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5*(9
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
1 of 14
5/12/2016
Minimum
liability to
trigger
sanctions
California Vehicle Code 40267 may file for civil judgment if > $400 in unpaid penalties and fees
Florida
F.S.A. § 318.18
10 violations within a 36-month period, for driver's license suspension
Illinois
625 ILCS 5/6-306.7
625 ILCS 5/6-704.2
to suspend driving privileges, suspend driving privileges, or tow/impound:
5 or more toll violations, toll evasions, or both
Kansas
2016 SB 373 as
enacted, New
Section 1
the amount of any tolls due and owing by the registered owner must
exceed $100
Maryland COMAR 11.07.07.08 $1,000 in unpaid final toll violations before request to suspend registration
New York
McKinney's Public
Authorities Law §
510
15 NYCRR 127.14
5 or more notices of liability or other process within 18 months, for violation
of toll collection regulations
North Carolina
N.C.G.S.A. § 136-
89.216
for a civil penalty for failure to pay an open road toll: 2 or more bills for
unpaid open road tolls, not paid within 30 days; only 1 penalty in a 6-month
period
Texas
V.T.C.A.,
Transportation Code
§ 372.106, §
372.109, § 372.111,
§ 372.113
registration suspended if a habitual violator (a violator issued at least 2
written notices of nonpayment that contained 100 or more events of
nonpayment within 1 year, not paid within 30 days and no appeal filed,
notice must be sent)
Virginia
VA Code Ann. § 46.2
-
819.1 G, § 46.2-
819.3 G, § 46.2-
819.3:1 F
a finding by a court that a person has 2 or more unpaid tolls (or 3 or more,
depending on the specific circumstances) and fails to pay the penalties,
fees, and unpaid tolls
Deny or
suspend
vehicle
registration
California
Vehicle Code §
40267
Vehicle Code § 4770,
§ 4771
toll authority may file an itemization of unpaid toll evasion penalties and
fees for collection with vehicle registration;
department will refuse to renew if owner or lessee has been notified of the
violation(s) and the processing agency has sent the department an
itemization of unpaid toll evasion penalties (including fees), unless the full
amount is paid; customer may pay full amount when registering the
vehicle; amount must be itemized on registration renewal notice
Colorado
C.R.S.A. § 43-3-302,
§ 43-3-808
court must send certified report to the department of revenue of any
outstanding judgment or failure to pay the toll, fee, and civil penalty;
department shall not renew the vehicle registration of the vehicle until the
toll, fee, and civil penalty are paid in full
Florida
F.S.A. § 320.03, §
316.1001
a license plate or revalidation sticker may not be issued until the violator's
name no longer appears on the list of violators or until the person presents
a receipt from the governmental entity or the clerk of court that provided
the data showing that the fines outstanding have been paid
Illinois
625 ILCS 5/3-704.2
92 Ill. Adm. Code
2520.705
suspend registration upon a certified report from Illinois State Toll Highway
Authority to Secretary of State (report to include name, last known
address, and driver's license number); Secretary to notify person that the
person's vehicle registration will be suspended at the end of a specified
period unless paid or report was in error; $20 filing fee to request an
administrative hearing to contest an impending suspension
Authority must notify the violator that failure to satisfy any fine or penalty
shall result in suspension of driving privileges, vehicle registration, or both
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
2 of 14
5/12/2016
Kansas
2016 SB 373 as
enacted, New
Section 1
on and after January 1, 2018, if the outstanding amount of any tolls due
and owing by the registered owner exceeds $100, the director or the
director’s designee is authorized to instruct the division of vehicles to
require payment of any tolls due and owing to the county treasurer at the
time of registration or renewal of registration or otherwise to refuse to
re
g
ister or renew the re
g
istration of the vehicle
Maine
29-A M.R.S.A. §§
154, 1980
Upon receipt of notice from the Maine Turnpike Authority. . ., the Secretary
of State shall suspend the registration certificate and plates issued for the
vehicle in question. If the motor vehicle is registered in another jurisdiction,
the Secretary of State shall suspend the owner's right to operate the motor
vehicle in this State. . . . The Secretary of State may not reinstate the
registration certificate and plates or restore the owner's right to operate the
motor vehicle in the State until the Maine Turnpike Authority notifies the
Secretary of State that the toll and applicable fees and penalties have
been paid.
The Secretary of State shall suspend registration if the owner does not pay
the required tolls, administrative fees or civil penalties within 30 days of a
final determination of liability. . . .
The suspension takes effect on the date specified in the notice, which may
not be less than 10 days after the mailing of the notification.
Maryland
MD Code,
Transportation, § 21-
1414, § 27-110
COMAR 11.07.07.07,
11.07.07.08,
11.15.21.02,
11.15.28.03,
11.15.28.04
the motor vehicle administrator must refuse or suspend (if a chronic
violator) the registration of a vehicle that incurs a toll violation (in the state
or in another jurisdiction with which Maryland has a reciprocal agreement);
Transportation Authority or district court must notify the motor vehicle
administration of a violation; administration shall then refuse or suspend
the registration;
will request the motor vehicle administration refuse vehicle registration if at
least 1 unpaid final toll violation; will request suspension of the registration
if a vehicle has incurred at least $1,000 in unpaid final toll violations;
the Authority must notify the motor vehicle administrator within 3 business
days of amounts being received or the owner enters into a confessed
judgment to pay the amount
Massachusetts
700 Code of
Massachusetts
Regulations
7.04(5)(g),
7.03(12)(g),
11.07(7)(b)
if the fine is not paid or the violation appealed within 60 days, the violation
clerk notifies the vehicle owner and the Registrar of Motor Vehicles; the
Registrar shall not renew the registration until notice from the violation
clerk the matter has been disposed of in accordance with law
New Hampshire
N.H. Rev. Stat. §
263:56-f
the director shall notify the owner in writing by first class mail that the
owner's motor vehicle registration renewal privileges may be suspended
on the date which is 30 days from the date of notification unless the toll
and any administrative fees assessed by the department of transportation
are paid. . . . The registration renewal privileges of any vehicle, if
applicable, of an owner shall be reinstated upon notice to the director from
the department of transportation that all tolls, fees, and fines have been
paid.
