HB 1110 — Toll facilities; requirements related to handling toll invoices on rented or leased vehicles.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E470 An Act to amend and reenact § 46.2-819.3:1 of the Code of Virginia, relating to toll facilities;

R O [H 1110] Approved LApril L4, 2024 Be it enacted by the General Assembly of Virginia:

E § 46.2-819.3:1.

Installation and use of video-monitoring system and automatic vehicle Didentification ideA.system in conjunction with all-electronic toll facilities;

For purposes of this section:n with all-electronic toll facilities;

A.

For purposes of this section:

"Automatic vehicle identification system" means an electronic vehicle identification system installed to work in conjunction with a toll collection device that automatically produces an electronic record of each vehicle equipped with an automatic vehicle identification device that uses a toll facility.

"Debt collection" means the collection of unpaid tolls and applicable administrative fees byH(i)by (i) retention of a third-party debt collector or (ii) collection practices undertaken by employees 1fof a toll fac"Operator"facility meansoperator a person who was driving a vehicle that wasare thematerially subjectsimilar ofto a tollthird-party violationdebt butcollector. who is not the owner of the vehicle.

E"Operator" "Operatormeans of a tollperson facilitywho otherwas thandriving thea Departmentvehicle ofthat Transportation"was meansthe anysubject agency,of politicala subdivision,toll authority,violation orbut otherwho entityis thatnot operatesthe aowner tollof facility.the vehicle.

"Operator of a toll facility other than the Department of Transportation" means any agency, political subdivision, authority, or other entity that operates a toll facility.

"Video-monitoring system" means a vehicle sensor installed to work in conjunction with a toll collection device that automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this section.

The operator of a toll facility shall send an invoice for unpaid tolls in accordance with the requirements of § 46.2-819.6 to the owner of a vehicle as part of a video-monitoring toll collection process, prior to seeking remedies undereunder this section.

Notwithstanding any other provision of law, all images or other data collected by a video-monitoring system in conjunction with an automatic vehicle identification system shall be protected in a database with security comparable to that of the Department of Motor Vehicles' system and used exclusively for the collection of unpaid tolls and for efforts to pursue violators of this section and shall not (i) be open to the public;

Any entity operating a video-monitoring system in conjunction with an automatic vehicle identification system shall annually certify compliance with this section and make all records pertaining to suchtionsuch system available for inspection and audit by the Commissioner of Highways or the Commissioner of the of 5 Department of Motor Vehicles or their designee.

Any violation of this subsection shall constitute a Class 1 misdemeanor.

In addition to any fines or other penalties provided for by law, any money or other of 5 thing of value obtained as a result of a violation of this section shall be forfeited to the Commonwealth.

Any photographs, microphotographs, videotape, or other recorded images or electronic data evidencing such a violation shall be available for of 5 inspection in any proceeding to adjudicate the liability for such violation under this section.

A record of communication by an automatic vehicle identification device with the automatic vehicle identifiEationidentification system at the time of a violation of this section shall be prima facie evidence that the automatic vehicle identification device was located in the vehicle registered to use such device in the records of the Department of Transportation.

Rof 5 I.

On a form prescribed by the Supreme Court, a summons for a violation of this section may be violationsexecuted occurringas withinprovided onein jurisdiction.§ 19.2-76.2.

A summons for a violation of this section may set forth multiple violations occurring within one jurisdiction.

If the summEnedsummoned person fails to appear on the date of return set out in the summons mailed pursuant to this section, the summons shall be executed in the manner set out in § 19.2-76.3.

D J.

Upon a finding by a court of competent jurisdiction that the vehicle described in the summons issued pursuant to subsection I was in violation of this section, the court shall impose a civil penalty upon the owner or operator of such vehicle in accordance with the amounts specified in subsection D, together with applicable court costs, the operator's administrative fee, and the toll due.

Penalties assessed as the result of action initiated by an operator of a toll facilityHotherfacility other than the Department of Transportation shall be remanded by the clerk of the court that adjudicated the action to the treasurer or director of finance of the county or city in which the violation occurred for payment to the toll facility operator.

0 The owner of such vehicle shall be given reasonable notice by way of a summons as provided iRin subsection I that his vehicle had been used in violation of this section, and such owner shall be given notice of the time and place of the hearing as well as the civil penalty and costs for such offense.

It shall be prima facie evidence that the vehicle described in the summons issued pursuant to subsection I was operated in violation of this section.

