16106002D
HOUSE BILL NO. 1069
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee on Transportation
on March 2, 2016)
(Patrons Prior to Substitute--Delegates Jones [HB 1070] and
Albo [HB 169])
A BILL to amend and reenact §§33.2-500, 33.2-503, 33.2-504,
46.2-208, 46.2-819, 46.2-819.1, 46.2-819.3, 46.2-819.3:1, 46.2-819.5, and
46.2-819.6 of the Code of Virginia; to amend the Code of Virginia by adding in
Chapter 6 of Title 33.2 a section numbered 33.2-615 and by adding in Article
1.1 of Chapter 8 of Title 46.2 sections numbered 46.2-819.8, 46.2-819.9, and
46.2-819.10; and to repeal §46.2-819.7 of the Code of Virginia, relating to
tolling; toll collection procedures, fees, and penalties; period of nonpayment;
notice of nonpayment; reciprocity agreements.
Be it enacted by the General Assembly of Virginia:
1. That §§33.2-500, 33.2-503, 33.2-504, 46.2-208, 46.2-819,
46.2-819.1, 46.2-819.3, 46.2-819.3:1, 46.2-819.5, and 46.2-819.6 of the Code of
Virginia are amended and reenacted and that the Code of Virginia is amended by
adding in Chapter 6 of Title 33.2 a section numbered 33.2-615 and by adding in
Article 1.1 of Chapter 8 of Title 46.2 sections numbered 46.2-819.8,
46.2-819.9, and 46.2-819.10 as follows:
§33.2-500. Definitions.
As used in this chapter, unless the context requires a
different meaning:
"High-occupancy requirement" means the number of
persons required to be traveling in a vehicle for the vehicle to use HOT lanes
without the payment of a toll. Emergency vehicles, law-enforcement vehicles
being used in HOT lanes in the performance of law-enforcement duties, which
shall not include the use of such vehicles for commuting to and from the
workplace or for any purpose other than responding to an emergency incident,
patrolling HOT lanes pursuant to an agreement by a state agency with the HOT
lanes operator, or the time-sensitive investigation, active surveillance, or
actual pursuit of persons known or suspected to be engaged in or with knowledge
of criminal activity, and mass transit vehicles and commuter buses shall meet
the high-occupancy requirement for HOT lanes, regardless of the number of
occupants in the vehicle.
"High-occupancy toll lanes" or "HOT lanes"
means a highway or portion of a highway containing one or more travel
lanes separated from other lanes that (i) has an electronic toll
collection system,; (ii) provides for free passage by vehicles
that meet the high-occupancy requirement, including mass transit vehicles
and commuter buses; and (iii) contains a photo-enforcement system
for use in such electronic toll collection. HOT lanes shall not be a "toll
facility" or "HOV lanes" for the purposes of any other provision
of law or regulation.
"High-occupancy vehicle lanes" or "HOV
lanes" means a highway or portion of a highway containing one or
more travel lanes for the travel of high-occupancy vehicles or buses as
designated pursuant to §33.2-501.
"HOT lanes operator" means the operator of the
facility containing HOT lanes, which may include the Department of
Transportation or some other entity.
"Mass transit vehicles" and "commuter
buses" means vehicles providing a scheduled transportation service to the
general public. Such vehicles shall comprise nonprofit, publicly or privately
owned or operated transportation services, programs, or systems that may be
funded pursuant to §58.1-638.
"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 mean include a vehicle
rental or vehicle leasing company.
"Photo-enforcement system" means a sensor installed
in conjunction with a toll collection device to detect the presence of a
vehicle that automatically produces one or more photographs, one or more
microphotographs, a videotape, or other recorded images of each vehicle's
license plate at the time it is detected by the toll collection device.
"Unauthorized vehicle" means a motor vehicle that is
restricted from use of the HOT lanes pursuant to subdivision 4 a of §33.2-503
or does not meet the high-occupancy requirement and indicates with its
electronic toll collection device that it meets the applicable high-occupancy
requirements.
§33.2-503. HOT lanes enforcement.
Any person operating a motor vehicle on designated HOT lanes
shall make arrangements with the HOT lanes operator for payment of the required
toll prior to entering such HOT lanes. The driver operator of a
vehicle who enters the HOT lanes in an unauthorized vehicle, in violation of
the conditions for use of such HOT lanes established pursuant to §33.2-502,
without payment of the required toll or without having made arrangements with
the HOT lanes operator for payment of the required toll shall have committed a
violation of this section, which may be enforced in the following manner:
1. On a form prescribed by the Supreme Court, a summons for
civil a violation of this section may be executed by a
law-enforcement officer, when such violation is observed by such officer. The form
shall contain the option for the driver operator of the vehicle
to prepay the unpaid toll and all penalties, administrative fees, and costs.
