{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-819.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-819.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-819.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-819.3.html"}],"law_id":57137,"edition_id":1,"section_id":57137,"structure_id":12876,"section_number":"46.2-819.3","catch_line":"Use of toll facility without payment of toll; enforcement; penalty","history":"2004, c. 924; 2006, c. 859; 2007, cc. 78, 200; 2011, c. 736; 2016, c. 753; 2020, cc. 964, 965.","full_text":"A\n\nFor purposes of this section:\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.B\n\nThe 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 shall not be levied on a first unpaid toll unless the written promise to pay executed pursuant to subsection F remains unpaid after 30 days. The person who executed the written promise to pay pursuant to subsection F shall pay the unpaid toll and any administrative fee detailed in an invoice or bill issued by a toll facility operator. If paid within 60 days of notification, the administrative fee shall not exceed $25.C\n\nIf the matter proceeds to court, the owner or operator of the 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 operator is found, as evidenced by information obtained from the toll facility operator, to have used such a toll facility without payment of the required toll.D\n\nNotwithstanding subsections B and C, 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.E\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.F\n\nA written promise to pay an unpaid toll within a specified period of time executed by the operator of a motor vehicle, accompanied by a certificate sworn to or affirmed by an authorized agent of the toll facility that the unpaid toll was not paid within such specified period, shall be prima facie evidence of the facts contained therein.G\n\nThe operator of a toll facility shall send an invoice or bill to the owner of a motor vehicle using a toll facility without payment of the specified toll as part of an electronic or manual toll collection process pursuant to § 46.2-819.6, prior to seeking remedies under this section. 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 an 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\nUpon a finding by a court of competent jurisdiction that the operator of a motor vehicle identified in the summons issued pursuant to subsection J was in violation of this section, the court shall impose a civil penalty upon the operator of a motor vehicle in accordance with the amounts specified in subsection C, 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.I\n\nThe toll facility operator may offer to the owner an option to pay the unpaid toll and fees plus a reduced civil penalty of not more than $25 for a first or second offense or not more than $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.J\n\nA 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 operator of a motor vehicle as shown on the written promise to pay executed pursuant to subsection F or records of the Department of Motor Vehicles. 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 subsection, the summons shall be executed in the manner set out in § 19.2-76.3.K\n\nUpon a finding by a court that a person has three 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 any vehicle owned or co-owned by the offender 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. 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. 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.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\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":209248,"text":"For purposes of this section:\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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":209249,"text":"The 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 shall not be levied on a first unpaid toll unless the written promise to pay executed pursuant to subsection F remains unpaid after 30 days. The person who executed the written promise to pay pursuant to subsection F shall pay the unpaid toll and any administrative fee detailed in an invoice or bill issued by a toll facility operator. If paid within 60 days of notification, the administrative fee shall not exceed $25.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":209250,"text":"If the matter proceeds to court, the owner or operator of the 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 operator is found, as evidenced by information obtained from the toll facility operator, to have used such a toll facility without payment of the required toll.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":209251,"text":"Notwithstanding subsections B and C, 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":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":209252,"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":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":209253,"text":"A written promise to pay an unpaid toll within a specified period of time executed by the operator of a motor vehicle, accompanied by a certificate sworn to or affirmed by an authorized agent of the toll facility that the unpaid toll was not paid within such specified period, shall be prima facie evidence of the facts contained therein.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":209254,"text":"The operator of a toll facility shall send an invoice or bill to the owner of a motor vehicle using a toll facility without payment of the specified toll as part of an electronic or manual toll collection process pursuant to § 46.2-819.6, prior to seeking remedies under this section. 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 an 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":209255,"text":"Upon a finding by a court of competent jurisdiction that the operator of a motor vehicle identified in the summons issued pursuant to subsection J was in violation of this section, the court shall impose a civil penalty upon the operator of a motor vehicle in accordance with the amounts specified in subsection C, 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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":209256,"text":"The toll facility operator may offer to the owner an option to pay the unpaid toll and fees plus a reduced civil penalty of not more than $25 for a first or second offense or not more than $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.