{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-819.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-819.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-819.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-819.1.html"}],"law_id":54310,"edition_id":1,"section_id":54310,"structure_id":12876,"section_number":"46.2-819.1","catch_line":"Installation and use of photo-monitoring system or automatic vehicle identification system in conjunction with electronic or manual toll facilities; penalty","history":"1998, c. 802; 2001, cc. 803, 852; 2003, c. 768; 2004, c. 924; 2005, c. 862; 2006, c. 859; 2007, cc. 78, 200; 2010, c. 839; 2011, c. 736; 2016, c. 753; 2020, cc. 964, 965.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Automatic vehicle identification device” means an electronic device that communicates by wireless transmission with an automatic vehicle identification system.\n\t\t\t“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.\n\t\t\t“Debt collection” means the 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.\n\t\t\t“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.\n\t\t\t“Owner” means the registered owner of a vehicle on record with the Department of Motor Vehicles or with the equivalent agency in another state. “Owner” does not include a vehicle rental or vehicle leasing company.\n\t\t\t“Photo-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.B\n\nThe operator of any toll facility or the locality within which such toll facility is located may install and operate or cause to be installed and operated a photo-monitoring system or automatic vehicle identification system, or both, at locations where tolls are collected for the use of such toll facility. The operator of a toll facility shall send an invoice or bill for unpaid tolls to the owner of a vehicle as part of an electronic or manual toll collection process pursuant to § 46.2-819.6 prior to seeking remedies under this section.C\n\nInformation collected by a photo-monitoring system or automatic vehicle identification system installed and operated pursuant to subsection B shall be limited exclusively to that information that is necessary for the collection of unpaid tolls. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other 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 (i) be open to the public; (ii) be sold and\/or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the collection of unpaid tolls or to a vehicle owner or operator as part of a challenge to the imposition of a toll; and (iv) be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of this section or upon order from a court of competent jurisdiction. Information collected under this section shall be purged and not retained later than 30 days after the collection and reconciliation of any unpaid tolls, administrative fees, and\/or civil penalties. Any entity operating a photo-monitoring system or 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 1 misdemeanor. In addition to any fines or other penalties provided for by law, any money or other thing of value obtained as a result of a violation of this section shall be forfeited to the Commonwealth.\n\t\t\tThe toll facility operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. Such fee may be levied upon the operator of the vehicle after the first unpaid toll has been documented. The operator of the vehicle shall pay the unpaid toll and any administrative fee detailed in an invoice for the unpaid toll issued by a toll facility operator. If paid within 60 days of notification, the administrative fee shall not exceed $25.D\n\nIf the matter proceeds to court, the owner or operator of a vehicle shall be liable for a civil penalty as follows: for a first offense, $50; for a second offense within one year from the first offense, $100; for a third offense within two years from the second offense, $250; and for a fourth and any subsequent offense within three years from the second offense, $500 plus, in each case, the unpaid toll, all accrued administrative fees imposed by the toll facility operator, and applicable court costs if the vehicle is found, as evidenced by information obtained from a photo-monitoring system or automatic vehicle identification system as provided in this section, to have used such a toll facility without payment of the required toll.E\n\nNotwithstanding subsections C and D, for a first conviction of an operator or owner of a vehicle under this section, the total amount for the first conviction shall not exceed $2,200, including civil penalties and administrative fees regardless of the total number of offenses the operator or owner of a vehicle is convicted of on that date.F\n\nNo summons may be issued by a toll facility operator for a violation of this section unless the toll facility operator can demonstrate that (i) there was an attempt to collect the unpaid tolls and applicable administrative fees through debt collection not less than 30 days prior to issuance of the summons and (ii) 120 days have elapsed since the unpaid toll or, in a summons for multiple violations, 120 days have elapsed since the most recent unpaid toll noticed on the summons.G\n\nAny action under this section shall be brought in the general district court of the county or city in which the toll facility is located and shall be commenced within two years of the commission of the offense. Such action shall be considered a traffic infraction. The attorney for the Commonwealth may represent the interests of the toll facility operator. Any authorized agent or employee of a toll facility operator acting on behalf of a governmental entity shall be allowed the privileges accorded by § 16.1-88.03 in such cases.H\n\nProof of a violation of this section shall be evidenced by information obtained from a photo-monitoring system or automatic vehicle identification system as provided in this section. A certificate, sworn to or affirmed by a technician employed or authorized by the operator of a toll facility or by the locality wherein the toll facility is located, or a facsimile of such a certificate, based on inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo-monitoring system, or of electronic data collected by an automatic vehicle identification system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images or electronic data evidencing such a violation shall be available for 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 identification 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.I\n\nOn a form prescribed by the Supreme Court, a summons for a violation of this section may be executed as provided in § 19.2-76.2. A summons for a violation of this section may set forth multiple violations occurring within one jurisdiction. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section 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 this subsection, such named operator of the vehicle. Such summons shall be signed either originally or by electronic signature. If the summoned 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.\n\t\t\tUpon a finding by a court of competent jurisdiction that the vehicle described in the summons issued pursuant to this subsection 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 the Department of Transportation shall be remanded by the clerk of 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 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.\n\t\t\tThe owner of such vehicle shall be given reasonable notice by way of a summons as provided in this subsection 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. The 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 subsequent offense, as specified on the summons, provided the owner actually pays to the toll facility operator the entire amount so calculated at least 14 days prior to the hearing date specified on the summons. If the owner accepts such offer and such amount is actually received by the toll facility operator at least 14 days prior to the hearing date specified on the summons, the toll facility operator shall move the court at least five business days prior to the date set for trial to dismiss the summons issued to the owner of the vehicle, and the court shall dismiss upon such motion.\n\t\t\tIt shall be prima facie evidence that the vehicle described in the summons issued pursuant to this subsection was operated in violation of this section. Records obtained from the Department of Motor Vehicles pursuant to § 46.2-208 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.\n\t\t\tUpon either (i) the filing of an affidavit with the toll facility operator within 14 days of receipt of an invoice for an unpaid toll from the toll facility operator or (ii) the filing of an affidavit with the court at least 14 days prior to the hearing date by the owner of the vehicle stating that he 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 and\/or summons, as appropriate, will also be issued to the alleged operator of the vehicle at the time of the offense.