2. a. A HOT lanes operator shall install and operate, or cause
to be installed or operated, a photo-enforcement system at locations where
tolls are collected for the use of such HOT lanes.
b. A summons for civil a violation of this
section may be executed pursuant to this subdivision, when such violation is
evidenced by information obtained from a photo-enforcement system as defined in
this chapter. A certificate, sworn to or affirmed by a technician employed or
authorized by the HOT lanes operator, or a facsimile of such a certificate,
based on inspection of photographs, microphotographs, videotapes, or other recorded
images produced by a photo-enforcement system, shall be prima facie evidence of
the facts contained therein. Any photographs, microphotographs, videotape, or
other recorded images evidencing such a violation shall be available for
inspection in any proceeding to adjudicate the liability for such violation
under this subdivision. Any vehicle rental or vehicle leasing company, if named
in a summons, shall be released as a party to the action if it provides to the
HOT lanes operator a copy of the vehicle rental agreement or lease or an
affidavit identifying the renter or lessee prior to the date of hearing set
forth in the summons. Upon receipt of such rental agreement, lease, or
affidavit, a summons shall be issued for 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.).
c. On a form prescribed by the Supreme Court, a summons issued
under this subdivision may be executed pursuant to as provided in
§19.2-76.2. Such form shall contain the option for the driver or registered
owner or operator to prepay the unpaid toll and all penalties,
administrative fees, and costs. HOT lanes operator personnel or their agents
mailing such summons shall be considered conservators of the peace for the sole
and limited purpose of mailing such summons. A summons for a violation
of this subdivision 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 of the vehicle as shown on the records
of the Department of Motor Vehicles or, if the registered 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 subdivision, 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.
d. No summons may be issued by a HOT lanes operator for a
violation of this section unless the HOT lanes 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. For purposes of this subdivision, "debt
collection" means the collection of unpaid tolls and applicable
administrative fees by (a) retention of a third-party debt collector or (b)
collection practices undertaken by employees of a HOT lanes operator that are
materially similar to a third-party debt collector.
d. e. The registered owner of such
vehicle shall be given reasonable notice by way of a summons as provided in
this subdivision 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 and
notice of the civil penalty and costs for such offense.
It shall be prima facie evidence that the vehicle described
in the summons issued pursuant to subdivision 2 was operated in violation of
this section. Records obtained from the Department of Motor Vehicles pursuant
to §33.2-504 and certified in accordance with §46.2-215 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 with the court at least 14
days prior to the hearing date by the registered owner of the vehicle
stating that he was not the driver operator of the vehicle on the
date of the violation and providing the legal name and address of the driver
operator of the vehicle at the time of the violation, a summons will also
be issued to the alleged driver operator of the vehicle at the
time of the offense. The affidavit shall constitute prima facie evidence that
the person named in the affidavit was driving the vehicle at all the relevant
times relating to the matter named in the affidavit.
If the registered owner of the vehicle produces 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 court shall dismiss the
summons issued to the registered owner of the vehicle.
3. a. The HOT lanes 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. The operator of the vehicle shall pay the unpaid tolls and any
administrative fee detailed in a notice or invoice issued by a HOT lanes
operator. If paid within 30 60 days of notification, the
administrative fee shall not exceed $25. The HOT lanes operator shall notify
the owner of the vehicle of any unpaid tolls and administrative fees by mailing
an invoice pursuant to §46.2-819.6.
b. Upon a finding by a court of competent jurisdiction that
the driver operator of the vehicle observed by a law-enforcement
officer under subdivision 1 or the vehicle described in the summons for
civil a violation issued pursuant to evidence obtained by a
photo-enforcement system under subdivision 2 was in violation of this section,
the court shall impose a civil penalty upon the driver operator
of such vehicle issued a summons under subdivision 1, or upon the driver
operator or registered owner of such vehicle issued a summons under
subdivision 2, payable to the HOT lanes operator as follows: for a first
offense, $50; for a second offense, $250 $100; for a third
offense within a period of two years of the second offense, $500 $250;
and for a fourth and subsequent offense within a period of three years of the
second offense, $1,000 $500, together with, in each case, the
unpaid toll, all accrued administrative fees imposed by the HOT lanes operator
as authorized by this section, and applicable court costs. The court shall
remand penalties, the unpaid toll, and administrative fees assessed for violation
of this section to the treasurer or director of finance of the county or city
in which the violation occurred for payment to the HOT lanes operator for
expenses associated with operation of the HOT lanes and payments against any
bonds or other liens issued as a result of the construction of the HOT lanes.
No person shall be subject to prosecution under both subdivisions 1 and 2 for
actions arising out of the same transaction or occurrence.
c. Notwithstanding subdivisions a and b, 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.
d. Upon a finding by a court that a person
resident of the Commonwealth has violated this section, in the event such
person fails to pay the required penalties, fees, and costs, the court shall
notify the Commissioner of the Department of Motor Vehicles, who shall suspend
all of the registration certificates and license plates issued for any motor
vehicles registered solely in the name of such person and shall not issue any
registration certificate or license plate for any other vehicle that such
person seeks to register solely in his name until the court has notified the
Commissioner of the Department of Motor Vehicles that such penalties, fees, and
costs have been paid. Upon a finding by a court that a nonresident of the
Commonwealth has violated this section, in the event that such person fails to
pay the required penalties, fees, and costs, the court shall notify the
Commissioner of the Department of Motor Vehicles, who shall, 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, 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 of the Department of Motor Vehicles that
such penalties, fees, and costs 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. The HOT lanes operator and the Commissioner of the Department of
Motor Vehicles may enter into an agreement whereby the HOT lanes operator may
reimburse the Department of Motor Vehicles for its reasonable costs to develop,
implement, and maintain this enforcement mechanism, and that specifies that the
Commissioner of the Department of Motor Vehicles shall have an obligation to
suspend such registration certificates or to provide notice to such entities
in other states so long as the HOT lanes operator makes the required
reimbursements in a timely manner in accordance with the agreement.
d. e. An action brought under subdivision 1 or 2
shall be commenced within two years of the commission of the offense and shall
be considered a traffic infraction. Except as provided in subdivisions 4
and 5, imposition of a civil penalty pursuant to this section shall not be
deemed a conviction as an operator of a motor vehicle under Title 46.2 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. The provisions of §46.2-395
shall not be applicable to any civil penalty, fee, unpaid toll, fine, or cost
imposed or ordered paid under this section for a violation of subdivision 1 or
2.