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":209257,"text":"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 operator of a motor vehicle as shown on the written promise to pay executed pursuant to subsection F or records of the Department of Motor Vehicles. 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 subsection, the summons shall be executed in the manner set out in § 19.2-76.3.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":209258,"text":"Upon a finding by a court that a person has three 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 any vehicle owned or co-owned by the offender 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. 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. 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":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":209259,"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":209260,"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":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-819.3\/","history_text":"

This law was first created in 2004. The record of its establishment is cataloged in chapter 924<\/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 5 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 2006, chapter 859<\/a>; in 2007, chapters 78<\/a> and 200<\/a>; in 2011, chapter 736<\/a>; in 2016, chapter 753<\/a>; in 2020, chapters 964<\/a> and 965<\/a>.<\/p>","references":[{"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":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":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":230335,"object_type":"law","relational_id":57137,"identifier":"46.2-819.3","token":"46.2\/III\/8\/1.1\/46.2-819.3","url":"\/46.2-819.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-819.3\/","token":"46.2\/III\/8\/1.1\/46.2-819.3","dublin_core":{"Title":"Use of toll facility without payment of toll; enforcement; penalty","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-819.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\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<\/span> on record with the Department of Motor Vehicles<\/span> or with the equivalent agency in another state. “Owner<\/span>” does not include a vehicle<\/span> rental or vehicle<\/span> leasing company. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The 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 shall not be levied on a first unpaid toll unless the written promise to pay executed pursuant to subsection F remains unpaid after 30 days. The person who executed the written promise to pay pursuant to subsection F shall pay the unpaid toll and any administrative fee detailed in an invoice or bill 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

C.<\/span> If the matter proceeds to court<\/span>, the owner<\/span> or operator of the vehicle<\/span> 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<\/span> operator is found, as evidenced by information obtained from the toll facility operator, to have used such a toll facility without payment of the required toll. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Notwithstanding subsections B and C, for a first conviction<\/span> of an operator or owner<\/span> of a vehicle<\/span> 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<\/span> is convicted of on that date. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/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

F.<\/span> A written promise to pay an unpaid toll within a specified period of time executed by the operator of a motor vehicle<\/span>, accompanied by a certificate sworn to or affirmed<\/span> by an authorized agent<\/span> of the toll facility that the unpaid toll was not paid within such specified period, shall be prima facie evidence<\/span> of the facts<\/span> contained therein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The operator of a toll facility shall send an invoice or bill to the owner<\/span> of a motor vehicle<\/span> using a toll facility without payment of the specified toll as part of an electronic or manual toll collection process pursuant to § 46.2-819.6<\/a>, prior to seeking remedies under this section. 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 an 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> Upon a finding<\/span> by a court<\/span> of competent jurisdiction<\/span> that the operator of a motor vehicle<\/span> identified in the summons<\/span> issued pursuant to subsection J was in violation of this section, the court<\/span> shall impose a civil penalty<\/span> upon the operator of a motor vehicle<\/span> in accordance with the amounts specified in subsection C, 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. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/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 not more than $25 for a first or second offense<\/span> or not more than $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>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/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 operator of a motor vehicle<\/span> as shown on the written promise to pay executed pursuant to subsection F or records of the Department of Motor Vehicles<\/span>. 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 subsection, the summons<\/span> shall be executed in the manner set out in § 19.2-76.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> Upon a finding<\/span> by a court<\/span> that a person has three 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 any vehicle owned or co-owned by the offender 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. 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. 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