\n\t\t\tIn 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.\n\t\t\tIf the owner of the vehicle produces for the toll facility operator or the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense and remained stolen at the time of the alleged offense, then the toll facility operator shall not pursue the owner for the unpaid toll and, if a summons has been issued, the court shall dismiss the summons issued to the owner of the vehicle.J\n\nUpon 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, the court 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 state where the vehicle is registered of such payment. 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 I 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 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. Such funds representing payment of unpaid tolls and all administrative fees of the toll facility operator shall be transferred from the court to the Department of Transportation’s Toll Facilities Revolving Account or, in the case of an action initiated by an operator of a toll facility other than the Department of Transportation, to the treasurer or director of finance of the county or city in which the violation occurred for payment to the toll facility operator. The Commissioner shall collect a $40 administrative fee from the owner or operator of the vehicle to defray the cost of processing and removing an order to deny registration or registration renewal.K\n\nAny vehicle rental or vehicle leasing company, if it receives an invoice or is named in a summons, shall be released as a party to the action if it provides the operator of the toll facility a copy of the vehicle rental agreement or lease or an affidavit identifying the renter or lessee within 30 days of receipt of the invoice or at least 14 days prior to the date of hearing set forth in the summons. Upon receipt of such rental agreement, lease, or affidavit, a notice shall be mailed to the renter or lessee identified therein. 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 Act (§ 38.2-600 et seq.). The toll facility operator shall allow at least 30 days from the date of such 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 agreement, lease, or affidavit was operating the vehicle at all the relevant times relating to the matter named in the summons.L\n\nImposition 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.M\n\nThe operator of a toll facility may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the owners of vehicles that fail to pay tolls required for the use of toll facilities and with the Department of Transportation to obtain any information that is necessary to conduct electronic toll collection. Such agreement may include any information that may be obtained by the Department of Motor Vehicles in accordance with any agreement entered into pursuant to § 46.2-819.9. Information provided to the operator of a toll facility shall only be used for the collection of unpaid tolls and the operator of the toll facility shall be subject to the same conditions and penalties regarding release of the information as contained in subsection C.N\n\nNo person shall be subject to both the provisions of this section and to prosecution under § 46.2-819 for actions arising out of the same transaction or occurrence.","order_by":null,"text":{"0":{"id":199373,"text":"For purposes of this section:\n\t\t\t“Automatic vehicle identification device” means an electronic device that communicates by wireless transmission with an automatic vehicle identification system.\n\t\t\t“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.\n\t\t\t“Debt collection” means the 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.\n\t\t\t“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.\n\t\t\t“Owner” means the registered owner of a vehicle on record with the Department of Motor Vehicles or with the equivalent agency in another state. “Owner” does not include a vehicle rental or vehicle leasing company.\n\t\t\t“Photo-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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199374,"text":"The operator of any toll facility or the locality within which such toll facility is located may install and operate or cause to be installed and operated a photo-monitoring system or automatic vehicle identification system, or both, at locations where tolls are collected for the use of such toll facility. The operator of a toll facility shall send an invoice or bill for unpaid tolls to the owner of a vehicle as part of an electronic or manual toll collection process pursuant to § 46.2-819.6 prior to seeking remedies under this section.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":199375,"text":"Information collected by a photo-monitoring system or automatic vehicle identification system installed and operated pursuant to subsection B shall be limited exclusively to that information that is necessary for the collection of unpaid tolls. Notwithstanding any other provision of law, all photographs, microphotographs, electronic images, or other 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 (i) be open to the public; (ii) be sold and\/or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the collection of unpaid tolls or to a vehicle owner or operator as part of a challenge to the imposition of a toll; and (iv) be used in a court in a pending action or proceeding unless the action or proceeding relates to a violation of this section or upon order from a court of competent jurisdiction. Information collected under this section shall be purged and not retained later than 30 days after the collection and reconciliation of any unpaid tolls, administrative fees, and\/or civil penalties. Any entity operating a photo-monitoring system or 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 1 misdemeanor. In addition to any fines or other penalties provided for by law, any money or other thing of value obtained as a result of a violation of this section shall be forfeited to the Commonwealth.\n\t\t\tThe toll facility operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. Such fee may be levied upon the operator of the vehicle after the first unpaid toll has been documented. The operator of the vehicle shall pay the unpaid toll and any administrative fee detailed in an invoice for the unpaid toll issued by a toll facility operator. If paid within 60 days of notification, the administrative fee shall not exceed $25.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":199376,"text":"If the matter proceeds to court, the owner or operator of a vehicle shall be liable for a civil penalty as follows: for a first offense, $50; for a second offense within one year from the first offense, $100; for a third offense within two years from the second offense, $250; and for a fourth and any subsequent offense within three years from the second offense, $500 plus, in each case, the unpaid toll, all accrued administrative fees imposed by the toll facility operator, and applicable court costs if the vehicle is found, as evidenced by information obtained from a photo-monitoring system or automatic vehicle identification system as provided in this section, to have used such a toll facility without payment of the required toll.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":199377,"text":"Notwithstanding subsections C and D, for a first conviction of an operator or owner of a vehicle under this section, the total amount for the first conviction shall not exceed $2,200, including civil penalties and administrative fees regardless of the total number of offenses the operator or owner of a vehicle is convicted of on that date.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":199378,"text":"No summons may be issued by a toll facility operator for a violation of this section unless the toll facility operator can demonstrate that (i) there was an attempt to collect the unpaid tolls and applicable administrative fees through debt collection not less than 30 days prior to issuance of the summons and (ii) 120 days have elapsed since the unpaid toll or, in a summons for multiple violations, 120 days have elapsed since the most recent unpaid toll noticed on the summons.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":199379,"text":"Any action under this section shall be brought in the general district court of the county or city in which the toll facility is located and shall be commenced within two years of the commission of the offense. Such action shall be considered a traffic infraction. The attorney for the Commonwealth may represent the interests of the toll facility operator. Any authorized agent or employee of a toll facility operator acting on behalf of a governmental entity shall be allowed the privileges accorded by § 16.1-88.03 in such cases.