4. a. The HOT lanes operator may restrict the usage of the HOT
lanes to designated vehicle classifications pursuant to an interim or final
comprehensive agreement executed pursuant to §33.2-1808 or 33.2-1809. Notice
of any such vehicle classification restrictions shall be provided through the
placement of signs or other markers prior to and at all HOT lanes entrances.
b. Any person driving an unauthorized vehicle on the
designated HOT lanes is guilty of a traffic infraction, which shall not be a
moving violation, and shall be punishable as follows: for a first offense, by a
fine of $125; for a second offense within a period of five years from a first
offense, by a fine of $250; for a third offense within a period of five years
from a first offense, by a fine of $500; and for a fourth and subsequent
offense within a period of five years from a first offense, by a fine of
$1,000. No person shall be subject to prosecution under both this
subdivision and subdivision 1 or 2 for actions arising out of the same
transaction or occurrence.
Upon a conviction under this subdivision, the court shall
furnish to the Commissioner of the Department of Motor Vehicles, in accordance
with §46.2-383, an abstract of the record of such conviction, which shall
become a part of the person's driving record. Notwithstanding the provisions of
§46.2-492, no driver demerit points shall be assessed for any violation of
this subdivision, except that persons convicted of a second, third, fourth, or
subsequent violation within five years of a first offense shall be assessed
three demerit points for each such violation.
5. The driver operator of a vehicle who enters
the HOT lanes by crossing through any barrier, buffer, or other area separating
the HOT lanes from other lanes of travel is guilty of a violation of §
46.2-852, unless the vehicle is a state or local law-enforcement vehicle,
firefighting truck, or emergency medical services vehicle used in the
performance of its official duties. No person shall be subject to prosecution
both under this subdivision and under subdivision 1, 2, or 4 for actions
arising out of the same transaction or occurrence.
Upon a conviction under this subdivision, the court shall
furnish to the Commissioner of the Department of Motor Vehicles in accordance
with §46.2-383 an abstract of the record of such conviction, which shall
become a part of the convicted person's driving record.
6. No person shall be subject to prosecution both under this
section and under §33.2-501, 46.2-819, or 46.2-819.1 for actions arising out
of the same transaction or occurrence.
7. Any action under this section shall be brought in the
general district court of the county or city in which the violation occurred.
§33.2-504. Release of personal information to or by HOT lanes
operators; penalty.
A. The HOT lanes operator 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
registered owners of vehicles that use HOT lanes and with the Department of
Transportation to obtain any information that is necessary to conduct
electronic toll collection and otherwise operate HOT lanes. 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. No HOT lanes operator shall disclose or release any personal
information received from the Department of Motor Vehicles or the Department of
Transportation to any third party, except in the issuance of a summons and
institution of court proceedings in accordance with §33.2-503. Information in
the possession of a HOT lanes operator under this section shall be exempt from
disclosure under the Virginia Freedom of Information Act (§2.2-3700 et seq.).
B. Information collected by a photo-enforcement system 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-enforcement system shall be used exclusively for the collection of unpaid
tolls and shall not be (i) open to the public; (ii) sold or used for sales,
solicitation, or marketing purposes; (iii) 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; or (iv) used in a
court in a pending action or proceeding unless the action or proceeding relates
to a violation of §33.2-503 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, or civil penalties. Any entity operating a
photo-enforcement 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 constitutes
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.
§33.2-615. Electronic notification of unpaid tolls.
For the purpose of electronic notification of unpaid tolls,
the Department shall request email addresses and personal cell phone numbers
from all holders of an account for an electronic toll collection device that is
the property of the Commonwealth.
The Department shall electronically notify within 108 hours
of an unpaid toll a holder of an account for an electronic toll collection
device that is property of the Commonwealth of each unpaid toll associated with
the account and each unpaid toll for a vehicle whose license plate is
associated with an account. The Department shall provide a second electronic
notification on the eighth day after the unpaid toll. Such notification
requirements shall only apply to accounts where the account holder has provided
the Department with an email address or cell phone number. Such notification
shall be for informational purposes only and the notice, or lack thereof, shall
not alter or amend the requirement that an owner or operator pay all required
tolls, fines, penalties, and fees.
All toll operators in the Commonwealth shall notify the
Department of an unpaid toll on a facility it operates related to an account
for an electronic toll collection device that is the property of the
Commonwealth within 96 hours of such violation.
§46.2-208. Records of Department; when open for inspection;
release of privileged information.
