                                 CODE OF VIRGINIA

INSTALLATION AND USE OF VIDEO-MONITORING SYSTEM AND AUTOMATIC VEHICLE
IDENTIFICATION SYSTEM IN CONJUNCTION WITH ALL-ELECTRONIC TOLL FACILITIES;
PENALTY (§ 46.2-819.3:1)

A. For purposes of this section:
			&#8220;Automatic vehicle identification device&#8221; means an electronic
device that communicates by wireless transmission with an automatic vehicle
identification system.
			&#8220;Automatic vehicle identification system&#8221; 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.
			&#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&#8221; means a person who was driving a vehicle that was the
subject of a toll violation but who is not the owner of the vehicle.
			&#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 mean a vehicle rental or vehicle leasing company
that meets the requirements for such companies set forth in this section.
			&#8220;Video-monitoring system&#8221; 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. 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 video-monitoring system in conjunction with an automatic vehicle
identification system on facilities for which tolls are collected for the use of
such toll facility and that do not offer manual toll collection. A
video-monitoring system shall include, but not be limited to, electronic systems
that monitor and capture images of vehicles using a toll facility to enable toll
collection for vehicles that do not pay using a toll collection device. The
operator of a toll facility shall send an invoice for unpaid tolls in accordance
with the requirements of &#xA7; 46.2-819.6 to the owner of a vehicle as part of
a video-monitoring toll collection process, prior to seeking remedies under this
section.

C. Information collected by a video-monitoring system in conjunction with an
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 and establishing when violations occur,
including use in any proceeding to determine whether a violation occurred.
Notwithstanding any other provision of law, all images or other data collected
by a video-monitoring system in conjunction with an automatic vehicle
identification system shall be protected in a database with security comparable
to that of the Department of Motor Vehicles&#8217; system and used exclusively
for the collection of unpaid tolls and for efforts to pursue violators of this
section and shall not (i) be open to the public; (ii) be sold and/or used for
sales, solicitation, or marketing purposes other than those of the toll facility
operator to facilitate toll payment; (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/or
(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. Except as provided above, 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 video-monitoring system in conjunction
with an automatic vehicle identification system shall annually certify
compliance with this section and make all records pertaining to such system
available for inspection and audit by the Commissioner of Highways or the
Commissioner of the Department of Motor Vehicles or their designee. Any
violation of this subsection shall constitute a Class 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.
			If a vehicle uses a toll facility without paying the toll, the owner or
operator shall be in violation of this section if he refuses to pay the toll
within 30 days of notification. 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 upon the owner or
operator of the vehicle unless the toll has not been paid by the owner or
operator within 30 days after receipt of the invoice for the unpaid toll, which
nonpayment for 30 days shall constitute the violation of this section. Once such
a violation has occurred, the owner or operator of the vehicle shall pay the
unpaid tolls and any administrative fee detailed in the invoice for the unpaid
toll issued by a toll facility operator. If paid within 60 days of the toll
violation, the administrative fee shall not exceed $25.
			The toll facility operator may levy charges for the direct cost of use of and
processing for a video-monitoring system and to cover the cost of the invoice,
which are in addition to the toll and may not exceed double the amount of the
base toll, provided that potential toll facility users are provided notice
before entering the facility by conspicuous signs that clearly indicate that the
toll for use of the facility could be tripled for any vehicle that does not have
an active, functioning automatic vehicle identification device registered for
and in use in the vehicle using the toll facility, and such signs are posted at
a location where the operator can still choose to avoid the use of the toll
facility if he chooses not to pay the toll.
			A person receiving an invoice for an unpaid toll under this section may (a)
pay the toll and administrative fees directly to the toll facility operator or
(b) file with the toll facility operator a notice, on a form provided by the
toll facility operator as required under subsection B of &#xA7; 46.2-819.6, to
contest liability for a toll violation. The notice to contest liability for a
toll violation may be filed by any person receiving an invoice for an unpaid
toll by mailing or delivering the notice to the toll facility operator within 60
days of receiving such invoice for an unpaid toll. Upon receipt of such notice,
the toll facility operator may issue a summons pursuant to subsection I and may
not seek withholding of registration or renewal thereof under subsection L until
a court of competent jurisdiction has found the alleged violator liable for
tolls under this section.

D. 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 video-monitoring system in conjunction with an
automatic vehicle identification system as provided in this section, to have
used such a toll facility without payment of the required toll within 30 days of
receipt of the invoice for the toll.

E. 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.

F. 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.

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

H. Proof of a violation of this section shall be evidenced by information
obtained from a video-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 video-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. On a form prescribed by the Supreme Court, 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 unpaid tolls may be executed by mailing by first-class mail a copy
thereof to the address of the owner or, if the owner has named and provided a
valid address for the operator of the vehicle at the time of the violation in an
affidavit executed pursuant to subsection J, such named operator of the vehicle.
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 &#xA7; 19.2-76.3.