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":199380,"text":"Proof of a violation of this section shall be evidenced by information obtained from a photo-monitoring system or automatic vehicle identification system as provided in this section. A certificate, sworn to or affirmed by a technician employed or authorized by the operator of a toll facility or by the locality wherein the toll facility is located, or a facsimile of such a certificate, based on inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo-monitoring system, or of electronic data collected by an automatic vehicle identification system, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape, or other recorded images or electronic data evidencing such a violation shall be available for 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 identification 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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":199381,"text":"On a form prescribed by the Supreme Court, a summons for a violation of this section may be executed as provided in § 19.2-76.2. A summons for a violation of this section may set forth multiple violations occurring within one jurisdiction. Notwithstanding the provisions of § 19.2-76, a summons for a violation of this section 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 this subsection, such named operator of the vehicle. Such summons shall be signed either originally or by electronic signature. If the summoned 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.\n\t\t\tUpon a finding by a court of competent jurisdiction that the vehicle described in the summons issued pursuant to this subsection 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 the Department of Transportation shall be remanded by the clerk of 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 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.\n\t\t\tThe owner of such vehicle shall be given reasonable notice by way of a summons as provided in this subsection 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. The 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 subsequent offense, as specified on the summons, provided the owner actually pays to the toll facility operator the entire amount so calculated at least 14 days prior to the hearing date specified on the summons. If the owner accepts such offer and such amount is actually received by the toll facility operator at least 14 days prior to the hearing date specified on the summons, the toll facility operator shall move the court at least five business days prior to the date set for trial to dismiss the summons issued to the owner of the vehicle, and the court shall dismiss upon such motion.\n\t\t\tIt shall be prima facie evidence that the vehicle described in the summons issued pursuant to this subsection was operated in violation of this section. Records obtained from the Department of Motor Vehicles pursuant to § 46.2-208 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.\n\t\t\tUpon either (i) the filing of an affidavit with the toll facility operator within 14 days of receipt of an invoice for an unpaid toll from the toll facility operator or (ii) the filing of an affidavit with the court at least 14 days prior to the hearing date by the owner of the vehicle stating that he 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 and\/or summons, as appropriate, will also be issued to the alleged operator of the vehicle at the time of the offense.\n\t\t\tIn 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.\n\t\t\tIf the owner of the vehicle produces for the toll facility operator or the court a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense and remained stolen at the time of the alleged offense, then the toll facility operator shall not pursue the owner for the unpaid toll and, if a summons has been issued, the court shall dismiss the summons issued to the owner of the vehicle.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":199382,"text":"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, the court 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 state where the vehicle is registered of such payment. 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 I 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 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. Such funds representing payment of unpaid tolls and all administrative fees of the toll facility operator shall be transferred from the court to the Department of Transportation’s Toll Facilities Revolving Account or, in the case of an action initiated by an operator of a toll facility other than the Department of Transportation, to the treasurer or director of finance of the county or city in which the violation occurred for payment to the toll facility operator. The Commissioner shall collect a $40 administrative fee from the owner or operator of the vehicle to defray the cost of processing and removing an order to deny registration or registration renewal.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":199383,"text":"Any vehicle rental or vehicle leasing company, if it receives an invoice or is named in a summons, shall be released as a party to the action if it provides the operator of the toll facility a copy of the vehicle rental agreement or lease or an affidavit identifying the renter or lessee within 30 days of receipt of the invoice or at least 14 days prior to the date of hearing set forth in the summons. Upon receipt of such rental agreement, lease, or affidavit, a notice shall be mailed to the renter or lessee identified therein. 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 Act (§ 38.2-600 et seq.). The toll facility operator shall allow at least 30 days from the date of such 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 agreement, lease, or affidavit was operating the vehicle at all the relevant times relating to the matter named in the summons.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":199384,"text":"Imposition 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.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"12":{"id":199385,"text":"The operator of a toll facility may enter into an agreement with the Department of Motor Vehicles, in accordance with the provisions of subdivision B 21 of § 46.2-208, to obtain vehicle owner information regarding the owners of vehicles that fail to pay tolls required for the use of toll facilities and with the Department of Transportation to obtain any information that is necessary to conduct electronic toll collection. Such agreement may include any information that may be obtained by the Department of Motor Vehicles in accordance with any agreement entered into pursuant to § 46.2-819.9. Information provided to the operator of a toll facility shall only be used for the collection of unpaid tolls and the operator of the toll facility shall be subject to the same conditions and penalties regarding release of the information as contained in subsection C.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"13":{"id":199386,"text":"No person shall be subject to both the provisions of this section and to prosecution under § 46.2-819 for actions arising out of the same transaction or occurrence.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M"}},"ancestry":[{"id":12876,"edition_id":1,"name":"Toll Violations and Enforcement","identifier":"1.1","label":"article","depth":4,"order_by":1,"parent_id":12875,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230317,"object_type":"structure","relational_id":12876,"identifier":"1.1","token":"46.2\/III\/8\/1.1","url":"\/46.2\/III\/8\/1.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12875,"edition_id":1,"name":"Regulation of Traffic","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:58","date_modified":"2026-06-26 03:43:58","permalink":{"id":230189,"object_type":"structure","relational_id":12875,"identifier":"8","token":"46.2\/III\/8","url":"\/46.