A. All records in the office of the Department containing the
specific classes of information outlined below shall be considered privileged
records:
1. Personal information, including all data defined as
"personal information" in §2.2-3801;
2. Driver information, including all data that relates to
driver's license status and driver activity; and
3. Vehicle information, including all descriptive vehicle data
and title, registration, and vehicle activity data.
B. The Commissioner shall release such information only under
the following conditions:
1. Notwithstanding other provisions of this section, medical
data included in personal data shall be released only to a physician, physician
assistant, or nurse practitioner as provided in §46.2-322.
2. Insurance data may be released as specified in §§46.2-372,
46.2-380, and 46.2-706.
3. Notwithstanding other provisions of this section,
information disclosed or furnished shall be assessed a fee as specified in §
46.2-214.
4. When the person requesting the information is (i) the
subject of the information, (ii) the parent or guardian of the subject of the
information, (iii) the authorized representative of the subject of the
information, or (iv) the owner of the vehicle that is the subject of the
information, the Commissioner shall provide him with the requested information
and a complete explanation of it. Requests for such information need not be
made in writing or in person and may be made orally or by telephone, provided
that the Department is satisfied that there is adequate verification of the
requester's identity. When so requested in writing by (a) the subject of the
information, (b) the parent or guardian of the subject of the information, (c)
the authorized representative of the subject of the information, or (d) the owner
of the vehicle that is the subject of the information, the Commissioner shall
verify and, if necessary, correct the personal information provided and furnish
driver and vehicle information in the form of an abstract of the record.
5. On the written request of any insurance carrier, surety, or
representative of an insurance carrier or surety, the Commissioner shall
furnish such insurance carrier, surety, or representative an abstract of the
record of any person subject to the provisions of this title. The abstract
shall include any record of any conviction of a violation of any provision of
any statute or ordinance relating to the operation or ownership of a motor
vehicle or of any injury or damage in which he was involved and a report of
which is required by §46.2-372. No such report of any conviction or accident
shall be made after 60 months from the date of the conviction or accident
unless the Commissioner or court used the conviction or accident as a reason
for the suspension or revocation of a driver's license or driving privilege, in
which case the revocation or suspension and any conviction or accident
pertaining thereto shall not be reported after 60 months from the date that the
driver's license or driving privilege has been reinstated. This abstract shall
not be admissible in evidence in any court proceedings.
6. On the written request of any business organization or its
agent, in the conduct of its business, the Commissioner shall compare personal
information supplied by the business organization or agent with that contained
in the Department's records and, when the information supplied by the business
organization or agent is different from that contained in the Department's
records, provide the business organization or agent with correct information as
contained in the Department's records. Personal information provided under this
subdivision shall be used solely for the purpose of pursuing remedies that
require locating an individual.
7. The Commissioner shall provide vehicle information to any business
organization or agent on such business' or agent's written request. Disclosures
made under this subdivision shall not include any personal information and
shall not be subject to the limitations contained in subdivision 6.
8. On the written request of any motor vehicle rental or
leasing company or its designated agent, the Commissioner shall (i) compare
personal information supplied by the company or agent with that contained in
the Department's records and, when the information supplied by the company or
agent is different from that contained in the Department's records, provide the
company or agent with correct information as contained in the Department's
records and (ii) provide the company or agent with driver information in the
form of an abstract of any person subject to the provisions of this title. Such
abstract shall include any record of any conviction of a violation of any
provision of any statute or ordinance relating to the operation or ownership of
a motor vehicle or of any injury or damage in which the subject of the abstract
was involved and a report of which is required by §46.2-372. No such abstract
shall include any record of any conviction or accident more than 60 months
after the date of such conviction or accident unless the Commissioner or court
used the conviction or accident as a reason for the suspension or revocation of
a driver's license or driving privilege, in which case the revocation or
suspension and any conviction or accident pertaining thereto shall cease to be
included in such abstract after 60 months from the date on which the driver's
license or driving privilege was reinstated. No abstract released under this
subdivision shall be admissible in evidence in any court proceedings.
9. On the request of any federal, state, or local governmental
entity, local government group self-insurance pool, law-enforcement officer,
attorney for the Commonwealth, court, or the authorized agent of any of the
foregoing, the Commissioner shall (i) compare personal information supplied by
the governmental entity, local government group self-insurance pool,
law-enforcement officer, attorney for the Commonwealth, court, or the
authorized agent of any of the foregoing, with that contained in the
Department's records and, when the information supplied by the governmental
entity, local government group self-insurance pool, law-enforcement officer,
attorney for the Commonwealth, court, or the authorized agent of any of the
foregoing, is different from that contained in the Department's records, provide
the governmental entity, local government group self-insurance pool,
law-enforcement officer, attorney for the Commonwealth, court, or the
authorized agent of any of the foregoing, with correct information as contained
in the Department's records and (ii) provide driver and vehicle information in
the form of an abstract of the record showing all convictions, accidents,
driver's license suspensions or revocations, and other appropriate information
as the governmental entity, local government group self-insurance pool,
law-enforcement officer, attorney for the Commonwealth, court, or the
authorized agent of any of the foregoing, may require in order to carry out its
official functions. The abstract shall be provided free of charge.
10. On request of the driver licensing authority in any other
state or foreign country, the Commissioner shall provide whatever classes of
information the requesting authority shall require in order to carry out its
official functions. The information shall be provided free of charge.
