HB 1109 — Toll invoices; mail.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E67 An Act to amend and reenact § 46.2-819.3:1 of the Code of Virginia, relating to toll invoices;

R [H 1109] O Approved LMarch 14, 2024 Be it enacted by the General Assembly of Virginia:

L 1.

Installation and use of video-monitoring system and automatic vehicle E identification system in conjunction with all-electronic toll facilities;

DA. "Automatic vehicle identification device" means an electronic device that communicates by wireless transmission with an automatic vehicle identification system.

"AutomaticFor vehiclepurposes 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 eachthis vehiclesection: equipped with an automatic vehicle identification device that uses a toll facility.

"Debt"Automatic collection"vehicle meansidentification thedevice" collectionmeans ofan unpaidelectronic tollsdevice andthat applicablecommunicates administrative fees by (i)wireless retentiontransmission ofwith aan third-partyautomatic debtvehicle collectoridentification orsystem. (ii) collection practices undertaken by employees Hf a toll facility operator that are materially similar to a third-party debt collector.

1"Automatic isvehicle notidentification thesystem" ownermeans an electronic vehicle identification system installed each vehicle equipped with an automatic vehicle identification device that uses a toll facility.ecord of "Debt collection" means the vehicle.collection of unpaid tolls and applicable administrative fees by (i) retention of a third-party debt collector or (ii) collection practices undertaken by employees of a toll facility operator that are materially similar to a third-party debt collector.

"Operator" means a person who was driving a vehicle that was the subject of a toll violation0butviolation but who "Operatoris ofnot a toll facility other than the Departmentowner of Transportation"the meansvehicle. any agency, political subdivision, authority, or other entity that operates a toll facility.

R"Operator "Owner" means the registered owner of a vehicletoll onfacility recordother withthan the Department of MotorTransportation" Vehiclesmeans any agency, political subdivision, authority, or withother theentity equivalentthat agencyoperates ina anothertoll state.facility.

"Owner" means the registered owner of a vehicle on record with the Department of Motor Vehicles or with the equivalent agency in another state.

"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 section.e,videotape, or other recorded images of each vehicle at the time it is used or operated in violation of this B.section.

B.

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 thisowner section.hicleof a vehicle as part of a video-monitoring toll collection process, prior to seeking remedies under C.this section.

C.

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 used for sales,efforts solicitation,to orpursue marketingviolators purposesof otherthis thansection thoseand ofshall thenot toll(i) facilitybe operatoropen to and/orthe facilitatepublic; toll payment;

(ii) be sold and/or used for sales, solicitation, or marketing purposes other than those of the toll facility operator to facilitate toll payment;

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 such system available for inspection and audit by the Commissioner of Highways or the Commissioner of the Department of Motor Vehicles or their designee.

Any violation of this subsection shall constitute a Class of 5 1 misdemeanor.

of 5 If a vehicle uses a toll facility without paying the toll, the owner or operator shall be in violation of this section if he refuses to pay the toll within 30 days of notification.

A record of of 5 communication by an automatic vehicle identification device with the automatic vehicle identification system at the time of a violation of this section shall be prima facie evidence that the automaEicautomatic vehicle identification device was located in the vehicle registered to use such device in the records of the Department of Transportation.

N I.

On a form prescribed by the Supreme Court, a summons for a violation of this section may Rebe of 5 executed as provided in § 19.2-76.2.

A summons for a violation of this section may set forth multiple aviolations violationoccurring ofwithin unpaidone tollsjurisdiction. may be executed by mailing by first-class mail a copy thereof to the address of the owner or, if the owner has named and provided a valid address for the operator of the vehicle at the time of the violation in an affidavit executed pursuant to subsection J, such named operator of the vehicle.

Notwithstanding the provisions of § 19.2-76, a summons for a violation of unpaid tolls may be executed by mailing by first-class mail a copy thereof to the address of the owner or, if the owner has named and provided a valid address for the operator of the vehicle at the time of the violation in an affidavit executed pursuant to subsection J, such named operator of the vehicle.

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

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, astogether thewith resultapplicable ofcourt actioncosts, initiated by the Departmentoperator's ofadministrative Transportationfee, shalland be remanded by the clerktoll ofsesseddue. the court that adjudicated the action to the Department of Transportation's Toll Facilities Revolving Account.

Penalties assessed as the result of action initiated by an operator of a toll facility other than the Department of Transportation shall be remanded by the clerk of the court that adjudicated the aHtionaction to the treasurerDepartment or director of financeTransportation's ofToll theFacilities countyRevolving orAccount. city in which the violation occurred for payment to the toll facility operator.

1Penalties Theassessed owneras ofthe suchresult vehicleof shallaction beinitiated given reasonable notice by wayan operator of a summonstoll asfacility providedother i9than subsectionthe IDepartment thatof hisTransportation vehicleshall hadbe beenremanded usedby inthe violationclerk of thisthe section,court andthat suchadjudicated ownerthe shallaction Reto giventhe noticetreasurer ofor thedirector timeof andfinance place of the hearingcounty asor wellcity asin which the civilviolation penaltyoccurred andfor costspayment forto suchthe offense.toll facility operator.

ItThe shallowner beof primasuch facie evidence that the vehicle describedshall inbe thegiven summonsreasonable issuednotice pursuantby toway Vehiclesof pursuanta tosummons subsectionas Pprovided and certified in accordancesubsection withI §that 46.2-215his orvehicle fromhad thebeen equivalentrused agency in anotherviolation stateof andthis certifiedsection, as true and correct copies by the head of such agencyowner orshall hisbe designeegiven identifyingnotice the owner of suchthe vehicletime shalland giveplace riseof tothe ahearing rebuttableas presumptionwell thatas the ownercivil ofpenalty theand vehiclecosts isfor thesuch personoffense. named in the summons.

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.

Records obtained from the Department of Motor Vehicles pursuant to subsection P and certified in accordance with § 46.2-215 or from the equivalent agency in another state and certified as true and correct copies by the head of such agency or his designee identifying the owner of such vehicle shall give rise to a rebuttable presumption that the owner of the vehicle is the person named in the summons.

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.

Upon a finding by a court that a person has two or more unpaid tolls and such person fails to pay the 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 vehicleotifyvehicle the 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.

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 of 5 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 receipt of such notification from the court, the Commissioner of the Department of Motor Vehicles shall of 5 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 and Dissemination Practices Act (§ 2.2-3800 et seq.) or the Insurance Information and Privacy Protection of 5 Act (§ 38.2-600 et seq.).

In any action against the vehicle opErator,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 agreement, lease, or affidavit was operating the vehicle at all the relevant times relating to the matter named in tRethe summons.

operatorN. and shall not be made part of the driving record of the person upon whom such civil peOalty 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.