J. Upon a finding by a court of competent jurisdiction that the vehicle
described in the summons issued pursuant to subsection I was in violation of
this section, the court shall impose a civil penalty upon the owner or operator
of such vehicle in accordance with the amounts specified in subsection D,
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.
			The owner of such vehicle shall be given reasonable notice by way of a
summons as provided in subsection I 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.
			It shall be prima facie evidence that the vehicle described in the summons
issued pursuant to subsection I was operated in violation of this section.
Records obtained from the Department of Motor Vehicles pursuant to subsection P
and certified in accordance with &#xA7; 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.
			Upon the filing of an affidavit by the owner of the vehicle with the toll
facility operator within 14 days of receipt of an invoice for unpaid toll or a
summons stating that such owner 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 for unpaid toll or summons,
whichever the case may be, will also be issued to the alleged operator of the
vehicle at the time of the offense.
			In any action against a vehicle operator, an affidavit made by the owner
providing the name and address of the vehicle operator at the time of the
violation shall constitute prima facie evidence that the person named in the
affidavit was operating the vehicle at all the relevant times relating to the
matter named in the affidavit.
			If 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 contained in the invoice
for unpaid toll or the court shall dismiss the summons issued to the owner of
the vehicle.

K. Upon a finding by a court that a person has two or more unpaid tolls and such
person fails to pay the required penalties, fees, and unpaid tolls, then the
court or toll facility operator shall notify the Commissioner of the Department
of Motor Vehicles, who shall refuse to issue or renew any 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 &#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,
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 J
as the operator violated this section and such person fails to pay the required
penalties, fees, and unpaid tolls, the court shall notify the Commissioner, who
shall refuse to 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 &#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, 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&#8217;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.

L. If an owner of a vehicle has received at least one invoice for two or more
unpaid tolls in accordance with &#xA7; 46.2-819.6 by certified mail or other
equivalent form of trackable correspondence and has (i) failed to pay the unpaid
tolls and administrative fees and (ii) failed to file a notice to contest
liability for a toll violation, then the toll facility operator may notify the
Commissioner, who shall, if no form contesting liability has been timely filed
with the toll facility operator pursuant to this section, refuse to issue or
renew the vehicle registration certificate of any applicant therefor or the
license plate issued for any vehicle driven in the commission of the offense
until the toll facility operator has notified the Commissioner that such fees
and unpaid tolls have been paid.
			If the vehicle owner was not the operator at the time of the offense and the
person identified in an affidavit pursuant to subsection J as the operator has
received at least one invoice for two or more unpaid tolls in accordance with
&#xA7; 46.2-819.6 by certified mail or other equivalent form of trackable
correspondence and such person has (a) failed to pay the unpaid tolls and
administrative fees and (b) failed to file a notice to contest liability for a
toll violation, then the toll facility operator may notify the Commissioner, who
shall, if no form contesting liability has been timely filed with the toll
facility operator pursuant to this section, refuse to issue or renew any vehicle
registration certificate of any applicant therefor or the license plate issued
for any vehicle owned or co-owned by such person until the toll facility
operator has notified the Commissioner that such fees and unpaid tolls have been
paid.
			The Commissioner may only refuse to issue or renew any vehicle registration
pursuant to this subsection upon the request of a toll facility operator if such
toll facility operator has entered into an agreement with the Commissioner
whereby the Commissioner will refuse to issue or renew any vehicle registration
of any applicant therefor who owes unpaid tolls and administrative fees to the
toll facility operator. The toll facility operator seeking to collect unpaid
tolls and administrative fees through the withholding of registration or renewal
thereof by the Commissioner as provided for in this subsection shall notify the
Commissioner in the manner provided for in his agreement with the Commissioner
and supply to the Commissioner information necessary to identify the violator
whose registration or renewal is to be denied. The Commissioner shall charge a
$40 fee to defray the cost of processing and withholding the registration or
registration renewal, and the toll facility operator may add this fee to the
amount of the unpaid tolls and administrative fees. Any agreement entered into
pursuant to the provisions of this subsection shall provide for the Department
to send the violator notice of the intent to deny renewal of registration at
least 30 days prior to the expiration date of a current vehicle registration and
such notice shall include a form, as required under subsection B of &#xA7;
46.2-819.6, to contest liability of the underlying toll violation. The notice
provided by the Commissioner shall include instructions for filing the form to
contest liability with the toll facility operator within 21 days after the date
of mailing of the Commissioner&#8217;s notice. Upon timely receipt of the form,
the toll facility operator shall notify the Commissioner, who shall refrain from
withholding the registration or renewal thereof, after which the toll facility
operator may proceed to issue a summons for unpaid toll. For the purposes of
this subsection, notice by first-class mail to the registrant&#8217;s address as
maintained in the records of the Department shall be deemed sufficient.

M. Any vehicle rental or vehicle leasing company, if it receives an invoice for
unpaid toll 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 summons. Upon receipt of such rental
agreement, lease, or affidavit, an invoice for unpaid toll 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 (&#xA7; 2.2-3800 et seq.) or the Insurance
Information and Privacy Protection Act (&#xA7; 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.

N. 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.

O. 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.

P. The operator of a toll facility may enter into an agreement with the
Department, in accordance with the provisions of subdivision B 21 of &#xA7;
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 &#xA7; 46.2-819.9. Information provided to
the operator of a toll facility shall be used only 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.

Q. 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: 2010, c. 839; 2011, c. 736; 2016, c. 753; 2020, cc. 964, 965; 2024, cc.
67, 68, 470.