New Jersey N.J.S.A. 27:25A-21
In addition to any punishment or penalty provided . . ., every registration
certificate and every license certificate to drive motor vehicles may be
suspended or revoked and any person may be prohibited from obtaining a
driver's license or a registration certificate and the reciprocity privileges of
a nonresident may be suspended or revoked by the Director of the
Division of Motor Vehicles for a violation of any of the provisions of this
section, after due notice in writing of the proposed suspension, revocation
or prohibition and the ground thereof
New York
McKinney's Vehicle
and Traffic Law §
510
15 NYCRR 127.14
if the violator has not paid after 5 or more notices of liability within 18
months, the commissioner shall suspend registration until the registrant
has appeared to respond or has paid the penalty
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
3 of 14
5/12/2016
North Carolina
N.C.G.S.A. § 136-
89.217
the Commissioner of Motor Vehicles must withhold the registration renewal
if a person fails to pay an open road toll billed to the person plus the fee
and any civil penalty and the Commissioner receives notification from the
Authority
Oklahoma
47 Okl.St.Ann. § 11-
1401.2 B.16, 17, 19,
20
if notice has been sent by certified mail and the Authority has transmitted
to the Commission an itemization of unpaid toll evasion penalties, the
Commission must refuse to renew the vehicle registration;
the Commission shall include on each vehicle registration renewal notice
or on an accompanying document an itemization of unpaid toll evasion
penalties, fees, and assessments
Texas
V.T.C.A.,
Transportation Code
§ 372.111, § 502.011
if a habitual violator (issued at least 2 written notices of nonpayment that
contained 100 or more events of nonpayment within 1 year); must send
notice by first class mail to the registration address or an alternate address
"provided by the person or derived through other reliable means";
determination considered final if no payment or request for hearing within
30 days (plus 5 for mailing);
after a final determination, the toll project entity may report the
determination to a county assessor-collector or the Texas DMV in order to
cause the denial of registration
Virginia
VA Code Ann. § 46.2
-
819.1 G,
§ 46.2-819.3 G,
§ 46.2-819.3:1 G,
§ 46.2-819.5 I
upon a finding by a court that a person has 2 or more (3 or more in 46.2-
819.3 and 46:1-819.5) unpaid tolls and fails to pay the penalties, fees, and
unpaid tolls, the court shall notify the Commissioner of the DMV, who shall
refuse to issue or renew any vehicle registration certificate for the vehicle
driven until the court has notified the Commissioner that the penalties,
fees, and tolls have been paid; the Commissioner shall collect a $40
administrative fee to defray the costs of processing
Washington RCWA 46.16A.120
the department or county auditor or agent shall not renew a vehicle
registration if there are any outstanding standing, stopping, and parking
violations [Note: not just unpaid tolls] unless the outstanding violations and
civil penalties were received within 120 days before the current vehicle
registration expiration (120-day notice to the customer is required), there is
a change in registered ownership, or the registered owner provides proof
of payment
Limits on
amounts to be
charged for
penalties, fees
California
Vehicle Code §
40258, § 40262.5, §
40267, § 4773
penalties for toll evasion violations limited to $100 for first violation, $250
for a second violation within 1 year, $500 for each additional violation
within 1 year; shall be considered a debt due; if more than $400, may file
as a civil judgment
DMV may assess a fee for recording the notice of delinquent toll evasion
violation sufficient to at least its actual costs for administering collection at
registration
Colorado
C.R.S.A. § 43-3-302,
§ 43-3-808, § 43-4-
506.5.
toll road or highway company may adopt rules providing a civil penalty; the
civil penalty is limited to $10-$250
Florida F.S.A. § 318.18
mandatory $100 fine for each violation plus amount of unpaid toll(s); if
there is a plea agreement and adjudication is withheld, the mandatory fine
is $50-$100 plus the amount of the unpaid toll; additional civil penalty of
$16 if not paid within 30 days; may pursue as bad debt
Kansas
KSA 68-2020
(
continuin
g
law
)
fine of not more than $100 for refusing or failing to pay a toll,
im
p
risonment for not more than 30 da
y
s, or both
Illinois
92 Ill. Adm. Code
2520.750
605 ILCS 10/10
upon a finding of liability, the registered owner shall be liable for the toll,
$20 fine per violation, applicable fees;
if not paid within 30 days, additional $50/violation without further notice or
order;
may be collected as a bad debt
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
4 of 14
5/12/2016
Maine 23 M.R.S.A. § 1980
If an operator of a vehicle fails to pay a toll, the registered owner of that
vehicle is liable for payment of the toll and is subject to a civil penalty of:
(1) Fifty dollars, except as provided in subparagraph (2) or (3);
(2) One hundred dollars, if a failure to pay a toll occurs within 18 months of
a prior failure to pay; or
(3) One hundred fifty dollars, if a failure to pay a toll occurs within 18
months of 2 or more prior failures to pay.