11. On the written request of any employer, prospective
employer, or authorized agent of either, and with the written consent of the
individual concerned, the Commissioner shall (i) compare personal information
supplied by the employer, prospective employer, or agent with that contained in
the Department's records and, when the information supplied by the employer,
prospective employer, or agent is different from that contained in the
Department's records, provide the employer, prospective employer, or agent with
correct information as contained in the Department's records and (ii) provide
the employer, prospective employer, or agent with driver information in the
form of an abstract of an individual's record showing all convictions,
accidents, driver's license suspensions or revocations, and any type of
driver's license that the individual currently possesses, provided that the
individual's position or the position that the individual is being considered
for involves the operation of a motor vehicle.
12. On the written request of any member of or applicant for
membership in a volunteer fire company or any volunteer emergency medical
services personnel or applicant to serve as volunteer emergency medical
services personnel, the Commissioner shall (i) compare personal information
supplied by the volunteer fire company or volunteer emergency medical services
agency with that contained in the Department's records and, when the
information supplied by the volunteer fire company or volunteer emergency medical
services agency is different from that contained in the Department's records,
provide the volunteer fire company or volunteer emergency medical services
agency with correct information as contained in the Department's records and
(ii) provide driver information in the form of an abstract of the member's,
personnel, or applicant's record showing all convictions, accidents, license
suspensions or revocations, and any type of driver's license that the
individual currently possesses. Such abstract shall be provided free of charge
if the request is accompanied by appropriate written evidence that the person
is a member of or applicant for membership in a volunteer fire company or a
volunteer emergency medical services agency to serve as a member of a volunteer
emergency medical services agency and the abstract is needed by a volunteer
fire company or volunteer emergency medical services agency to establish the
qualifications of the member, volunteer, or applicant to operate equipment
owned by the volunteer fire company or volunteer emergency medical services
agency.
13. On the written request of any person who has applied to be
a volunteer with a Virginia affiliate of Big Brothers/Big Sisters of America,
the Commissioner shall (i) compare personal information supplied by a Virginia
affiliate of Big Brothers/Big Sisters of America with that contained in the
Department's records and, when the information supplied by a Virginia affiliate
of Big Brothers/Big Sisters of America is different from that contained in the
Department's records, provide the Virginia affiliate of Big Brothers/Big
Sisters of America with correct information as contained in the Department's
records and (ii) provide driver information in the form of an abstract of the
applicant's record showing all convictions, accidents, license suspensions or
revocations, and any type of driver's license that the individual currently
possesses. Such abstract shall be provided at a fee that is one-half the normal
charge if the request is accompanied by appropriate written evidence that the
person has applied to be a volunteer with a Virginia affiliate of Big
Brothers/Big Sisters of America.
14. On the written request of any person who has applied to be
a volunteer with a court-appointed special advocate program pursuant to §
9.1-153, the Commissioner shall provide an abstract of the applicant's record
showing all convictions, accidents, license suspensions or revocations, and any
type of driver's license that the individual currently possesses. Such abstract
shall be provided free of charge if the request is accompanied by appropriate
written evidence that the person has applied to be a volunteer with a
court-appointed special advocate program pursuant to §9.1-153.
15. Upon the request of any employer, prospective employer, or
authorized representative of either, the Commissioner shall (i) compare
personal information supplied by the employer, prospective employer, or agent
with that contained in the Department's records and, when the information
supplied by the employer, prospective employer, or agent is different from that
contained in the Department's records, provide the employer, prospective
employer, or agent with correct information as contained in the Department's
records and (ii) provide driver information in the form of an abstract of the
driving record of any individual who has been issued a commercial driver's
license, provided that the individual's position or the position that the
individual is being considered for involves the operation of a commercial motor
vehicle. Such abstract shall show all convictions, accidents, license
suspensions, revocations, or disqualifications, and any type of driver's
license that the individual currently possesses.
16. Upon the receipt of a completed application and payment of
applicable processing fees, the Commissioner may enter into an agreement with
any governmental authority or business to exchange information specified in
this section by electronic or other means.
17. Upon the request of an attorney representing a person in a
motor vehicle accident, the Commissioner shall provide vehicle information,
including the owner's name and address, to the attorney.
18. Upon the request, in the course of business, of any
authorized representative of an insurance company or of any not-for-profit
entity organized to prevent and detect insurance fraud, or perform rating and
underwriting activities, the Commissioner shall provide to such person (i) all
vehicle information, including the owner's name and address, descriptive data and
title, registration, and vehicle activity data as requested or (ii) all driver
information including name, license number and classification, date of birth,
and address information for each driver under the age of 22 licensed in the
Commonwealth of Virginia meeting the request criteria designated by such
person, with such request criteria consisting of driver's license number or
address information. No such information shall be used for solicitation of
sales, marketing, or other commercial purposes.
19. Upon the request of an officer authorized to issue
criminal warrants, for the purpose of issuing a warrant for arrest for unlawful
disposal of trash or refuse in violation of §33.2-802 the Commissioner shall
provide vehicle information, including the owner's name and address.
20. Upon written request of the compliance agent of a private
security services business, as defined in §9.1-138, which is licensed by the
Department of Criminal Justice Services, the Commissioner shall provide the
name and address of the owner of the vehicle under procedures determined by the
Commissioner.