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61262,"structure_id":12876,"section_number":"46.2-819","catch_line":"Use of toll facility without payment of toll; circumstances to be considered in assessing penalty","url":"\/46.2-819\/","token":"46.2\/III\/8\/1.1\/46.2-819","metadata":false},{"id":54310,"structure_id":12876,"section_number":"46.2-819.1","catch_line":"Installation and use of photo-monitoring system or automatic vehicle identification system in conjunction with electronic or manual toll facilities; penalty","url":"\/46.2-819.1\/","token":"46.2\/III\/8\/1.1\/46.2-819.1","metadata":false},{"id":62069,"structure_id":12876,"section_number":"46.2-819.10","catch_line":"Withholding of vehicle registration for enforcement of out-of-state toll violations","url":"\/46.2-819.10\/","token":"46.2\/III\/8\/1.1\/46.2-819.10","metadata":false},{"id":54005,"structure_id":12876,"section_number":"46.2-819.2","catch_line":"Driving a motor vehicle from establishment where motor fuel offered for sale; penalty","url":"\/46.2-819.2\/","token":"46.2\/III\/8\/1.1\/46.2-819.2","metadata":false},{"id":57137,"structure_id":12876,"section_number":"46.2-819.3","catch_line":"Use of toll facility without payment of toll; enforcement; penalty","url":"\/46.2-819.3\/","token":"46.2\/III\/8\/1.1\/46.2-819.3","metadata":false},{"id":54468,"structure_id":12876,"section_number":"46.2-819.3:1","catch_line":"Installation and use of video-monitoring system and automatic vehicle identification system in conjunction with all-electronic toll facilities; penalty","url":"\/46.2-819.3_1\/","token":"46.2\/III\/8\/1.1\/46.2-819.3_1","metadata":false},{"id":73130,"structure_id":12876,"section_number":"46.2-819.4","catch_line":"Smoking in proximity to gas pumps; penalty","url":"\/46.2-819.4\/","token":"46.2\/III\/8\/1.1\/46.2-819.4","metadata":false},{"id":67197,"structure_id":12876,"section_number":"46.2-819.5","catch_line":"Enforcement through use of photo-monitoring system or automatic vehicle identification system in conjunction with usage of Dulles Access Highway","url":"\/46.2-819.5\/","token":"46.2\/III\/8\/1.1\/46.2-819.5","metadata":false},{"id":55410,"structure_id":12876,"section_number":"46.2-819.6","catch_line":"Invoice for unpaid toll","url":"\/46.2-819.6\/","token":"46.2\/III\/8\/1.1\/46.2-819.6","metadata":false},{"id":79707,"structure_id":12876,"section_number":"46.2-819.7","catch_line":"Repealed","url":"\/46.2-819.7\/","token":"46.2\/III\/8\/1.1\/46.2-819.7","metadata":false},{"id":67355,"structure_id":12876,"section_number":"46.2-819.8","catch_line":"Toll grace period","url":"\/46.2-819.8\/","token":"46.2\/III\/8\/1.1\/46.2-819.8","metadata":false},{"id":80400,"structure_id":12876,"section_number":"46.2-819.9","catch_line":"Agreements for enforcement of tolling violations against nonresidents","url":"\/46.2-819.9\/","token":"46.2\/III\/8\/1.1\/46.2-819.9","metadata":false}],"previous_section":{"id":61262,"structure_id":12876,"section_number":"46.2-819","catch_line":"Use of toll facility without payment of toll; circumstances to be considered in assessing penalty","url":"\/46.2-819\/","token":"46.2\/III\/8\/1.1\/46.2-819","metadata":false},"next_section":{"id":62069,"structure_id":12876,"section_number":"46.2-819.10","catch_line":"Withholding of vehicle registration for enforcement of out-of-state toll violations","url":"\/46.2-819.10\/","token":"46.2\/III\/8\/1.1\/46.2-819.10","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-819.1\/","history_text":"

This law was first created in 1998. The record of its establishment is cataloged in chapter 802<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 10 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2001, chapters 803<\/a> and 852<\/a>; in 2003, chapter 768<\/a>; in 2004, chapter 924<\/a>; in 2005, chapter 862<\/a>; in 2006, chapter 859<\/a>; in 2007, chapters 78<\/a> and 200<\/a>; in 2010, chapter 839<\/a>; in 2011, chapter 736<\/a>; in 2016, chapter 753<\/a>; in 2020, chapters 964<\/a> and 965<\/a>.<\/p>","references":[{"id":54759,"section_number":"33.2-503","catch_line":"HOT lanes enforcement","order_by":null,"url":"\/33.2-503\/"},{"id":82578,"section_number":"33.2-505","catch_line":"Exclusion of HOT lanes from certain other laws","order_by":null,"url":"\/33.2-505\/"},{"id":59691,"section_number":"46.2-208","catch_line":"Records of Department; when open for inspection; release of privileged information","order_by":null,"url":"\/46.2-208\/"},{"id":82784,"section_number":"46.2-646.2","catch_line":"Registration extension for satisfaction of certain requirements","order_by":null,"url":"\/46.2-646.2\/"},{"id":61262,"section_number":"46.2-819","catch_line":"Use of toll facility without payment of toll; circumstances to be considered in assessing penalty","order_by":null,"url":"\/46.2-819\/"},{"id":55410,"section_number":"46.2-819.6","catch_line":"Invoice for unpaid toll","order_by":null,"url":"\/46.2-819.6\/"},{"id":67355,"section_number":"46.2-819.8","catch_line":"Toll grace period","order_by":null,"url":"\/46.2-819.8\/"}],"refers_to":[{"id":81566,"section_number":"16.1-88.03","catch_line":"Pleadings and other papers by certain parties not represented by attorneys","order_by":null,"url":"\/16.1-88.03\/"},{"id":80529,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","order_by":null,"url":"\/19.2-76\/"},{"id":66460,"section_number":"19.2-76.2","catch_line":"Mailing of summons in certain cases","order_by":null,"url":"\/19.2-76.2\/"},{"id":83631,"section_number":"19.2-76.3","catch_line":"Failure to appear on return date for summons issued under \u00a7 19.2-76.2","order_by":null,"url":"\/19.2-76.3\/"},{"id":69409,"section_number":"2.2-3800","catch_line":"Short title; findings; principles of information practice","order_by":null,"url":"\/2.2-3800\/"},{"id":64742,"section_number":"38.2-600","catch_line":"Purposes","order_by":null,"url":"\/38.2-600\/"},{"id":59691,"section_number":"46.2-208","catch_line":"Records of Department; when open for inspection; release of privileged information","order_by":null,"url":"\/46.2-208\/"},{"id":63300,"section_number":"46.2-215","catch_line":"Certification of certain records and admissibility in evidence","order_by":null,"url":"\/46.2-215\/"},{"id":61262,"section_number":"46.2-819","catch_line":"Use of toll facility without payment of toll; circumstances to be considered in assessing penalty","order_by":null,"url":"\/46.2-819\/"},{"id":55410,"section_number":"46.2-819.6","catch_line":"Invoice for unpaid toll","order_by":null,"url":"\/46.2-819.6\/"},{"id":80400,"section_number":"46.2-819.9","catch_line":"Agreements for enforcement of tolling violations against nonresidents","order_by":null,"url":"\/46.2-819.9\/"}],"permalink":{"id":230323,"object_type":"law","relational_id":54310,"identifier":"46.2-819.1","token":"46.2\/III\/8\/1.1\/46.2-819.1","url":"\/46.2-819.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-819.1\/","token":"46.2\/III\/8\/1.1\/46.2-819.1","dublin_core":{"Title":"Installation and use of photo-monitoring system or automatic vehicle identification system in conjunction with electronic or manual toll facilities; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-819.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Automatic vehicle identification device<\/span>” means an electronic device that communicates by wireless transmission with an automatic vehicle identification system<\/span>.\n\t\t\t“Automatic vehicle identification system<\/span>” 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<\/span> that uses a toll facility.\n\t\t\t“Debt collection<\/span>” means the collection of unpaid tolls and applicable administrative fees by (i) retention of a third-party<\/span> debt collector or (ii) collection practices undertaken by employees of a toll facility operator that are materially similar to a third-party<\/span> debt collector.\n\t\t\t“Operator of a toll facility other than the Department of Transportation<\/span>” means any agency, political subdivision, authority, or other entity that operates a toll facility.\n\t\t\t“Owner<\/span>” means the registered owner<\/span> of a vehicle on record with the Department of Motor Vehicles<\/span> or with the equivalent agency in another state. “Owner<\/span>” does not include a vehicle rental or vehicle leasing company.\n\t\t\t“Photo-monitoring system<\/span>” 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The operator of any toll facility or the locality within which such toll facility is located may install and operate or cause to be installed and operated a photo-monitoring system<\/span> or automatic vehicle identification system<\/span>, or both, at locations where tolls are collected for the use of such toll facility. The operator of a toll facility shall send an invoice or bill for unpaid tolls to the owner<\/span> of a vehicle as part of an electronic or manual toll collection process pursuant to § 46.2-819.6<\/a> prior to seeking remedies under this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Information collected by a photo-monitoring system<\/span> or automatic vehicle identification system<\/span> installed and operated pursuant to subsection B shall be limited exclusively to that information that is necessary for the collection of unpaid tolls. Notwithstanding any other provision of law<\/span>, all photographs, microphotographs, electronic images, or other data collected by a photo-monitoring system<\/span> or automatic vehicle identification system<\/span> shall be used exclusively for the collection of unpaid tolls and shall not (i) be open to the public; (ii) be sold and\/or used for sales, solicitation, or marketing purposes; (iii) be disclosed to any other entity except as may be necessary for the collection of unpaid tolls or to a vehicle owner<\/span> or operator as part of a challenge to the imposition of a toll; and (iv) be used in a court<\/span> in a pending action or proceeding unless the action or proceeding relates to a violation of this section or upon order<\/span> from a court<\/span> of competent jurisdiction<\/span>. Information collected under this section shall be purged and not retained later than 30 days after the collection and reconciliation of any unpaid tolls, administrative fees, and\/or civil penalties. Any entity operating a photo-monitoring system<\/span> or automatic vehicle identification system<\/span> shall annually certify compliance with this section and make all records pertaining to such system available for inspection and audit by the Commissioner<\/span> of Highways<\/span><\/span> or the Commissioner<\/span> of the Department of Motor Vehicles<\/span> or their designee. Any violation of this subsection shall constitute a Class 1 misdemeanor<\/span>. In addition to any fines or other penalties provided for by law<\/span>, any money or other thing of value obtained as a result of a violation of this section shall be forfeited to the Commonwealth.