                                 CODE OF VIRGINIA

USE OF TOLL FACILITY WITHOUT PAYMENT OF TOLL; ENFORCEMENT; PENALTY (§
46.2-819.3)

A. For purposes of this section:
			&#8220;Debt collection&#8221; 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.
			&#8220;Operator of a toll facility other than the Department of
Transportation&#8221; means any agency, political subdivision, authority, or
other entity that operates a toll facility.
			&#8220;Owner&#8221; means the registered owner of a vehicle on record with
the Department of Motor Vehicles or with the equivalent agency in another state.
&#8220;Owner&#8221; does not include a vehicle rental or vehicle leasing
company.

B. 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.

C. 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.

D. 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.

E. 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.

F. 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.

G. 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 &#xA7;
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 &#xA7; 16.1-88.03 in such cases.

H. 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&#8217;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&#8217;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. 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.

J. A summons for a violation of this section may be executed as provided in
&#xA7; 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 &#xA7; 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 &#xA7; 19.2-76.3.

K. 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 &#xA7; 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&#8217;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. 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.

M. No person shall be subject to both the provisions of this section and to
prosecution under &#xA7; 46.2-819 for actions arising out of the same
transaction or occurrence.

HISTORY: 2004, c. 924; 2006, c. 859; 2007, cc. 78, 200; 2011, c. 736; 2016, c.
753; 2020, cc. 964, 965.