Maryland COMAR 11.07.07.09 the civil penalty included in a citation for a toll violation is $50
Massachusetts
M.G.L.A. 91 App. § 1-
23
700 Code of
Massachusetts
Regulations
7.04(5)(g),
7.03(12)(g),
11.07(7)(b), 11.08
for failure to pay toll: fine of not more than $100 or imprisonment for not
more than 30 days or both (criminal penalty)
$40 penalty if payment is not made or appeal requested within 60 days;
fine not to exceed $250 for toll evasion; $50 fine for toll violation, plus late
payment fees if applicable
New Hampshire
N.H. Rev. Stat. §
263:56-f
the fine for each suspension of registration renewal privileges requested
by the commissioner of transportation shall not exceed:
(1) $250 for a first requested suspension.
(2) $500 for a second offense within a 12-month period from the time of
the first requested suspension.
(3) $1,000 for a third or subsequent offense within a 12-month period from
the time of the first requested suspension.
The commissioner of safety, in proven cases of hardship or for other good
cause, may suspend all or part of any administrative fine so imposed.
New Hampshire
N.H. Rev. Stat. §
236:31
The rules shall include . . . A schedule of administrative fees to be
imposed upon those who violate this section. Such administrative fees
shall be set from time to time in an amount sufficient to permit the
department to fully recover its costs, and the costs incurred by the
department of safety, to administer, maintain, and upgrade the violation
enforcement system.
New York
McK.Unconsol.Laws
§ 6816
violation is a misdemeanor punishable by a fine not exceeding $500,
imprisonment for not more than 60 da
y
s, or both
New York
McK.Unconsol.Laws
§ 6816-b
McKinney's Public
Authorities Law §
2985
amounts not to exceed $50 or twice the toll for a first violation; $100 or 5
times the toll for a second violation within 18 months; $150 or 10 times the
toll for a third or subsequent violation within 18 months
New York 21 NYCRR 1021.3
(for the Triborough Bridge and Tunnel Authority) toll violation fee of $50 for
each such toll collection violation
North Carolina
N.C.G.S.A. § 136-
89.215, § 136-
89.216, § 136-89.218
the processing fee may not exceed $6; a person may not be charged more
than $48 in processing fees in a 12-month period; the Authority must set
the processing fee at an amount that does not exceed the costs of
collecting the unpaid toll;
civil penalty of $25 once in a 6-month period is assessed if the person has
received 2 or more bills of unpaid open road tolls and has not paid within
30 days
Oklahoma
47 Okl.St.Ann. § 11-
1401.2 B.4, 20
$25 for each violation, plus toll charges
Commission to assess a fee sufficient to provide a total amount equal to at
least its actual costs to administer the registration provisions; no further
attempt at collection if the vehicle is transferred or not renewed for 2
renewal periods
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
5 of 14
5/12/2016
Texas
V.T.C.A.,
Transportation Code
§ 370.177(a), (c), §
372.104, §
372.105(d), §
372.105
Tex. Admin. Code tit.
ௐ
failing to pay the proper toll amount is a misdemeanor punishable by a fine
not to exceed $250;
the authority may impose an administrative fee to recover the cost of
collecting the unpaid toll, not to exceed $100;
administrative fees may be suspended if a violator agrees to open a
funded account and maintains that account in good standing;
if sent for collection, the authorized collection attorney may recover
attorney's fees, investigative costs, and court costs;
filing fee of $100 for an appeal of habitual violator statutes under a justice
court
Virginia
VA Code Ann. § 46.2
-
819.1 B, C, F
§ 46.2-819.3 A, B, D,
F
§ 46.2-819.3:1 B, C,
L
§ 46.2-819.5 A, C, H
the toll facility operator may impose and collect an administrative fee in
addition to the unpaid toll, which shall be reasonably related to the actual
cost of collecting the unpaid toll and not exceed $100 per violation (may
not be levied in 46.2-819.5 B until a second violation has been
documented within 12 months); if paid within 30 days of notification, the
administrative fee shall not exceed $25
if the matter proceeds to court, these civil penalties: $50 for first offense,
$100 for second offense within 1 year, $250 for third offense within 2 years
from the second offense, $500 for a fourth and any subsequent offense
within 3 years of second offense; the toll facility operator may reduce the
civil penalty to $25 for first or second offense or $50 for a subsequent
offense if the owner pays at least 14 days before the hearing date;
action is to be brought in the general district court of the city or county but
considered an infraction; court costs apply
Washington
RCWA 46.63.160
(8), (11);
47.46.105;
47.56.795 (6)
the civil penalty for toll nonpayment detected through the use of a photo
toll system is $40 plus the photo toll and associated fees;
the first time there is a failure to timely pay, the department may waive
penalties and fees if the owner establishes an electronic toll account;
administrative fees must not exceed toll collection costs
Notice(s) to the
violator
California
Vehicle Code §
40254, § 40267, §
4771
the toll agency must send a notice of toll evasion violation within 21 days;
if the registered owner is a repeat violator (more than 5 violations in any
calendar month within the preceding 12 months), the processing agency
must forward the notice within 90 days; the notice must include the license
plate number and other vehicle information and an explanation of
procedures for contesting the violation; notice of a civil judgment if the total
of penalties and fees exceeds $400 must be sent by first-class mail, and
judgment will be effective 30 days after mailing;
the department shall include with each vehicle registration renewal notice
an itemization of unpaid toll evasion penalties, including fees
Colorado
C.R.S.A. § 43-3-
302(7), § 43-4-808,
§ 43-4-506.5;
