Senate Bill No. 466
(By Senators D. Facemire, McCabe, Plymale and Kessler)
____________
[Introduced February 4, 2010; referred to the Committee
on Transportation and Infrastructure; and then to the Committee
on Finance.]
____________
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17-17B-1,
§17-17B-
2,
§17-17B-3,
§17-17B-4,
§17-17B-5,
§17-17B-6,
§17-17B-7,
§17-17B-8 and §17-17B-9, all relating to electronic
collection of tolls on certain roads; authorizing the
electronic collection of tolls; establishing penalties for
nonpayment and damage to facilities; keeping certain
information collected confidential and not subject to the
Freedom of Information Act; granting rule-making authority;
and defining terms.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17-17B-1,
§17-17B-2,
§17-17B-3,
§17-17B-4,
§17-17B-5,
§17-17B-6,
§17-17B-7,
§17-17B-8
and §17-17B-9, all to read as follows:
ARTICLE 17B. ELECTRONIC TOLL COLLECTION.
§17-17B-1. Definitions.
The following words and phrases have the following meanings
when used in this article:
(1) "Authority" or "Parkways Authority" means the West
Virginia Parkways, Economic Development and Tourism Authority
established by article sixteen-a of this chapter.
(2) "
Division" means the Division of Highways
, except where
another division is clearly identified.
(3) "Owner" means any person, corporation, firm,
partnership, agency, association, organization or lessor who:
(A) Is the beneficial or equitable owner of the vehicle;
(B) Holds title to the vehicle;
(C) Is the registrant or coregistrant of the vehicle
registered with the Division of Motor Vehicles or a comparable
agency of another jurisdiction or uses the vehicle in its vehicle
renting or leasing business; or
(D) Is a person entitled to the use and possession of a
vehicle subject to a security interest held by another person.
(4) "Electronic toll collection" means a system of
collecting tolls or charges that has or includes the capability
of charging an account holder, owner or operator of a vehicle for
the prescribed toll by electronic transmission of information
between a device on a vehicle and a device in a toll lane at a toll collection facility or by means of a video collection
system.
(5) "Video collection system" means a vehicle sensor, placed
in a location to work in conjunction with a toll collection
facility, that automatically produces a videotape or photograph,
microphotograph or other recorded image of the rear portion of
each vehicle at the time the vehicle is used or operated on the
toll facility in order to collect tolls or detect violations of
this article. This phrase includes, without limitation, any other
technology which identifies a vehicle by photographic, electronic
or other method.
§17-17B-2. Electronic toll collection authorized.
Notwithstanding article sixteen-a and section five-b,
article seventeen-a of this chapter and section seven-a, article
six, chapter seventeen-c of this code, the collection of tolls
and the enforcement toll violations may be enforced by electronic
toll collection.
§17-17B-3. Liability of owner.
(a) All owners and operators of motor vehicles must pay the
posted toll when on any road, highway or bridge authorized by
article sixteen-a and section five-b, article seventeen-a of this
article. These tolls may be collected by electronic toll
collection. If an owner or operator of a vehicle fails to pay
the prescribed toll by electronic means the owner of the vehicle
is in violation of this article.
(b) If a violation occurs, the registration plate number of
the vehicle as recorded by a video collection system establishes
an inference that the owner of the vehicle was operating the
vehicle at that time. The inference may be overcome if the
owner:
(1) States that he or she was not operating the vehicle at
the time of the violation;
(2) Identifies who was operating the vehicle; and
(3) Supplies the name and address, if known, of the operator
of the vehicle.
(c) If an action or proceeding is commenced in a county
other than that of the residence of the owner, a sworn statement
that contains the information set forth in subsection (b) of this
section is sufficient to overcome the inference.
(d) If the inference is overcome, the identified operator of
the vehicle may be found to have violated this article.
§17-17B-4. Imposition of liability.
If, as evidenced by a video collection system, a violation
of this article occurs the following shall apply:
(1) The division or the Parkways Authority, as the
applicable, will prepare and mail a notice of violation as
follows:
(A) The notice of violation must be sent by first class mail
to each person listed as owner;
(B) The notice must be mailed at the address shown on the vehicle registration or at the address of the operator, as
applicable.
(C) Notice shall be mailed no later than sixty days after:
(i) The violation;
(ii) The date the inference is overcome by the owner
pursuant to subsection (b), section three of this article; or
(iii) The date that a lessor provides sufficient information
to identify who is the actual owner.
(D) Personal service is not required.
(E) The notice must contain the following:
(i) Information advising the person of the violation, when
and where it occurred and that the violation may be contested.
(ii) A warning advising the person charged:
(I) That failure to contest in the manner and time provided
is an admission of guilt;
(II) That a default judgment may be entered on the notice;
(III) That a violation of this article may subject the owner
or operator to criminal prosecution and fines; and
(IV) That failure to pay civil or criminal penalties imposed
pursuant to this article may result in denial of an application
for a new or renewal of vehicle registration in this state.
(F) A manual or automatic record of mailing prepared in the
ordinary course of business shall be prima facie evidence of the
mailing of notice.
(2) If an owner of a vehicle receives a notice of violation
of this article for any time period during which the vehicle was
reported to a police department as having been stolen, that owner
may not be liable if he or she provides a certified copy of the
police report on the stolen vehicle to the division or the
Parkways Authority within thirty days after receiving the notice
of violation.