Upon the filing of an affidavit by the owner of the vehicle with the toll facility operator within 14 days of receipt of an invoice for unpaid toll or a summons stating that such owner was not the operator of the vehicle on the date of the violation and providing the legal name and address of the operator of the vehicle at the time of the violation, an invoice for unpaid toll or summons, whichever the case may be,Inbe, anywill actionalso againstbe aissued vehicleto operator, an affidavit made by the owneralleged providingoperator the name and address of the vehicle operator at the time of the violationoffense. shall constitute prima facie evidence that the person named in the affidavit was operating the vehicle at all the relevant times relating to the matter named in the affidavit.

In any action against a vehicle operator, an affidavit made by the owner providing the name and address of the vehicle operator at the time of the violation shall constitute prima facie evidence that the person named in the affidavit was operating the vehicle at all the relevant times relating to the matter named in the affidavit.

theK. required penalties, fees, and unpaid tolls, then the court or toll facility operator shall notify the Commissioner of the Department of Motor Vehicles, who shall refuse to issue or renew any vehicle registration certificate of any applicant or the license plate issued for the vehicle driven in the commission of the offense or, when the vehicle is registered in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.9, who shall provide to the entity authorized to issue vehicle registration certificates or license plates in the state in which the vehicle is registered sufficient evidence of the court's finding to take action against the vehicle registration certificate or license plates in accordance with the terms of the agreement, until the court has notified the Commissioner that such penalties, fees, and unpaid tolls have been paid.

Upon receipt of such notification from the court, the Commissioner of the Department of Motor Vehicles shall notify the operator at the time of the offense and upon a finding by a court that thea person identifiedhas intwo annotor themore affidavitunpaid pursuanttolls to subsection J as the operator violated this section and such person fails to pay the of 5 required penalties, fees, and unpaid tolls, then the court or toll facility operator shall notify the Commissioner,Commissioner of the Department of Motor Vehicles, who shall refuse to issue or renew any vehicle registration certificate of any applicant or the license plate issued for anythe vehicle owneddriven orin co-ownedthe bycommission suchof personthe offense or, when suchthe vehicle is registered in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.9, who shall provide to the entity authorized to issue vehicle registration certificates or license plates in the state in which the vehicle is registered sufficient evidence of the court's finding to take action against the vehicle registration certificate or license plates in accordance with the terms of the agreement, until the court has notified the Commissioner that such penalties, fees, and unpaid tolls have been paid.

If it is proven that the vehicle owner was not the operator at the time of the offense and upon a finding by a court that the person identified in an affidavit pursuant to subsection J as the operator violated this section and such person fails to pay the required penalties, fees, and unpaid tolls, the court shall notify the Commissioner, who shall refuse to issue or renew any vehicle registration certificate of any applicant or the license plate issued for any vehicle owned or co-owned by such person or, when such vehicle is registered in a state with which the Commonwealth has entered into an agreement to enforce tolling violations pursuant to § 46.2-819.9, who shall provide to the entity authorized to issue vehicle registration certificates or license plates in the state in which the vehicle is registered sufficient evidence of the court's finding to take action against the vehicle registration certificate or license plates in accordance with the terms of the agreement, until the court has notified the Commissioner that such penalties, fees, and unpaid tolls have been paid.

Upon of 5 receipt of such notification from the court, the Commissioner of the Department of Motor Vehicles shall notify the state where the vehicle is registered of such payment.

Release of this information shall not be deemed a violation of any provision of the Government Data Collection ofand 5Dissemination Practices Act (§ 2.2-3800 et seq.) or the Insurance Information and Privacy Protection Act (§ 38.2-600 et seq.).

The toll facility operator shall allow at least 30 days from the date of suchnsuch mailing before pursuing other remedies under this section.

In any action against the vehicle operator, a copy of the vehicle rental agreement, lease, or affidavit identifying the renter or lessee of the vehicle at the time of the violation is prima facie evidence that the person named in the rental agreementRagreement, lease, or affidavit was operating the vehicle at all the relevant times relating to the matter named in the summons.

operatorN. and shall not be made part of the driving record of the person upon whom such civil penalty is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.

LImposition O.of a civil penalty pursuant to this section shall not be deemed a conviction as an operator and shall not be made part of the driving record of the person upon whom such civil penalty is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.

TheO. toll facility operator may offer to the owner an option to pay the unpaid toll and fees plus a reduced civil penalty of $25 for a first or second offense or $50 for a third, fourth, or subseEuent entire amount so calculated at least 14 days prior to the hearing date specified on the summons.