Section 23-2-169
Use of toll collection facility without payment; collection.
THIS SECTION WAS AMENDED BY ACT 2019-501 IN THE 2019 REGULAR SESSION, EFFECTIVE JANUARY 1, 2024. TO SEE THE AMENDED VERSION, SEE THE VERSION LABELED PENDING.
(a) The owner and operator of a vehicle driven on a toll road, bridge, causeway, or tunnel and through a toll collection point without payment of the required toll is jointly and severally liable to the authority, department, or private toll entity to pay the required toll, administrative fees, and civil penalty as provided in this article. The authority, department, or private toll entity or an agent or representative thereof may pursue collection of the required toll as provided for in this article.
(b) A certified written report or a facsimile thereof, sworn to or affirmed by the authority, department, private toll entity, or an agent or representative thereof that a toll violation has occurred, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo or other monitoring system, is prima facie evidence of the violation and is admissible as evidence in any proceeding charging a toll violation pursuant to this article.
(c) Upon receipt of a certified written statement from the department, authority, or private toll entity referencing the license plate registration number of a vehicle involved in a toll violation, the Alabama State Law Enforcement Agency shall provide the department, authority, or private toll entity with the name and address of the registered owner of the subject vehicle. Alternatively, the department, authority, or private toll entity may enter into an agreement with any municipal law enforcement agency or county sheriff to provide the registered owner information pursuant to this subsection.
(d) If a vehicle passes through a toll collection point without payment of the required toll and no account is available to which a charge may be applied, the authority, department, private toll entity, or an agent or representative thereof shall send by first-class mail or electronic transmission:
(1) A First Notice to Pay Toll to the registered owner of a vehicle which is identified as having been involved in a toll violation. The first notice shall require payment to the authority, department, or private toll entity of the required toll plus an administrative fee of five dollars ($5) within 30 days of the mailing or electronic transmission of the notice. This First Notice to Pay Toll shall be sent by the authority, department, private toll entity, or its agent within 60 days after receipt of the motor vehicle registration information from the Alabama State Law Enforcement Agency, a municipal law enforcement agency, or the county sheriff.
(2) A Second Notice to Pay Toll to the registered owner of a vehicle who has failed to respond to a First Notice to Pay Toll within the required time period. The second notice shall require payment to the authority, department, or private toll entity of the required toll, plus an administrative fee not to exceed fifty dollars ($50) as set by the authority, department, or private toll entity within 30 days of the mailing or electronic transmission of the notice.
(3) A Failure to Pay a Toll citation to the owner or operator of a vehicle who has failed to respond to the second notice within the required time period. The citation shall require payment to the authority, department, or private toll entity of the required toll, plus an administrative fee not to exceed one hundred dollars ($100) as set by the authority, department, or private toll entity within 30 days of the mailing or electronic transmission of the notice of citation. The owner or operator shall be notified that failure to pay the citation within the required time period may result in the authority, department, private toll entity, or an agent or representative thereof filing a civil suit in the municipal court of the city in which the violation has occurred or district court of the county in which the violation occurred to collect the toll and all applicable fees and penalties allowed pursuant to this article.
(e) Administrative fees assessed under subsection (d) are not cumulative. The maximum aggregate administrative fee allowed increases from five dollars ($5) to fifty dollars ($50) to one hundred dollars ($100) with each notice issued. An additional administrative fee of up to five dollars ($5) shall be assessed on each citation and paid to the law enforcement agency providing the registered owner information to the department, authority, or private toll entity.
(f) The notices and citation required by this subsection shall also contain the following information:
(1) The name and address of the person or entity alleged to be liable for a failure to pay a toll pursuant to this section.
(2) The license plate registration number of the vehicle involved in the toll violation.
(3) The location where the toll violation occurred.
(4) The date and time of the toll violation.
(5) The identification of the photo or other monitoring system which recorded the violation or other document locator.
(6) Information advising of the manner and time in which liability may be contested.
(7) Notice that failure to contest liability in the manner and time provided in this section is an admission of liability.
(8) Notice that failure to pay a toll and any applicable fees may result in the suspension of driver's license and vehicle registration.
(g) A manual, automatic, or electronic record of the mailing or transmission of the notices or citation prepared in the ordinary course of business is prima facie evidence of the mailing or transmission of the notices or citation.
(Act 2017-375, §1.)