2 Colo. Code Regs.
606-1:4.00
violator must receive a civil penalty assessment notice or a municipal
summons and complaint; if not paid within 20 days, the notice constitutes
a complaint to appear for adjudication of toll evasion in court or in an
administrative toll enforcement proceeding; if toll evasion is evidenced by
photography or other technology, the civil penalty assessment notice may
be issued and sent by first-class mail or equivalent, to the registered
owner; if the penalty is not paid within 20 days, the company shall send a
penalty assessment notice by certified mail, return receipt requested, or
equivalent; if not paid or answered before a scheduled hearing, the owner
is deemed to have admitted liability and a final order of liability may be
entered; company may pursue as debt
Florida F.S.A. § 316.1001
citation must be mailed to the registered owner within 14 days of the date
of issuance of the citation
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
6 of 14
5/12/2016
Illinois
605 ILCS 10/10
92 Ill. Adm. Code
2520.705
notice of violation to be served by USPS first-class mail or other means as
provided by law to the address of the registered owner of the cited vehicle
as recorded in vehicle registration records;
notice must include the date, approximate time and location of the
violations cited, the regulation violated, the state registration number of the
cited vehicle, the amount of unpaid tolls, the applicable fines and fees, and
notice that failure to pay may result in suspended driving privileges or
registration or both and failure to contest shall be deemed an admission of
liability
Kansas
2016 SB 373 as
enacted, New
Section 1
the authority may provide by US mail or accepted USPS tracking method
a notice of toll-evasion violation to the registered owner; the notice may
include a toll-evasion civil penalty, administrative fee, and costs for each
instance in which the registered owner has failed to pay the toll
Kansas
KSA 8-173 as
amended by 2016
SB 373
On and after January 1, 2018, an application for registration or renewal of
registration of a vehicle shall not be accepted, if the records of the division
show that after three attempts by the Kansas turnpike authority to contact
the registered owner, including at least one registered letter, the
registered owner of such vehicle has unpaid tolls and that the director of
the Kansas turnpike authority or the director’s designee has instructed the
division to refuse to accept the registration or renewal of
registration, . . . unless the owner or registered owner makes payment to
the county treasurer at the time of registration or renewal of registration.
Maine 23 M.R.S.A. § 1980
The authority shall send a notice of liability by first class mail to a person
alleged to be liable as a registered owner under this subsection. The
notice must be sent to the address of the registered owner on record with
the authority if the registered owner is an electronic toll collection patron of
the authority or, if no such record exists, the address of the registered
owner on record with the Secretary of State. . . . A notice of liability must
include the amount of the unpaid toll, the registration number of the vehicle
involved, the toll collection facility at which the failure to pay occurred and
the date and the approximate time of the failure. The notice must also
include the name, address and telephone number of the violation clerk
responsible for enforcing the penalty for the failure to pay. A notice of
liability must state how the alleged liability may be contested and must
identify the statutory defenses. . . . The notice must also include a warning
that failure to contest in the manner and time provided is an admission of
liability and a waiver of defenses and that failure to pay or respond may
result in revocation of the registration certificate and plates issued for a
motor vehicle registered in the State or suspension of the right to operate
the motor vehicle in this State if it is registered in another jurisdiction.
Maryland
Maryland Code,
Transportation, § 21-
1414(b), (c), (d)
COMAR 11.07.07.06,
11.07.07.08,
11.15.21.02,
11.15.28.04
the Authority must send the registered owner a notice of toll due; the
person alleged to be liable who receives such a notice has at least 30
days to pay the toll; civil penalty may be assessed 15 days after the toll
violation occurs; Authority or its agent shall send a citation via first-class
mail no later than 60 days after the toll violation (a record of the mailing is
admissible evidence of the notice of toll due and citation); citation must
include a copy of the image and warning that failure to pay or contest may
result in refusal or suspension of registration and referral for collection; the
jurisdiction must notify the vehicle owner of the jurisdiction's intent to
request suspension of vehicle registration, and the Administration must
notify the owner of the suspension
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
7 of 14
5/12/2016
Massachusetts
M.G.L.A. 91 App. § 1-
23
700 Code of
Massachusetts
Regulations 7.04(f),
7.03(f), 11.07
for each violation related to electronic toll collection, a violation notice shall
be sent to the registered owner; the notice shall include the vehicle
registration number and information on the specific violation; delivery of
the notice of violation by first class mail is sufficient; the owner has 60
days to pay, send a written dispute by mail, or request a hearing; a
violation clerk issues and certifies the violation notice and sends it by first-
class mail to the registered owner at the address on record with the
Registry of Motor Vehicles or other state's equivalent
New Hampshire
N.H. Rev. Stat. §
236:31
The rules shall include . . . a procedure for processing all other violations
of this section, which shall require the department, or its designee, to send
by regular mail, or other agreed upon method, an advisory and payment
request to the owner of the vehicle, within 30 days of the date of the
violation. The advisory and payment request shall notify the owner of the
date, time, and location of the alleged violation, give the owner the
opportunity to resolve the alleged violation by payment of the toll or charge
due and a reasonable administrative fee, and advise the owner that failure
to pay the required toll or charge and administrative fee within 60 days of
the date of the violation shall cause the department to file a report with the
department of safety, division of motor vehicles, seeking an order of
suspension . . . .
New Jersey
N.J.S.A. 27:25A-21.3
N.J.S.A. 27:23-34.3
the authority or the agent of the authority may send an advisory and
payment request within 60 days of the date of the violation to the owner of
the vehicle by regular mail at the address of record for that owner with the
New Jersey Motor Vehicle Commission or with any other motor vehicle
licensing authority of another jurisdiction, providing the owner with the
opportunity to resolve the matter prior to the issuance of a summons and
complaint that charges a violation of the toll collection monitoring system
regulations. . . . If the owner fails to pay the required toll and fee within 30
days of the date the advisory and payment request was sent, the owner
shall be subject to liability on the 31st day following the date the advisory
and payment request was sent. . . .