\n\t\t\tThe toll facility operator may impose and collect an administrative fee in addition to the unpaid toll so as to recover the expenses of collecting the unpaid toll, which administrative fee shall be reasonably related to the actual cost of collecting the unpaid toll and not exceed $100 per violation. Such fee may be levied upon the operator of the vehicle after the first unpaid toll has been documented. The operator of the vehicle shall pay the unpaid toll and any administrative fee detailed in an invoice for the unpaid toll issued by a toll facility operator. If paid within 60 days of notification, the administrative fee shall not exceed $25. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the matter proceeds to court<\/span>, the owner<\/span> or operator of a vehicle shall be liable for a civil penalty<\/span> as follows: for a first offense<\/span>, $50; for a second offense<\/span> within one year from the first offense<\/span>, $100; for a third offense<\/span> within two years from the second offense<\/span>, $250; and for a fourth and any subsequent offense<\/span> within three years from the second offense<\/span>, $500 plus, in each case, the unpaid toll, all accrued administrative fees imposed by the toll facility operator, and applicable court<\/span> costs if the vehicle is found, as evidenced by information obtained from a photo-monitoring system<\/span> or automatic vehicle identification system<\/span> as provided in this section, to have used such a toll facility without payment of the required toll. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Notwithstanding subsections C and D, for a first conviction<\/span> of an operator or owner<\/span> of a vehicle under this section, the total amount for the first conviction<\/span> shall not exceed $2,200, including civil penalties and administrative fees regardless of the total number of offenses<\/span> the operator or owner<\/span> of a vehicle is convicted of on that date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> No summons<\/span> may be issued by a toll facility operator for a violation of this section unless the toll facility operator can demonstrate that (i) there was an attempt to collect the unpaid tolls and applicable administrative fees through debt collection<\/span> not less than 30 days prior to issuance of the summons<\/span> and (ii) 120 days have elapsed since the unpaid toll or, in a summons<\/span> for multiple violations, 120 days have elapsed since the most recent unpaid toll noticed on the summons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any action under this section shall be brought in the general district court<\/span> of the county or city in which the toll facility is located and shall be commenced within two years of the commission<\/span> of the offense<\/span>. Such action shall be considered a traffic infraction<\/span>. The attorney for the Commonwealth may represent the interests of the toll facility operator. Any authorized agent<\/span> or employee of a toll facility operator acting on behalf of a governmental entity shall be allowed the privileges<\/span> accorded by § 16.1-88.03<\/a> in such cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Proof of a violation of this section shall be evidenced by information obtained from a photo-monitoring system<\/span> or automatic vehicle identification system<\/span> as provided in this section. A certificate, sworn to or affirmed<\/span> by a technician employed or authorized by the operator of a toll facility or by the locality wherein the toll facility is located, or a facsimile of such a certificate, based on inspection of photographs, microphotographs, videotapes, or other recorded images produced by a photo-monitoring system<\/span>, or of electronic data collected by an automatic vehicle identification system<\/span>, shall be prima facie evidence<\/span> of the facts<\/span> contained therein. Any photographs, microphotographs, videotape, or other recorded images or electronic data evidencing such a violation shall be available for inspection in any proceeding to adjudicate<\/span> the liability for such violation under this section. A record of communication by an automatic vehicle identification device<\/span> with the automatic vehicle identification system<\/span> at the time of a violation of this section shall be prima facie evidence<\/span> that the automatic vehicle identification device<\/span> was located in the vehicle registered to use such device in the records of the Department of Transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> On a form prescribed by the Supreme Court<\/span>, a summons<\/span> for a violation of this section may be executed as provided in § 19.2-76.2<\/a>. A summons<\/span> for a violation of this section may set forth multiple violations occurring within one jurisdiction<\/span>. Notwithstanding the provisions of § 19.2-76<\/a>, a summons<\/span> for a violation of this section may be executed by mailing by first-class mail a copy thereof to the address of the owner<\/span> or, if the owner<\/span> has named and provided a valid address for the operator of the vehicle at the time of the violation in an affidavit<\/span> executed pursuant to this subsection, such named operator of the vehicle. Such summons<\/span> shall be signed either originally or by electronic signature. If the summoned person fails to appear on the date of return set out in the summons<\/span> mailed pursuant to this section, the summons<\/span> shall be executed in the manner set out in § 19.2-76.3<\/a>.\n\t\t\tUpon a finding<\/span> by a court<\/span> of competent jurisdiction<\/span> that the vehicle described in the summons<\/span> issued pursuant to this subsection was in violation of this section, the court<\/span> shall impose a civil penalty<\/span> upon the owner<\/span> or operator of such vehicle in accordance with the amounts specified in subsection D, together with applicable court<\/span> costs, the operator’s administrative fee, and the toll due. Penalties assessed as the result of action initiated by the Department of Transportation shall be remanded by the clerk of the court<\/span> 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<\/span> shall be remanded by the clerk of the court<\/span> 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.\n\t\t\tThe owner<\/span> of such vehicle shall be given reasonable notice by way of a summons<\/span> as provided in this subsection that his vehicle had been used in violation of this section, and such owner<\/span> shall be given notice of the time and place of the hearing<\/span> as well as the civil penalty<\/span> and costs for such offense<\/span>. The toll facility operator may offer to the owner<\/span> an option to pay the unpaid toll and fees plus a reduced civil penalty<\/span> of $25 for a first or second offense<\/span> or $50 for a third, fourth, or subsequent offense<\/span>, as specified on the summons<\/span>, provided the owner<\/span> actually pays to the toll facility operator the entire amount so calculated at least 14 days prior to the hearing<\/span> date specified on the summons<\/span>. If the owner<\/span> accepts such offer and such amount is actually received by the toll facility operator at least 14 days prior to the hearing<\/span> date specified on the summons<\/span>, the toll facility operator shall move the court<\/span> at least five business days prior to the date set for trial<\/span> to dismiss the summons<\/span> issued to the owner<\/span> of the vehicle, and the court<\/span> shall dismiss upon such motion<\/span>.\n\t\t\tIt shall be prima facie evidence<\/span> that the vehicle described in the summons<\/span> issued pursuant to this subsection was operated in violation of this section. Records obtained from the Department of Motor Vehicles<\/span> pursuant to § 46.2-208<\/a> and certified in accordance with § 46.2-215<\/a> 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<\/span> of such vehicle shall give rise to a rebuttable presumption<\/span> that the owner<\/span> of the vehicle is the person named in the summons<\/span>.