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> 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\nUSE OF TOLL FACILITY WITHOUT PAYMENT OF TOLL; ENFORCEMENT; PENALTY (\u00a7\n46.2-819.3)\n\nA. For purposes of this section:\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\nB. The 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\nshall not be levied on a first unpaid toll unless the written promise to pay\nexecuted pursuant to subsection F remains unpaid after 30 days. The person who\nexecuted the written promise to pay pursuant to subsection F shall pay the\nunpaid toll and any administrative fee detailed in an invoice or bill issued by\na toll facility operator. If paid within 60 days of notification, the\nadministrative fee shall not exceed $25.\n\nC. If the matter proceeds to court, the owner or operator of the vehicle shall\nbe liable 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 operator is found, as\nevidenced by information obtained from the toll facility operator, to have used\nsuch a toll facility without payment of the required toll.\n\nD. Notwithstanding subsections B and C, 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\nE. 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\nF. A written promise to pay an unpaid toll within a specified period of time\nexecuted by the operator of a motor vehicle, accompanied by a certificate sworn\nto or affirmed by an authorized agent of the toll facility that the unpaid toll\nwas not paid within such specified period, shall be prima facie evidence of the\nfacts contained therein.\n\nG. The operator of a toll facility shall send an invoice or bill to the owner of\na motor vehicle using a toll facility without payment of the specified toll as\npart of an electronic or manual toll collection process pursuant to §\n46.2-819.6, prior to seeking remedies under this section. Any action under this\nsection shall be brought in the general district court of the county or city in\nwhich the toll facility is located and shall be commenced within two years of\nthe commission of the offense. Such an action shall be considered a traffic\ninfraction. The attorney for the Commonwealth may represent the interests of the\ntoll facility operator. Any authorized agent or employee of a toll facility\noperator acting on behalf of a governmental entity shall be allowed the\nprivileges accorded by § 16.1-88.03 in such cases.\n\nH. Upon a finding by a court of competent jurisdiction that the operator of a\nmotor vehicle identified in the summons issued pursuant to subsection J was in\nviolation of this section, the court shall impose a civil penalty upon the\noperator of a motor vehicle in accordance with the amounts specified in\nsubsection C, together with applicable court costs, the operator’s\nadministrative fee, and the toll due. Penalties assessed as the result of action\ninitiated by the Department of Transportation shall be remanded by the clerk of\nthe court that adjudicated the action to the Department of\nTransportation’s Toll Facilities Revolving Account. Penalties assessed as\nthe result of action initiated by an operator of a toll facility other than the\nDepartment of Transportation shall be remanded by the clerk of the court that\nadjudicated the action to the treasurer or director of finance of the county or\ncity in which the violation occurred for payment to the toll facility operator.\n\nI. The toll facility operator may offer to the owner an option to pay the unpaid\ntoll and fees plus a reduced civil penalty of not more than $25 for a first or\nsecond offense or not more than $50 for a third, fourth, or subsequent offense,\nas specified on the summons, provided the owner actually pays to the toll\nfacility operator the entire amount so calculated at least 14 days prior to the\nhearing date specified on the summons. If the owner accepts such offer and such\namount is actually received by the toll facility operator at least 14 days prior\nto the hearing date specified on the summons, the toll facility operator shall\nmove the court at least five business days prior to the date set for trial to\ndismiss the summons issued to the owner of the vehicle, and the court shall\ndismiss upon such motion.\n\nJ. A summons for a violation of this section may be executed as provided in\n§ 19.2-76.2. A summons for a violation of this section may set forth\nmultiple violations occurring within one jurisdiction. Notwithstanding the\nprovisions of § 19.2-76, a summons for a violation of this section may be\nexecuted by mailing by first-class mail a copy thereof to the address of the\noperator of a motor vehicle as shown on the written promise to pay executed\npursuant to subsection F or records of the Department of Motor Vehicles. Such\nsummons shall be signed either originally or by electronic signature. If the\nsummoned person fails to appear on the date of return set out in the summons\nmailed pursuant to this subsection, the summons shall be executed in the manner\nset out in § 19.2-76.3.\n\nK. Upon a finding by a court that a person has three or more unpaid tolls and\nsuch person fails to pay the required penalties, fees, and unpaid tolls, the\ncourt shall notify the Commissioner of the Department of Motor Vehicles, who\nshall refuse to issue or renew any vehicle registration certificate of any\napplicant or the license plate issued for any vehicle owned or co-owned by the\noffender 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. Upon receipt of such notification\nfrom the court, the Commissioner of the Department of Motor Vehicles shall\nnotify the state where the vehicle is registered of such payment. The\nCommissioner shall collect a $40 administrative fee from the owner or operator\nof the vehicle to defray the cost of processing and removing an order to deny\nregistration or registration renewal.\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. 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: 2004, c. 924; 2006, c. 859; 2007, cc. 78, 200; 2011, c. 736; 2016, c.\n753; 2020, 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}}