New York
McK.Unconsol.Laws
§ 6816-b
McKinney's Public
Authorities Law §
2985
McKinney's Vehicle
and Traffic Law §
510
notice shall be sent by first-class mail to each person alleged to be liable
as an owner for violation, within 30 days after the alleged violation; an
owner who is an account holder under the electronic toll collection system
shall not be found liable unless the authority has sent a notice of
delinquency to the account holder;
suspension of registration shall take effect no less than 30 days after
notice of the suspension is sent
North Carolina
N.C.G.S.A. § 136-
89.214
§ 136-89.215
if the toll is not paid, the Authority must send a bill within 90 days, by first-
class mail; a billing period for unpaid open road tolls may not be shorter
than 15 days; the bill must include certain information, including an image
of the registration plate if one was captured and a statement the owner is
subject to a civil penalty and may not renew the vehicle's registration until
the tolls and civil penalties are paid [Note: NCGSA 136-89.213 requires a
facility in the immediate vicinity of the turnpike project to accept cash and
must place signs notifying drivers on how to pay the toll]; the person has
30 days to pay
Oklahoma
47 Okl.St.Ann. § 11-
1401.2 B.6, 7, 10
notice to be sent by first-class mail, within 45 days after the alleged
violation, including specified information; if the violation is contested, the
Authority must investigate and mail the results of the investigation within
30 days of receipt of a notice of contest; the record of mailing is prima
facie evidence of the receipt of the notice; a subsequent notice, sent by
certified mail, must include certain information, including a statement that
failure to pay or contest the violation within 21 days will mean vehicle
registration renewal is contingent upon payment; the Authority may not file
a civil judgment with the district court related to a toll evasion violation
unless the Authority has determined that registration of the vehicle has not
been renewed for 60 da
y
s be
y
ond the renewal date
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
8 of 14
5/12/2016
Texas
V.T.C.A.,
Transportation Code
§ 372.103, §
372.104, § 372.105
if the registered owner has failed to comply with a payment plan for
outstanding tolls and administrative fees, after 30 days, the toll project
entity may refer the bill for collection;
each written notice of nonpayment shall include a warning that failure to
pay may result in exercise of the habitual violator remedies
Texas
V.T.C.A.,
Transportation Code
§ 370.177(c), §
372.106, § 372.110
the authority shall send a written notice of nonpayment to the registered
owner of the vehicle as shown in vehicle registration records by first class
mail within 30 days after the date of the alleged failure to pay and may
require payment not sooner than the 30th day after the date the notice was
mailed (plus 5 days for mailing, for certain facilities); the registered owner
shall pay a separate toll and administrative fee for each event of
nonpayment;
a habitual violator must receive notice a toll project entity has prohibited
operation of a motor vehicle on its project
Virginia
VA Code Ann. § 46.2
-
819.1 A, § 46.2-
819.3 J, § 46.2-
819.3:1 F, K; § 46.2-
819.5 M; § 46.2-
819.6, § 46.2-819.7
the operator of a toll facility must send an invoice or bill for unpaid tolls to
the registered owner of the vehicle;
the owner shall be given reasonable notice by way of a summons;
an invoice for an unpaid toll may be executed by mailing by first-class mail
to the address of the owner of the vehicles as shown on the records of the
Department
Washington
RCWA 46.63.160
(3), (6);
46.16A.120
notice of civil penalty may be issued only after the payment due date,
which is 80 days after the toll is incurred; notice must include an image of
the violation; if the customer has agreed to them, notices must include
email and phone messages at least 10 days before a civil penalty is
issued; the envelope containing a toll charge or notice of civil penalty must
prominently indicate the contents are time sensitive and related to a toll
violation;
before suspending registration, notice must be sent approximately 120
days in advance of the current vehicle registration expiration date
(subsequent violations would not be applicable until the following year)
Exceptions to
owner
responsibility
California
Vehicle Code §
40250
the registered owner, driver, rentee, or lessee of a vehicle cited for a toll
evasion violation of a toll facility shall be jointly and severally liable for the
toll evasion penalty, unless the owner can show that the vehicle was used
without the express or implied consent of that person. A person who pays
a toll evasion penalty, a civil judgment, costs, or administrative fees
pursuant to this article has the right to recover the same from the driver,
rentee, or lessee
Colorado
C.R.S.A. § 43-3-302
(7), § 43-4-808, § 43-
4-506.5
the owner may avoid liability if the owner can furnish sufficient evidence
that, at the time of the toll evasion, the vehicle was leased or rented to
another person
Florida F.S.A. § 316.1001(2)
within 14 days after the date of issuance of the citation, the owner must
submit an affidavit setting forth information on the person who otherwise
had care, custody, or control or a police report showing the vehicle was
stolen; submission of a false affidavit is a misdemeanor of the second
degree
Illinois
92 Ill. Adm. Code
2520.755
no commercial entity that is the lessor of a vehicle pursuant to a written
lease agreement shall be liable for the violation during the lease if the
lessor provides a copy of the leasing agreement within 21 days after the
issue date of the notice of violation; the lease agreement must inform the
lessee of the lessee's responsibility for tolls
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
9 of 14
5/12/2016
Maine 29-A M.R.S.A. § 154
1) If a person other than the registered owner of the motor vehicle is
adjudicated criminally or civilly responsible for the failure to pay a toll, then
the registered owner is not liable under this subsection.
(2) If the registered owner of the motor vehicle is the lessor of motor
vehicles and at the time of the failure to pay an authority toll the motor
vehicle was in the possession of a lessee and the lessor provides the
authority with a copy of the lease agreement containing the information
required by Title 29-A, section 254, then the lessee, and not the lessor, is
liable under this subsection.