\n\t\t\tUpon either (i) the filing of an affidavit<\/span> with the toll facility operator within 14 days of receipt of an invoice for an unpaid toll from the toll facility operator or (ii) the filing of an affidavit<\/span> with the court<\/span> at least 14 days prior to the hearing<\/span> date by the owner<\/span> of the vehicle stating that he 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 and\/or summons<\/span>, as appropriate, will also be issued to the alleged operator of the vehicle at the time of the offense<\/span>.\n\t\t\tIn any action against a vehicle operator, an affidavit<\/span> made by the owner<\/span> providing the name and address of the vehicle operator at the time of the violation shall constitute prima facie evidence<\/span> that the person named in the affidavit<\/span> was operating the vehicle at all the relevant times relating to the matter named in the affidavit<\/span>.\n\t\t\tIf the owner<\/span> of the vehicle produces for the toll facility operator or the court<\/span> a certified copy of a police report showing that the vehicle had been reported to the police as stolen prior to the time of the alleged offense<\/span> and remained stolen at the time of the alleged offense<\/span>, then the toll facility operator shall not pursue the owner<\/span> for the unpaid toll and, if a summons<\/span> has been issued, the court<\/span> shall dismiss the summons<\/span> issued to the owner<\/span> of the vehicle. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Upon a finding<\/span> by a court<\/span> that a person has two or more unpaid tolls and such person fails to pay the required penalties, fees, and unpaid tolls, the court<\/span> shall notify the Commissioner<\/span> of the Department of Motor Vehicles<\/span>, who shall refuse to issue<\/span> or renew any vehicle registration certificate of any applicant or the license plate<\/span> issued for the vehicle driven in the commission<\/span> of the offense<\/span> 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<\/a>, who shall provide to the entity authorized to issue<\/span> vehicle registration certificates or license plates<\/span> in the state in which the vehicle is registered sufficient evidence<\/span> of the court<\/span>’s finding<\/span> to take action against the vehicle registration certificate or license plates<\/span> in accordance with the terms of the agreement, until the court<\/span> has notified the Commissioner<\/span> that such penalties, fees, and unpaid tolls have been paid. Upon receipt of such notification from the court<\/span>, the Commissioner<\/span> of the Department of Motor Vehicles<\/span> shall notify the state where the vehicle is registered of such payment. If it is proven that the vehicle owner<\/span> was not the operator at the time of the offense<\/span> and upon a finding<\/span> by a court<\/span> that the person identified in an affidavit<\/span> pursuant to subsection I as the operator violated this section and such person fails to pay the required penalties, fees, and unpaid tolls, the court<\/span> shall notify the Commissioner<\/span>, who shall refuse to issue<\/span> or renew any vehicle registration certificate of any applicant or the license plate<\/span> 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<\/a>, who shall provide to the entity authorized to issue<\/span> vehicle registration certificates or license plates<\/span> in the state in which the vehicle is registered sufficient evidence<\/span> of the court<\/span>’s finding<\/span> to take action against the vehicle registration certificate or license plates<\/span> in accordance with the terms of the agreement, until the court<\/span> has notified the Commissioner<\/span> that such penalties, fees, and unpaid tolls have been paid. Upon receipt of such notification from the court<\/span>, the Commissioner<\/span> of the Department of Motor Vehicles<\/span> shall notify the state where the vehicle is registered of such payment. Such funds representing payment of unpaid tolls and all administrative fees of the toll facility operator shall be transferred from the court<\/span> to the Department of Transportation’s Toll Facilities Revolving Account or, in the case of an action initiated by an operator of a toll facility other than the Department of Transportation<\/span>, to the treasurer or director of finance of the county or city in which the violation occurred for payment to the toll facility operator. The Commissioner<\/span> shall collect a $40 administrative fee from the owner<\/span> or operator of the vehicle to defray the cost of processing and removing an order<\/span> to deny registration or registration renewal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Any vehicle rental or vehicle leasing company, if it receives an invoice or is named in a summons<\/span>, shall be released as a party<\/span> to the action if it provides the operator of the toll facility a copy of the vehicle rental agreement or lease or an affidavit<\/span> identifying the renter or lessee within 30 days of receipt of the invoice or at least 14 days prior to the date of hearing<\/span> set forth in the summons<\/span>. Upon receipt of such rental agreement, lease, or affidavit<\/span>, a notice shall be mailed to the renter or lessee identified therein. 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<\/a> et seq.) or the Insurance Information and Privacy Protection Act (§ 38.2-600<\/a> et seq.). The toll facility operator shall allow at least 30 days from the date of such 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<\/span> identifying the renter or lessee of the vehicle at the time of the violation is prima facie evidence<\/span> that the person named in the rental agreement, lease, or affidavit<\/span> was operating the vehicle at all the relevant times relating to the matter named in the summons<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Imposition of a civil penalty<\/span> pursuant to this section shall not be deemed a conviction<\/span> as an operator and shall not be made part of the driving record of the person upon whom such civil penalty<\/span> is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle<\/span> insurance coverage. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> The operator of a toll facility may enter into an agreement with the Department of Motor Vehicles<\/span>, in accordance with the provisions of subdivision B 21 of § 46.2-208<\/a>, to obtain vehicle owner<\/span> information regarding the owners<\/span> of vehicles that fail to pay tolls required for the use of toll facilities and with the Department of Transportation to obtain any information that is necessary to conduct electronic toll collection. Such agreement may include any information that may be obtained by the Department of Motor Vehicles<\/span> in accordance with any agreement entered into pursuant to § 46.2-819.9<\/a>. Information provided to the operator of a toll facility shall only be used for the collection of unpaid tolls and the operator of the toll facility shall be subject to the same conditions and penalties regarding release of the information as contained in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> No person shall be subject to both the provisions of this section and to prosecution<\/span> under § 46.2-819<\/a> for actions arising out of the same transaction or occurrence. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINSTALLATION AND USE OF PHOTO-MONITORING SYSTEM OR AUTOMATIC VEHICLE\nIDENTIFICATION SYSTEM IN CONJUNCTION WITH ELECTRONIC OR MANUAL TOLL FACILITIES;\nPENALTY (\u00a7 46.2-819.1)\n\nA. For purposes of this section:\n\t\t\t“Automatic vehicle identification device” means an electronic\ndevice that communicates by wireless transmission with an automatic vehicle\nidentification system.\n\t\t\t“Automatic vehicle identification system” means an electronic\nvehicle identification system installed to work in conjunction with a toll\ncollection device that automatically produces an electronic record of each\nvehicle equipped with an automatic vehicle identification device that uses a\ntoll facility.\n\t\t\t“Debt collection” means the collection of unpaid tolls and\napplicable administrative fees by (i) retention of a third-party debt collector\nor (ii) collection practices undertaken by employees of a toll facility operator\nthat are materially similar to a third-party debt collector.\n\t\t\t“Operator of a toll facility other than the Department of\nTransportation” means any agency, political subdivision, authority, or\nother entity that operates a toll facility.\n\t\t\t“Owner” means the registered owner of a vehicle on record with\nthe Department of Motor Vehicles or with the equivalent agency in another state.