46.2-819.3 - Use of toll facility without payment of toll; enforcement; penalty.
§ 46.2-819.3. Use of toll facility without payment of toll; enforcement;penalty.
A. The toll facility operator may impose and collect an administrative fee inaddition to the unpaid toll so as to recover the expenses of collecting theunpaid toll, which administrative fee shall be reasonably related to theactual cost of collecting the unpaid toll and not exceed $100 per violation.Such fee shall not be levied upon the operator of the vehicle until thesecond unpaid toll has been documented. The owner or operator of the vehicleshall pay the unpaid tolls and any administrative fee detailed in an invoiceor bill issued by a toll facility operator. If paid within 30 days ofnotification, the administrative fee shall not exceed $25.
B. If the matter proceeds to court, the owner or operator of the vehicleshall be liable for a civil penalty as follows: for a first offense, $50; fora second offense within one year from the first offense, $100; for a thirdoffense within two years from the second offense, $250; and for a fourth andany subsequent offense within three years from the second offense, $500 plus,in each case, the unpaid toll, all accrued administrative fees imposed by thetoll facility operator and applicable court costs if the vehicle operator isfound, as evidenced by information obtained from the toll facility operator,to have used such a toll facility without payment of the required toll.
C. A written promise to pay an unpaid toll within a specified period of timeexecuted by the driver of a motor vehicle, accompanied by a certificate swornto or affirmed by an authorized agent of the toll facility that the unpaidtoll was not paid within such specified period, shall be prima facie evidenceof the facts contained therein.
D. The operator of a toll facility may send an invoice or bill to the driverof a motor vehicle using a toll facility without payment of the specifiedtoll as part of an electronic or manual toll collection process prior toseeking remedies under this section. Any action under this section shall bebrought in the general district court of the city or county in which the tollfacility is located.
E. Upon a finding by a court of competent jurisdiction that the driver of amotor vehicle identified in the summons issued pursuant to subsection I wasin violation of this section, the court shall impose a civil penalty upon thedriver of a motor vehicle in accordance with the amounts specified insubsection B, together with applicable court costs, the operator'sadministrative fee, and the toll due. Penalties assessed as the result ofaction initiated by the Virginia Department of Transportation shall beremanded by the clerk of the court which adjudicated the action to theVirginia Department of Transportation's Toll Facilities Revolving Fund.Penalties assessed as the result of action initiated by an operator of a tollfacility other than the Virginia Department of Transportation shall beremanded by the clerk of the court which adjudicated the action to thetreasurer or director of finance of the county or city in which the violationoccurred for payment to the toll facility operator.
F. Upon a finding by a court that a person has three or more unpaid tolls andsuch person fails to pay the required penalties, fees, and unpaid tolls, thecourt shall notify the Commissioner of the Department of Motor Vehicles, whoshall refuse to issue or renew any vehicle registration certificate of anyapplicant or the license plate issued for any vehicle owned or co-owned bythe offender. The Commissioner shall collect a $40 administrative fee fromthe owner or operator of the vehicle to defray the cost of processing andremoving an order to deny registration or registration renewal.
G. For purposes of this section, "operator of a toll facility other than theVirginia Department of Transportation" means any agency, politicalsubdivision, authority, or other entity that operates a toll facility.
H. Imposition of a civil penalty pursuant to this section shall not be deemeda conviction as an operator and shall not be made part of the driving recordof the person upon whom such civil penalty is imposed nor shall it be usedfor insurance purposes in the provision of motor vehicle insurance coverage.The provisions of § 46.2-395 shall not be applicable to any civil penalty,fee, unpaid toll, fine or cost imposed or ordered paid under this section fora violation of this section.
I. A summons for a violation of this section may be executed pursuant to §19.2-76.2. Toll facility personnel or their agents mailing such summons shallbe considered conservators of the peace for the sole and limited purpose ofmailing such summons. Notwithstanding the provisions of § 19.2-76, a summonsfor a violation of this section may be executed by mailing by first-classmail a copy thereof to the address of the driver of a motor vehicle as shownon the records of the Department of Motor Vehicles. If the summoned personfails to appear on the date of return set out in the summons mailed pursuantto this section, the summons shall be executed in the manner set out in §19.2-76.3.
J. No person shall be subject to both the provisions of this section and toprosecution under § 46.2-819 for actions arising out of the same transactionor occurrence.
(2004, c. 924; 2006, c. 859; 2007, cc. 78, 200.)