(3) If the motor vehicle is operated using a dealer or transporter
registration plate and at the time of the failure to pay the motor vehicle was
under the custody or control of a person other than the dealer or
transporter, and if the dealer or transporter provides the authority with the
name and address of the person who had custody or control over the
motor vehicle at the time of the failure to pay, then that person and not the
dealer or transporter is liable under this subsection.
(4) If a report that the motor vehicle was stolen is given to a law
enforcement officer or agency before the failure to pay occurs or within a
reasonable time after the registered owner becomes aware of the theft,
then the registered owner is not liable under this subsection.
Maryland
MD Code,
Transportation, § 21-
1414(g)
the registered owner may submit a notarized admission of responsibility by
another person, who will then be sent a notice of toll due; a lessor may
identify the lessee, and the lessee is responsible; if the vehicle has a
dealer or transporter registration plate and has a contract with another, the
dealer or transporter is not responsible; if the vehicle is reported as stolen,
the owner is not liable
Massachusetts
700 Code of
Massachusetts
Regulations 7.04
700 CMR 11.04
the registered owner is prima facie responsible unless the vehicle has
been reported to be stolen; the account holder to whom an electronic toll
collection device is assigned is prima facie responsible unless the owner
has reported the device stolen;
the registered owner is prima facie responsible unless the registered
owner of record is in the business of leasing or renting motor vehicles and
provides a copy of a contract document and information on the identity of
the
p
erson res
p
onsible
New Hampshire
N.H. Rev. Stat. §
236:31
The owner of a vehicle using a bridge or highway subject to a toll or
charge shall be responsible for payment of the toll and charges due, plus
any administrative fees the department assesses in accordance with its
rules, and to an order of suspension . . ., unless:
(a) The vehicle was taken without owner's consent. . . or was a stolen
vehicle at the time of the violation and the owner provides to the
department, or its designee, upon receipt of notice of a violation of this
section, a copy of a report of the unauthorized taking or theft made to a
law enforcement agency; or
(b) The vehicle was leased or rented to another person, and the owner
submits to the department, or its designee, a copy of the rental agreement,
lease, or other contract document covering the vehicle on the date of the
violation with the name and address of the renter or lessee clearly legible;
at which time the renter or lessee of the vehicle on the date of the violation
shall be deemed to be the owner of the vehicle for the purposes of this
section, and shall be subject to the notice and order of suspension. . . .
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
10 of 14
5/12/2016
New Jersey
N.J.S.A. 27:25A-21.3
N.J.S.A. 27:23-34.3
An owner of a vehicle who is a lessor of the vehicle used in violation of the
toll collection monitoring system regulations of the authority shall not be
liable for the violation of the regulations if the lessor submits to the
authority, in a timely manner, a copy of the rental agreement, lease or
other contract document covering that vehicle on the date of the violation,
with the name and address of the lessee clearly legible to the authority and
to the court having jurisdiction over the violation. If the lessor fails to
provide the information in a timely manner, the lessor shall be held liable
for the violation of the regulations.
The owner of a vehicle shall be liable if such vehicle was used or operated
by the operator with the express or implied permission of the owner.
New York
McK.Unconsol.Laws
§ 6816-b
McKinney's Public
Authorities Law §
2985
it is a valid defense to liability that the vehicle was reported to police as
stolen; a lessor is not responsible if the lessor sends a copy of the contract
for the vehicle within 30 days; the owner may maintain an action for
indemnification against the operator
North Carolina
N.C.G.S.A. § 136-
89.212
the registered owner is liable for paying the toll unless the registered
owner established the vehicle was in the care, custody, and control of
another person when it was driven on the turnpike project; sworn affidavit
required; the affidavit must be supported by written evidence such as an
insurance or police report if the vehicle was stolen
Oklahoma
47 Okl.St.Ann. § 11-
1401.2 B.11, 12
it is a valid defense to liability that the vehicle was reported to police as
stolen; owner ma
y
file an affidavit of nonliabilit
y
Texas
V.T.C.A.,
Transportation Code
§ 370.177(e), (f), (j);
§ 372.105(e), (f)
it is a defense to prosecution that the motor vehicle in question was stolen
if the theft was reported to appropriate law enforcement authorities;
if the vehicle has been leased, the owner must send a copy of the contract
document; the lessee will be billed;
it is a defense to prosecution that ownership of the vehicle was transferred
to another party, if written notice of the transfer was provided to the
department before the 30th day after the date of notice of nonpayment is
mailed
Virginia
VA Code Ann. § 46.2
-
819.1 F, H, I
§ 46.2-819.5 H, K
the registered owner may file an affidavit that the owner was not the driver
or may produce a certified copy of a police report showing the vehicle had
been reported stolen; a vehicle renting or leasing company may provide a
copy of the contract document or an affidavit identifying the renter or
lessee
Washington
RCWA 46.63.160
(5), (10)
the civil penalty and fees may be dismissed or reduced upon proof of
mitigating circumstances that include hospitalization, military deployment,
eviction, homelessness, death of the alleged violator or of an alleged
violator's immediate family member, failure to receive the toll bill due to an
incorrect address that has since been corrected, a prepaid electronic toll
account error that has since been corrected, and an error made by the
Department or an agent of the Department;
a rental car business may identify the name and known mailing address of
the individual driving or renting the vehicle when the toll was assessed or a
statement under oath and accompanied by a filed police report that the
vehicle was stolen
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
11 of 14
5/12/2016
ADDITIONAL FORMS OF SANCTION
Suspend
driving
privileges
Florida F.S.A. § 318.18
the court may direct the department to suspend for 60 days the driver's
license of a person who is convicted of 10 violations within a 36-month
period
[Note: A Miami Herald article says this is rarely used, as freezing vehicle
registration is "easier and more effective."