\n“Owner” does not include a vehicle rental or vehicle leasing\ncompany.\n\t\t\t“Photo-monitoring system” means a vehicle sensor installed to\nwork in conjunction with a toll collection device that automatically produces\none or more photographs, one or more microphotographs, a videotape, or other\nrecorded images of each vehicle at the time it is used or operated in violation\nof this section.\n\nB. The operator of any toll facility or the locality within which such toll\nfacility is located may install and operate or cause to be installed and\noperated a photo-monitoring system or automatic vehicle identification system,\nor both, at locations where tolls are collected for the use of such toll\nfacility. The operator of a toll facility shall send an invoice or bill for\nunpaid tolls to the owner of a vehicle as part of an electronic or manual toll\ncollection process pursuant to § 46.2-819.6 prior to seeking remedies under\nthis section.\n\nC. Information collected by a photo-monitoring system or automatic vehicle\nidentification system installed and operated pursuant to subsection B shall be\nlimited exclusively to that information that is necessary for the collection of\nunpaid tolls. Notwithstanding any other provision of law, all photographs,\nmicrophotographs, electronic images, or other data collected by a\nphoto-monitoring system or automatic vehicle identification system shall be used\nexclusively for the collection of unpaid tolls and shall not (i) be open to the\npublic; (ii) be sold and\/or used for sales, solicitation, or marketing purposes;\n(iii) be disclosed to any other entity except as may be necessary for the\ncollection of unpaid tolls or to a vehicle owner or operator as part of a\nchallenge to the imposition of a toll; and (iv) be used in a court in a pending\naction or proceeding unless the action or proceeding relates to a violation of\nthis section or upon order from a court of competent jurisdiction. Information\ncollected under this section shall be purged and not retained later than 30 days\nafter the collection and reconciliation of any unpaid tolls, administrative\nfees, and\/or civil penalties. Any entity operating a photo-monitoring system or\nautomatic vehicle identification system shall annually certify compliance with\nthis section and make all records pertaining to such system available for\ninspection and audit by the Commissioner of Highways or the Commissioner of the\nDepartment of Motor Vehicles or their designee. Any violation of this subsection\nshall constitute a Class 1 misdemeanor. In addition to any fines or other\npenalties provided for by law, any money or other thing of value obtained as a\nresult of a violation of this section shall be forfeited to the Commonwealth.\n\t\t\tThe toll facility operator may impose and collect an administrative fee in\naddition to the unpaid toll so as to recover the expenses of collecting the\nunpaid toll, which administrative fee shall be reasonably related to the actual\ncost of collecting the unpaid toll and not exceed $100 per violation. Such fee\nmay be levied upon the operator of the vehicle after the first unpaid toll has\nbeen documented. The operator of the vehicle shall pay the unpaid toll and any\nadministrative fee detailed in an invoice for the unpaid toll issued by a toll\nfacility operator. If paid within 60 days of notification, the administrative\nfee shall not exceed $25.\n\nD. If the matter proceeds to court, the owner or operator of a vehicle shall be\nliable for a civil penalty as follows: for a first offense, $50; for a second\noffense within one year from the first offense, $100; for a third offense within\ntwo years from the second offense, $250; and for a fourth and any subsequent\noffense within three years from the second offense, $500 plus, in each case, the\nunpaid toll, all accrued administrative fees imposed by the toll facility\noperator, and applicable court costs if the vehicle is found, as evidenced by\ninformation obtained from a photo-monitoring system or automatic vehicle\nidentification system as provided in this section, to have used such a toll\nfacility without payment of the required toll.\n\nE. Notwithstanding subsections C and D, for a first conviction of an operator or\nowner of a vehicle under this section, the total amount for the first conviction\nshall not exceed $2,200, including civil penalties and administrative fees\nregardless of the total number of offenses the operator or owner of a vehicle is\nconvicted of on that date.\n\nF. No summons may be issued by a toll facility operator for a violation of this\nsection unless the toll facility operator can demonstrate that (i) there was an\nattempt to collect the unpaid tolls and applicable administrative fees through\ndebt collection not less than 30 days prior to issuance of the summons and (ii)\n120 days have elapsed since the unpaid toll or, in a summons for multiple\nviolations, 120 days have elapsed since the most recent unpaid toll noticed on\nthe summons.\n\nG. Any action under this section shall be brought in the general district court\nof the county or city in which the toll facility is located and shall be\ncommenced within two years of the commission of the offense. Such action shall\nbe considered a traffic infraction. The attorney for the Commonwealth may\nrepresent the interests of the toll facility operator. Any authorized agent or\nemployee of a toll facility operator acting on behalf of a governmental entity\nshall be allowed the privileges accorded by § 16.1-88.03 in such cases.\n\nH. Proof of a violation of this section shall be evidenced by information\nobtained from a photo-monitoring system or automatic vehicle identification\nsystem as provided in this section. A certificate, sworn to or affirmed by a\ntechnician employed or authorized by the operator of a toll facility or by the\nlocality wherein the toll facility is located, or a facsimile of such a\ncertificate, based on inspection of photographs, microphotographs, videotapes,\nor other recorded images produced by a photo-monitoring system, or of electronic\ndata collected by an automatic vehicle identification system, shall be prima\nfacie evidence of the facts contained therein. Any photographs,\nmicrophotographs, videotape, or other recorded images or electronic data\nevidencing such a violation shall be available for inspection in any proceeding\nto adjudicate the liability for such violation under this section. A record of\ncommunication by an automatic vehicle identification device with the automatic\nvehicle identification system at the time of a violation of this section shall\nbe prima facie evidence that the automatic vehicle identification device was\nlocated in the vehicle registered to use such device in the records of the\nDepartment of Transportation.\n\nI. On a form prescribed by the Supreme Court, a summons for a violation of this\nsection may be executed as provided in § 19.2-76.2. A summons for a\nviolation of this section may set forth multiple violations occurring within one\njurisdiction. Notwithstanding the provisions of § 19.2-76, a summons for a\nviolation of this section may be executed by mailing by first-class mail a copy\nthereof to the address of the owner or, if the owner has named and provided a\nvalid address for the operator of the vehicle at the time of the violation in an\naffidavit executed pursuant to this subsection, such named operator of the\nvehicle. Such summons shall be signed either originally or by electronic\nsignature. If the summoned person fails to appear on the date of return set out\nin the summons mailed pursuant to this section, the summons shall be executed in\nthe manner set out in § 19.2-76.3.\n\t\t\tUpon a finding by a court of competent jurisdiction that the vehicle\ndescribed in the summons issued pursuant to this subsection was in violation of\nthis section, the court shall impose a civil penalty upon the owner or operator\nof such vehicle in accordance with the amounts specified in subsection D,\ntogether with applicable court costs, the operator’s administrative fee,\nand the toll due. Penalties assessed as the result of action initiated by the\nDepartment of Transportation shall be remanded by the clerk of the court that\nadjudicated the action to the Department of Transportation’s Toll\nFacilities Revolving Account. Penalties assessed as the result of action\ninitiated by an operator of a toll facility other than the Department of\nTransportation shall be remanded by the clerk of the court that adjudicated the\naction to the treasurer or director of finance of the county or city in which\nthe violation occurred for payment to the toll facility operator.\n\t\t\tThe owner of such vehicle shall be given reasonable notice by way of a\nsummons as provided in this subsection that his vehicle had been used in\nviolation of this section, and such owner shall be given notice of the time and\nplace of the hearing as well as the civil penalty and costs for such offense.