21. Upon the request of the operator of a toll facility or
traffic light photo-monitoring system acting on behalf of a government entity,
or of the Dulles Access Highway, or an authorized agent or employee of a toll
facility operator or traffic light photo-monitoring system operator acting on
behalf of a government entity or the Dulles Access Highway, for the purpose of
obtaining vehicle owner data under subsection L M of §46.2-819.1
or subsection H of §15.2-968.1 or subsection N of §46.2-819.5. Information
released pursuant to this subdivision shall be limited to the name and address
of the registered owner of the vehicle having failed to pay a toll or
having failed to comply with a traffic light signal or having improperly used
the Dulles Access Highway and the vehicle information, including all
descriptive vehicle data and title and registration data of the same vehicle.
22. On the written request of any person who has applied to be
a volunteer with a Virginia affiliate of Compeer, the Commissioner shall (i)
compare personal information supplied by a Virginia affiliate of Compeer with
that contained in the Department's records and, when the information supplied
by a Virginia affiliate of Compeer is different from that contained in the
Department's records, provide the Virginia affiliate of Compeer with correct
information as contained in the Department's records and (ii) provide driver
information in the form of an abstract of the applicant's record showing all
convictions, accidents, license suspensions or revocations, and any type of
driver's license that the individual currently possesses. Such abstract shall
be provided at a fee that is one-half the normal charge if the request is
accompanied by appropriate written evidence that the person has applied to be a
volunteer with a Virginia affiliate of Compeer.
23. Upon the request of the Department of Environmental
Quality for the purpose of obtaining vehicle owner data in connection with
enforcement actions involving on-road testing of motor vehicles, pursuant to §
46.2-1178.1.
24. On the written request of any person who has applied to be
a volunteer vehicle operator with a Virginia chapter of the American Red Cross,
the Commissioner shall (i) compare personal information supplied by a Virginia
chapter of the American Red Cross with that contained in the Department's
records and, when the information supplied by a Virginia chapter of the
American Red Cross is different from that contained in the Department's
records, provide the Virginia chapter of the American Red Cross with correct
information as contained in the Department's records and (ii) provide driver
information in the form of an abstract of the applicant's record showing all convictions,
accidents, license suspensions or revocations, and any type of driver's license
that the individual currently possesses. Such abstract shall be provided at a
fee that is one-half the normal charge if the request is accompanied by
appropriate written evidence that the person has applied to be a volunteer
vehicle operator with a Virginia chapter of the American Red Cross.
25. On the written request of any person who has applied to be
a volunteer vehicle operator with a Virginia chapter of the Civil Air Patrol,
the Commissioner shall (i) compare personal information supplied by a Virginia
chapter of the Civil Air Patrol with that contained in the Department's records
and, when the information supplied by a Virginia chapter of the Civil Air
Patrol is different from that contained in the Department's records, provide
the Virginia chapter of the Civil Air Patrol with correct information as
contained in the Department's records and (ii) provide driver information in
the form of an abstract of the applicant's record showing all convictions,
accidents, license suspensions or revocations, and any type of driver's license
that the individual currently possesses. Such abstract shall be provided at a
fee that is one-half the normal charge if the request is accompanied by
appropriate written evidence that the person has applied to be a volunteer
vehicle operator with a Virginia chapter of the Civil Air Patrol.
26. On the written request of any person who has applied to be
a volunteer vehicle operator with Faith in Action, the Commissioner shall (i)
compare personal information supplied by Faith in Action with that contained in
the Department's records and, when the information supplied by Faith in Action
is different from that contained in the Department's records, provide Faith in
Action with correct information as contained in the Department's records and
(ii) provide driver information in the form of an abstract of the applicant's
record showing all convictions, accidents, license suspensions or revocations, and
any type of driver's license that the individual currently possesses. Such
abstract shall be provided at a fee that is one-half the normal charge if the
request is accompanied by appropriate written evidence that the person has
applied to be a volunteer vehicle operator with Faith in Action.
27. On the written request of the surviving spouse or child of
a deceased person or the executor or administrator of a deceased person's
estate, the Department shall, if the deceased person had been issued a driver's
license or special identification card by the Department, supply the requestor
with a hard copy image of any photograph of the deceased person kept in the
Department's records.
28. On the written request of any person who has applied to be
a volunteer with a Virginia Council of the Girl Scouts of the USA, the
Commissioner shall (i) compare personal information supplied by a Virginia
Council of the Girl Scouts of the USA with that contained in the Department's
records and, when the information supplied by a Virginia Council of the Girl
Scouts of the USA is different from that contained in the Department's records,
provide a Virginia Council of the Girl Scouts of the USA with correct
information as contained in the Department's records and (ii) provide driver information
in the form of an abstract of the applicant's record showing all convictions,
accidents, license suspensions or revocations, and any type of driver's license
that the individual currently possesses. Such abstract shall be provided at a
fee that is one-half the normal charge if the request is accompanied by
appropriate written evidence that the person has applied to be a volunteer with
the Virginia Council of the Girl Scouts of the USA.
C. Whenever the Commissioner issues an order to suspend or revoke
the driver's license or driving privilege of any individual, he may notify the
National Driver Register Service operated by the United States Department of
Transportation and any similar national driver information system and provide
whatever classes of information the authority may require.