(http://www.miamiherald.com/news/local/community/miami-
dade/article30665103.html#stor
y
link=cp
y)
]
Illinois 625 ILCS 5/6-306.7
procedure: certified report from Illinois State Toll Highway Authority to
Secretary of State (report to include name, last known address, and
driver's license number); Secretary to notify person that driver's license will
be suspended at the end of a specified period unless paid or report was in
error; $20 filing fee to request an administrative hearing to contest an
impending suspension
the Authority must notify the violator failure to satisfy any fine or penalty
shall result in suspension of driving privileges, vehicle registration, or both
Massachusetts
700 Code of
Massachusetts
Regulations
7.04(5)(g),
7.03(12)(g),
11.07(7)(b)
if the fine is not paid or the violation appealed within 60 days, the violation
clerk notifies the vehicle owner and the Registrar of Motor Vehicles; the
Registrar shall not renew the license to operate the vehicle until notice
from the violation clerk the matter has been disposed of in accordance
with law; if the registered owner is a resident of another state, the
Registrar shall revoke the owner's right to operate in the Commonwealth
New Jersey N.J.S.A. 27:25A-21
In addition to any punishment or penalty. . ., every registration certificate
and every license certificate to drive motor vehicles may be suspended or
revoked and any person may be prohibited from obtaining a driver's
license or a registration certificate and the reciprocity privileges of a
nonresident may be suspended or revoked by the Director of the Division
of Motor Vehicles for a violation of any of the provisions of this section,
after due notice in writing of the proposed suspension, revocation or
prohibition and the ground thereof
Immobilize,
tow, or
impound
vehicle
Illinois
605 ILCS 10/10
92 Ill. Adm. Code
2520.750
statute authorizes a system of civil administrative adjudication to provide a
program of vehicle immobilization, tow, or impoundment if tolls for 5 or
more toll violations, fines, and fees not paid; the vehicle owner may
challenge those actions; the registered owner is to be notified if vehicle
was towed or impounded
Texas
V.T.C.A.,
Transportation Code
§ 372.112
a toll project entity, by order of its governing body, must have prohibited
operation of a motor vehicle on the toll project after the registered owner
has been finally determined to be a habitual violator (issued at least 2
written notices of nonpayment that contained 100 or more events of
nonpayment within 1 year, not paid and no appeal filed); law enforcement
officer who observes operation by a habitual violator prohibited from using
the toll project may direct impoundment; impoundment lasts until tolls are
paid or the owner is released from liability
Lien on the
vehicle
Kansas
KSA 68-2020
(continuing law)
the authority shall have a lien on the vehicle driven by such person for the
amount of the toll and may take and retain possession thereof until the
amount of the toll and all charges in connection with it shall have been
p
aid
Massachusetts
M.G.L.A. 91 App. § 1-
23
in addition to levying a fine of $100, the Authority has a lien upon the
vehicle driven by the person who failed or refused to pay the fine and may
take and retain possession of it until the tolls and charges have been paid
Note: A 2013 report from the American Association of Motor Vehicle Administrators (http://www.aamva.org/Suspended-and-Revoked-
Drivers-Working-Group/) concludes driver's license suspensions for violations not related to traffic safety are usually violated and
ineffective in achieving compliance.]
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
12 of 14
5/12/2016
Refuse title
North Carolina N.C.G.S.A. § 20-54
the Division shall refuse registration or issuance of a certificate of title or
any transfer or registration if the Authority has notified the Division that the
owner has not paid tolls, fees, and civil penalties the owner owes the
Authorit
y
for use of a Turnpike pro
j
ect
Publish names
of violators
Illinois 605 ILCS 10/10
the Authority may maintain a listing or searchable database on its website
of persons or entities that have been issued 1 or more final orders of
liability with a total amount due of more than $1,000 for tolls, fines, unpaid
late fees, or administrative costs that remain unpaid after the exhaustion of
judicial review procedures; each entry may include the person's or entity's
name as listed on the final order of liabilit
y
Texas
V.T.C.A,
Transportation Code,
§ 372.102
notwithstanding the confidentiality of electronic toll collection customer
account information, a toll project entity may publish a list of names of the
registered owners or lessees of nonpaying vehicles; the list may include
name, city and state of residence, total number of events of nonpayment,
and the total amount due for tolls and administrative fees
Refuse account
New Hampshire
N.H. Code Admin. R.
Tra 703.02
An individual or business shall be denied future E-ZPass account
privileges, if the department determines that:
(1) There has been a repeated failure to pay outstanding tolls and/or fees
due for violations or repeated breach of the account holder's obligations,
including, but not limited to, the following:
a. The department requests denial of registration renewal 3 or more times
by the division for all plates combined under the account holder's account
or in the registered vehicle owner's name;
b. The department requests denial of registration renewal 3 or more times
by the division for all plates combined under the account holder's name or
the registered vehicle owner's name; or
c. The account holder or the registered vehicle owner incurs 50 or more
violations that remain unpaid for 6 months or more; . . . .
OTHER COMMON PROVISIONS
Confidentiality
of information
Massachusetts
M.G.L.A. 91 App. § 1-
23
700 CMR 7.04, 11.07
the Authority and MassDOT shall maintain the confidentiality of all
information, including images and credit and account data; such
information shall not be a public record and shall be used for enforcement
purposes only with respect to toll collection
New Hampshire
N.H. Rev. Stat. §
263:56-f
The department, and any designee of the department, shall maintain the
confidentiality of all information acquired in connection with the
administration and enforcement of toll evasion, including but not limited to
credit and account data, photographs or other images, and all personally
identifying information obtained relative to owners of vehicles. Such
information shall not be a public record subject to disclosure under RSA 91
-
A and shall be used solely for enforcement of this section. . . . Nothing in
this section shall prevent access to the data collected in the administration
and enforcement of toll collection by a certified law enforcement officer
conducting an investigation undertaken pursuant to a court order, or in
exigent circumstances.