\nThe toll facility operator may offer to the owner an option to pay the unpaid\ntoll and fees plus a reduced civil penalty of $25 for a first or second offense\nor $50 for a third, fourth, or subsequent offense, as specified on the summons,\nprovided the owner actually pays to the toll facility operator the entire amount\nso calculated at least 14 days prior to the hearing date specified on the\nsummons. If the owner accepts such offer and such amount is actually received by\nthe toll facility operator at least 14 days prior to the hearing date specified\non the summons, the toll facility operator shall move the court at least five\nbusiness days prior to the date set for trial to dismiss the summons issued to\nthe owner of the vehicle, and the court shall dismiss upon such motion.\n\t\t\tIt shall be prima facie evidence that the vehicle described in the summons\nissued pursuant to this subsection was operated in violation of this section.\nRecords obtained from the Department of Motor Vehicles pursuant to §\n46.2-208 and certified in accordance with § 46.2-215 or from the equivalent\nagency in another state and certified as true and correct copies by the head of\nsuch agency or his designee identifying the owner of such vehicle shall give\nrise to a rebuttable presumption that the owner of the vehicle is the person\nnamed in the summons.\n\t\t\tUpon either (i) the filing of an affidavit with the toll facility operator\nwithin 14 days of receipt of an invoice for an unpaid toll from the toll\nfacility operator or (ii) the filing of an affidavit with the court at least 14\ndays prior to the hearing date by the owner of the vehicle stating that he was\nnot the operator of the vehicle on the date of the violation and providing the\nlegal name and address of the operator of the vehicle at the time of the\nviolation, an invoice and\/or summons, as appropriate, will also be issued to the\nalleged operator of the vehicle at the time of the offense.\n\t\t\tIn any action against a vehicle operator, an affidavit made by the owner\nproviding the name and address of the vehicle operator at the time of the\nviolation shall constitute prima facie evidence that the person named in the\naffidavit was operating the vehicle at all the relevant times relating to the\nmatter named in the affidavit.\n\t\t\tIf the owner of the vehicle produces for the toll facility operator or the\ncourt a certified copy of a police report showing that the vehicle had been\nreported to the police as stolen prior to the time of the alleged offense and\nremained stolen at the time of the alleged offense, then the toll facility\noperator shall not pursue the owner for the unpaid toll and, if a summons has\nbeen issued, the court shall dismiss the summons issued to the owner of the\nvehicle.\n\nJ. Upon a finding by a court that a person has two or more unpaid tolls and such\nperson fails to pay the required penalties, fees, and unpaid tolls, the court\nshall notify the Commissioner of the Department of Motor Vehicles, who shall\nrefuse to issue or renew any vehicle registration certificate of any applicant\nor the license plate issued for the vehicle driven in the commission of the\noffense or, when the vehicle is registered in a state with which the\nCommonwealth has entered into an agreement to enforce tolling violations\npursuant to § 46.2-819.9, who shall provide to the entity authorized to\nissue vehicle registration certificates or license plates in the state in which\nthe vehicle is registered sufficient evidence of the court’s finding to\ntake action against the vehicle registration certificate or license plates in\naccordance with the terms of the agreement, until the court has notified the\nCommissioner that such penalties, fees, and unpaid tolls have been paid. Upon\nreceipt of such notification from the court, the Commissioner of the Department\nof Motor Vehicles shall notify the state where the vehicle is registered of such\npayment. If it is proven that the vehicle owner was not the operator at the time\nof the offense and upon a finding by a court that the person identified in an\naffidavit pursuant to subsection I as the operator violated this section and\nsuch person fails to pay the required penalties, fees, and unpaid tolls, the\ncourt shall notify the Commissioner, who shall refuse to issue or renew any\nvehicle registration certificate of any applicant or the license plate issued\nfor any vehicle owned or co-owned by such person or, when such vehicle is\nregistered in a state with which the Commonwealth has entered into an agreement\nto enforce tolling violations pursuant to § 46.2-819.9, who shall provide\nto the entity authorized to issue vehicle registration certificates or license\nplates in the state in which the vehicle is registered sufficient evidence of\nthe court’s finding to take action against the vehicle registration\ncertificate or license plates in accordance with the terms of the agreement,\nuntil the court has notified the Commissioner that such penalties, fees, and\nunpaid tolls have been paid. Upon receipt of such notification from the court,\nthe Commissioner of the Department of Motor Vehicles shall notify the state\nwhere the vehicle is registered of such payment. Such funds representing payment\nof unpaid tolls and all administrative fees of the toll facility operator shall\nbe transferred from the court to the Department of Transportation’s Toll\nFacilities Revolving Account or, in the case of an action initiated by an\noperator of a toll facility other than the Department of Transportation, to the\ntreasurer or director of finance of the county or city in which the violation\noccurred for payment to the toll facility operator. The Commissioner shall\ncollect a $40 administrative fee from the owner or operator of the vehicle to\ndefray the cost of processing and removing an order to deny registration or\nregistration renewal.\n\nK. Any vehicle rental or vehicle leasing company, if it receives an invoice or\nis named in a summons, shall be released as a party to the action if it provides\nthe operator of the toll facility a copy of the vehicle rental agreement or\nlease or an affidavit identifying the renter or lessee within 30 days of receipt\nof the invoice or at least 14 days prior to the date of hearing set forth in the\nsummons. Upon receipt of such rental agreement, lease, or affidavit, a notice\nshall be mailed to the renter or lessee identified therein. Release of this\ninformation shall not be deemed a violation of any provision of the Government\nData Collection and Dissemination Practices Act (§ 2.2-3800 et seq.) or the\nInsurance Information and Privacy Protection Act (§ 38.2-600 et seq.). The\ntoll facility operator shall allow at least 30 days from the date of such\nmailing before pursuing other remedies under this section. In any action against\nthe vehicle operator, a copy of the vehicle rental agreement, lease, or\naffidavit identifying the renter or lessee of the vehicle at the time of the\nviolation is prima facie evidence that the person named in the rental agreement,\nlease, or affidavit was operating the vehicle at all the relevant times relating\nto the matter named in the summons.\n\nL. Imposition of a civil penalty pursuant to this section shall not be deemed a\nconviction as an operator and shall not be made part of the driving record of\nthe person upon whom such civil penalty is imposed, nor shall it be used for\ninsurance purposes in the provision of motor vehicle insurance coverage.\n\nM. The operator of a toll facility may enter into an agreement with the\nDepartment of Motor Vehicles, in accordance with the provisions of subdivision B\n21 of § 46.2-208, to obtain vehicle owner information regarding the owners\nof vehicles that fail to pay tolls required for the use of toll facilities and\nwith the Department of Transportation to obtain any information that is\nnecessary to conduct electronic toll collection. Such agreement may include any\ninformation that may be obtained by the Department of Motor Vehicles in\naccordance with any agreement entered into pursuant to § 46.2-819.9.\nInformation provided to the operator of a toll facility shall only be used for\nthe collection of unpaid tolls and the operator of the toll facility shall be\nsubject to the same conditions and penalties regarding release of the\ninformation as contained in subsection C.\n\nN. No person shall be subject to both the provisions of this section and to\nprosecution under § 46.2-819 for actions arising out of the same\ntransaction or occurrence.\n\nHISTORY: 1998, c. 802; 2001, cc. 803, 852; 2003, c. 768; 2004, c. 924; 2005, c.\n862; 2006, c. 859; 2007, cc. 78, 200; 2010, c. 839; 2011, c. 736; 2016, c. 753;\n2020, cc. 964, 965.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}