D. Accident reports may be inspected under the provisions of
§§46.2-379 and 46.2-380.
E. Whenever the Commissioner takes any licensing action
pursuant to the provisions of the Virginia Commercial Driver's License Act (§
46.2-341.1 et seq.), he may provide information to the Commercial Driver
License Information System, or any similar national commercial driver
information system, regarding such action.
F. In addition to the foregoing provisions of this section, vehicle
information may also be inspected under the provisions of §§46.2-633,
46.2-644.02, 46.2-644.03, and §§46.2-1200.1 through 46.2-1237.
G. The Department may promulgate regulations to govern the means
by which personal, vehicle, and driver information is requested and
disseminated.
H. Driving records of any person accused of an offense
involving the operation of a motor vehicle shall be provided by the
Commissioner upon request to any person acting as counsel for the accused. If
such counsel is from the public defender's office or has been appointed by the
court, such records shall be provided free of charge.
I. The Department shall maintain the records of persons
convicted of violations of §18.2-36.2, subsection B of §29.1-738, and §§
29.1-738.02, 29.1-738.2, and 29.1-738.4 which shall be forwarded by every
general district court or circuit court or the clerk thereof, pursuant to §
46.2-383. Such records shall be electronically available to any law-enforcement
officer as provided for under clause (ii) of subdivision B 9.
J. Whenever the Commissioner issues a certificate of title for
a motor vehicle, he may notify the National Motor Vehicle Title Information
System, or any other nationally recognized system providing similar
information, or any entity contracted to collect information for such system,
and may provide whatever classes of information are required by such system.
Article 1.1.
Toll Violations and Enforcement.
§46.2-819. Use of toll facility without payment of toll;
circumstances to be considered in assessing penalty.
Except for those permitted free use of toll facilities under §
33.2-613, it shall be is unlawful for the driver
operator of a motor vehicle to use a toll facility without payment of the
specified toll.
However, in considering the case of anyone accused of
violating this section, the court shall take into consideration (i) except for
lanes equipped for payment of tolls through an automatic vehicle identification
system, whether the toll booth or collection facility at which the defendant
failed to pay the toll was manned at the time,; (ii) whether the
defendant was required to pay the toll with the exact amount in change,;
(iii) whether the defendant had the exact change to make the payment,;
and (iv) whether the defendant had been afforded appropriate advance notice, by
signs or other means, that he would be required to pay a toll and pay it with
the exact change. No person shall be subject to both prosecution under this
section and to the provisions of §46.2-819.1 or § 46.2-819.3 for
actions arising out of the same transaction or occurrence.
§46.2-819.1. Installation and use of photo-monitoring system
or automatic vehicle identification system in conjunction with electronic or
manual toll facilities; penalty.
A. For purposes of this section:
"Automatic vehicle identification device" means
an electronic device that communicates by wireless transmission with an
automatic vehicle identification system.
"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.
"Debt collection" means "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.
"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.
"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.
"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. 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 registered 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.
B. C. Information collected by a
photo-monitoring system or automatic vehicle identification system installed
and operated pursuant to subsection A 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.
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 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 30 60
days of notification, the administrative fee shall not exceed $25.
C. D. If the matter proceeds to court, the
registered 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. 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.
D. G. Any action under this section shall be
brought in the General District Court general district court of
the city or 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 but shall be tried as a
civil case. 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.
E. H. 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 Virginia Department of
Transportation.
F. It shall be prima facie evidence that the vehicle
described in the summons issued pursuant to subsection K was operated in
violation of this section.
I. 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 of the vehicle as
shown on the records of the Department of Motor Vehicles 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.
Upon a finding by a court of competent jurisdiction that the
vehicle described in the summons issued pursuant to this subsection K
was in violation of this section, the court shall impose a civil penalty upon
the registered owner or operator of such vehicle in accordance with the
amounts specified in subsection C 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 Virginia
Department of Transportation shall be remanded by the clerk of the court
which that adjudicated the action to the Virginia 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
Virginia Department of Transportation shall be remanded by the clerk of the
court which 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 registered owner of such vehicle shall be given
reasonable notice by way of a summons as provided in this subsection
K 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 registered owner
of the vehicle, and the court shall dismiss upon such motion.
It 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 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 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 registered owner
of the vehicle stating that he was not the driver 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.
In any action against a vehicle operator, an affidavit made by
the registered 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 registered 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 registered owner of the vehicle.
G. J. 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 F 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 Virginia 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 Virginia 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 registered
owner or operator of the vehicle to defray the cost of processing and removing
an order to deny registration or registration renewal.
H. For purposes of this section, "operator of a toll
facility other than the Virginia Department of Transportation" means any
agency, political subdivision, authority, or other entity that operates a toll
facility; "owner" means the registered owner of a vehicle on record
with the Department of Motor Vehicles. For purposes of this section,
"owner" does not mean a vehicle rental or vehicle leasing company;
"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; "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; and "automatic vehicle identification device" means
an electronic device that communicates by wireless transmission with an
automatic vehicle identification system.
I. K. 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.
J. 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. The provisions of §46.2-395 shall not be
applicable to any civil penalty, fee, unpaid toll, fine, or cost imposed
or ordered paid under this section for a violation of this section.