(3) If an owner of a vehicle receives a notice of violation
of this article for any time period during which the vehicle was
being leased or rented, that owner may not be liable if he or she
provides a copy of the rental, lease or other contract document
that contains the name and address of the lessee to the division
or the Parkways Authority within thirty days after receiving the
notice of violation.
(4) A certified report or a facsimile report of an
authorized agent or employee of the division reporting a
violation of section three of this article based upon the
recorded information obtained from a video collection system
shall be prima facie evidence of the facts contained in the
report and is admissible as an official record kept in the
ordinary course of business.
(5) Notwithstanding any provision in the code to the
contrary, videotapes, photographs, microphotographs, other
recorded images, written records, reports or facsimiles prepared
pursuant to this article are for the exclusive use of the
division or the Parkways Authority, as applicable, its authorized agents, its employees and law enforcement officials for the
purpose of discharging duties under this article. The
information shall not be deemed a public record under chapter
twenty-nine-b of this code. The information is not discoverable
by court order and it may not be offered in evidence in any
action or proceeding that is not directly related to a violation
of this article or indemnification permitted by this article.
However, these restrictions:
(A) Do not preclude a court of competent jurisdiction from
issuing an order directing that the information be provided to
law enforcement officials if the information is reasonably
described and is requested in connection with a criminal law
enforcement action;
(B) Do not preclude the exchange of the information between
any entities with jurisdiction over or that operate an electronic
toll collection system in this state or any other jurisdiction;
and
(C) Do not prohibit the use of information exclusively for
the purpose of billing electronic toll collection account
holders, deducting toll charges from the account of an account
holder, enforcing toll collection provisions of this code or
enforcing the provisions of an account holder agreement.
(6) Civil liability under this article is to be based upon a
preponderance of evidence.
(7) Civil liability under this article is not a conviction
and may not be made part of the owner's motor vehicle operating
record. It may not be considered in the provision of motor
vehicle insurance coverage.
(8) A person found to have violated this article is liable
for:
(A) The amount of the toll evaded or attempted to be evaded.
If the amount can be determined or, if it cannot be determined,
the maximum toll from the farthest point of entry on the toll
facility to the actual point of exit; and
(B) A reasonable administrative fee not to exceed $35 per
notification.
§17-17B-5. Placement of electronic toll collection device.
An electronic toll collection device that is properly
affixed to the front windshield of a vehicle in accordance with
division rules is not a violation of section thirty-six, article
fifteen, chapter seventeen-c of this code.
§17-17B-6. Privacy of electronic toll collection account holder
information.
(a) Except as provided in subsection (b) of this section,
and notwithstanding any provision in the code to the contrary,
videotapes, photographs, microphotographs, other recorded images,
written records, reports or facsimiles prepared pursuant to this
article are for the exclusive use of the division or the Parkways
Authority, as applicable, its authorized agents, its employees
and law enforcement officials for the purpose of discharging duties under this article. This information includes names,
addresses, account numbers, account balances, personal financial
information, vehicle movement records and other information
compiled from transactions with the account holders. The
information shall not be deemed a public record under chapter
twenty-nine-b of this code.
(b) The information is not discoverable by court order and
it may not be offered in evidence in any action or proceeding
that is not directly related to a violation
of this article
.
However, these restrictions:
(1) Do not preclude a court of competent jurisdiction from
issuing an order directing that the information be provided to
law enforcement officials if the information is reasonably
described and is requested in connection with a criminal law-
enforcement action;
(2) Do not preclude the exchange of the information between
any entities with jurisdiction over or which operate an
electronic toll collection system in this state or any other
jurisdiction; and
(3) Do not prohibit the use of information exclusively for
the purpose of billing electronic toll collection account
holders, deducting toll charges from the account of an account
holder, enforcing toll collection provisions of this code or
enforcing the provisions of an account holder agreement.
§17-17B-7. Evading tolls; damaging, interfering with or
obstructing video toll collection or
infrastructure; violations and penalties.
(a) Any person who knowingly or intentionally evades or
seeks to evade the payment of tolls, rents, fees or charges
established by the division for the use of any toll under the
jurisdiction of the Parkways Authority is guilty of a misdemeanor
and, upon conviction shall be fined not more than $50.
(b) Any person who deliberately damages, defaces or
obstructs a video collection system infrastructure or power
supply with the intent to interfere with or alter or prevent the
functioning of the system or electronic toll collection is guilty
of a misdemeanor and, in addition to any other penalties provided
by the code, and upon conviction shall be fined not more than
$500 and, if applicable, is additionally liable to the Parkways
Authority for all costs to repair the damaged, defaced or
obstructed property.
§17-17B-8. Nonrenewal of vehicle registration; effect of civil
or criminal violation.
The Commissioner of Motor Vehicles may refuse to register,
or renew the registration of, any vehicle whose owner has been
found to have violated this article until such time as all fees,
penalties and costs imposed pursuant by this article have been
paid or satisfied.
§17-17B-9. Rulemaking Authority.
The Commissioner of the Department of Motor Vehicles, the Commissioner of Highways and the Parkways Authority shall propose
rules for legislative approval in accordance with the provisions
of article three, chapter twenty-nine-a of the code to implement
this article.
NOTE: The purpose of this article is to authorize the
collection electronic collection of tolls. The bill establishes
penalties for nonpayment and damage to facilities. The bill
keeps certain information collected confidential and not subject
to the freedom of information act. The bill also grants
rulemaking authority and defines terms.
This article is new; therefore, strike-throughs and
underscoring have been omitted.
Email
Webmaster | © 2024 West Virginia Legislature **