New Hampshire
N.H. Rev. Stat. §
237:16-e
Notwithstanding RSA 91-A or any other provision of law, all information
received by the department that could serve to identify vehicles, vehicle
owners, vehicle occupants, or account holders in any electronic toll
collection system in use in this state shall be for the exclusive use of the
department for the sole purpose of administering the electronic toll
collection system, and shall not be open to any other organization or
person, nor be used in any court in any action or proceeding, unless the
action or proceeding relates to the imposition of or indemnification for
liability pursuant to this subdivision.
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
13 of 14
5/12/2016
New Jersey N.J.S.A. 27:25A-21.3
a certified report of an employee or agent of the authority reporting a
violation of the toll collection monitoring system regulations and any
information obtained from a toll collection monitoring system shall be
available for the exclusive use of the authority and any law enforcement
official for the purposes of discharging their duties [pursuant to toll
violation statutes and regulations]. . . . Any such report or information shall
not be deemed a public record . . . . The certified reports and information .
. shall not be discoverable as a public record . . . except upon a subpoena
issued by a grand jury or a court order in a criminal matter, nor shall they
be offered in evidence in any civil or administrative proceeding
New York
McK.Unconsol.Laws
§ 6816-b
McKinney's Public
Authorities Law §
2985
all images shall be for the exclusive use of the authority in the discharge of
its duties and shall not be open to the public nor be used in court unless
the proceeding relates to toll violation; the authority shall not sell or make
available names and addresses or other account-holder information
without consent, except to other toll facility operators
North Carolina
N.C.G.S.A. § 136-
89.213
the Authority shall maintain the confidentiality of information including
financial information, transaction history, and information related to the
collection of a toll including recorded images and driver account
information
Oklahoma
47 Okl.St.Ann. § 11-
1401.2 B.15
any recorded image is for the exclusive use of the Authority and not open
to the public or may not be used in court except in a related action; the
Authority may not make available names and addresses of account
holders or Authority patrons without their permission
Texas
V.T.C.A,
Transportation Code,
§ 228.057(e),
366.178(b-1),
366.179(d),
370.177(m),
370.178(d
account information, including contact and payment information and trip
data, is confidential and not subject to disclosure under Chapter 552,
Government Code
Virginia
VA Code Ann. § 46.2
-
819.1 B, § 46.2-
819.3:1 B, § 46.2-
819.5 B
all data collected by a photo-monitoring system or automatic vehicle
identification system shall be used exclusively for the collection of unpaid
tolls and shall not be open to the public, sold or used for marketing
purposes, disclosed to any entity except for collection of unpaid tolls, or
used in court except for pursuing toll violations; this information may not be
kept longer than 30 days after the collection and reconciliation of any
unpaid tolls, fees, or penalties
Washington
RCWA 46.63.160
(6); 47.46.105 (2);
47.56.795 (2)
any recorded image is for the exclusive use of the Authority and not open
to the public or may not be used in court except in a related action; records
identifying a specific instance of travel by a specific person or vehicle must
be retained only as required to ensure payment and enforcement of tolls
and to comply with state records retention policies
State Laws on Collecting Unpaid Tolls
Kansas Legislative Research Department
14 of 14
5/12/2016
Reciprocal
enforcement
Maine
23 M.R.S.A. §§ 1980,
1964
The authority may enter into reciprocal collection arrangements with away
agencies in accordance with this subsection. When an away agency [a
tolling authority in a jurisdiction other than the State] certifies with
supporting evidence that the operator of a motor vehicle registered in this
State has failed to pay a toll, the authority may collect the civil penalties
and tolls properly imposed by the away agency as though those penalties
and tolls were imposed by the authority if:
A. The away agency has its own effective reciprocal procedures for
collecting penalties and tolls imposed by the authority and does, in fact,
reciprocate in collecting penalties and tolls of the authority by employing
sanctions that include denial of a person's right to register or reregister a
motor vehicle;
B. The penalties, exclusive of tolls, claimed by the away agency against an
owner of a motor vehicle registered in this State do not exceed $100 for a
first violation or $600 for all pending violations;
C. The away agency provides due process and appeal protections to avoid
the likelihood that a false, mistaken or unjustified claim will be pursued
against an owner;
D. An owner of a motor vehicle registered in this State may present
evidence to the away agency or to the authority by mail, telephone,
electronic means or other means to invoke rights of due process without
having to appear personally in the jurisdiction where the violation occurred;
and
E. The reciprocal collection arrangement between the authority and the
away agency provides that each party may charge the other a fee
sufficient to cover the costs of collection services, including costs incurred
by an agency that registers motor vehicles.
Maryland
MD Code,
Transportation, § 21-
1415
the Transportation Authority is authorized to enter into an agreement with
another jurisdiction for reciprocal enforcement of toll violations
North Carolina
N.C.G.S.A. § 136-
89.220
the Authority is authorized to enter into a reciprocal agreement with other
tolling jurisdictions to enforce toll violations; if the agreement meets certain
requirements, an unpaid toll, processing fee, or civil penalty in another
state may be enforced with a renewal block
Texas
V.T.C.A.,
Transportation Code
§ 372.114
if the violator whose vehicle is not registered in the state has met the
criteria to be termed a habitual violator, a toll project entity may seek
habitual violator remedies
Please notify KLRD of any omissions or errors, for correction.
The states reviewed were those identified by a representative of the Kansas Turnpike Authority as authorizing denial of registration
for failure to pay tolls.
Terms such as "Authority" and "DMV" above reflect each state's statutory language.