K. On a form prescribed by the Supreme Court, a summons for
a violation of this section may be executed pursuant to §19.2-76.2. Toll
facility personnel or their agents mailing such summons shall be considered
conservators of the peace for the sole and limited purpose of mailing such
summons. 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 of the vehicle as shown on the records of the
Department of Motor Vehicles or, if the registered 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 F, such named operator of the
vehicle. 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.
L. M. 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 subsection B of §46.2-208, to
obtain vehicle owner information regarding the registered owners of
vehicles that fail to pay tolls required for the use of toll facilities and
with the Virginia 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 B C.
M. N. 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.
§46.2-819.3. Use of toll facility without payment of toll;
enforcement; penalty.
A. For purposes of this section:
"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.
"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.
"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. 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 C F
remains unpaid after 30 days. The person who executed the written promise to
pay pursuant to subsection C 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 30 60 days of notification, the
administrative fee shall not exceed $25.
B. 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.
C. F. A written promise to pay an unpaid toll
within a specified period of time executed by the driver 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.
D. G. The operator of a toll facility may
shall send an invoice or bill to the driver 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 city or 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 but shall be tried as a civil case. 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.
E. H. Upon a finding by a court of competent jurisdiction
that the driver operator of a motor vehicle identified in the
summons issued pursuant to subsection I J was in violation of
this section, the court shall impose a civil penalty upon the driver
operator of a motor vehicle in accordance with the amounts specified in
subsection B 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 Virginia Department of Transportation
shall be remanded by the clerk of the court which that
adjudicated the action to the Virginia 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 Virginia
Department of Transportation shall be remanded by the clerk of the court
which 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.
F. 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 registered 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 §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.
G. 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 §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.
H. For purposes of this section, "operator of a toll
facility other than the Virginia Department of Transportation" means any
agency, political subdivision, authority, or other entity that operates a toll
facility.
I. 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. The provisions of §46.2-395 shall not be
applicable to any civil penalty, fee, unpaid toll, fine, or cost imposed
or ordered paid under this section for a violation of this section.
J. A summons for a violation of this section may be
executed pursuant to §19.2-76.2. Toll facility personnel or their agents
mailing such summons shall be considered conservators of the peace for the sole
and limited purpose of mailing such summons. 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 driver of a motor
vehicle as shown on the written promise to pay executed pursuant to subsection
C or records of the Department of Motor Vehicles. 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.
K. M. 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.
§46.2-819.3:1. Installation and use of video-monitoring
system and automatic vehicle identification system in conjunction with
all-electronic toll facilities; penalty.
A. For purposes of this section:
"Automatic vehicle identification device" means
an electronic device that communicates by wireless transmission with an
automatic vehicle identification system.
"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.
"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.
"Operator" 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.
"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.
"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 mean a vehicle rental or vehicle
leasing company.
"Video-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. 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 §46.2-819.6 to the registered
owner of a vehicle as part of a video-monitoring toll collection process, prior
to seeking remedies under this section.
B. C. Information collected by a
video-monitoring system in conjunction with an automatic vehicle identification
system installed and operated pursuant to subsection A 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' 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 30 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 driver
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 §
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 K I and may not seek withholding of
registration or renewal thereof under subsection G L until a
court of competent jurisdiction has found the alleged violator liable for tolls
under this section.
C. D. If the matter proceeds to court, the
registered 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.
D. G. Any action under this section shall be
brought in the general district court of the city or 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 but shall be tried as a civil case. 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.
E. 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 Virginia Department of
Transportation.
F. It shall be prima facie evidence that the vehicle
described in the summons issued pursuant to subsection K was operated in
violation of this section.
I. 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 subdivision may set forth multiple violations
occurring within one jurisdiction. Notwithstanding the provisions of §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 of the vehicle as
shown on the records of the Department 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 §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 K
I was in violation of this section, the court shall impose a civil penalty
upon the registered owner or operator of such vehicle in accordance with
the amounts specified in subsection C 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 Virginia Department of
Transportation shall be remanded by the clerk of the court that adjudicated the
action to the Virginia 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 Virginia 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 registered owner of such vehicle shall be given
reasonable notice by way of a summons as provided in subsection K 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 §46.2-215 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 registered 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
driver 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 registered 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 registered 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 registered owner of the vehicle.
G. 1. 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 §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 F 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 §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 Virginia 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 Virginia 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 registered
owner or operator of the vehicle to defray the cost of processing and removing
an order to deny registration or registration renewal.
2. L. If an owner of a vehicle has received at
least one invoice for two or more unpaid tolls in accordance with §46.2-819.6
by certified mail 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 F
J as the operator has received at least one invoice for two or more unpaid
tolls in accordance with §46.2-819.6 by certified mail and such person has
(i) (a) failed to pay the unpaid tolls and administrative fees and
(ii) (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 §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'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's address as maintained
in the records of the Department shall be deemed sufficient.
H. For purposes of this section, "operator" 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; "operator of a toll facility other
than the Virginia Department of Transportation" means any agency,
political subdivision, authority, or other entity that operates a toll
facility; "owner" means the registered owner of a vehicle on record
with the Department or, in the case of a vehicle where the owner of the vehicle
is a vehicle leasing entity, the lessee. For purposes of this section,
"owner" does not mean a vehicle rental or vehicle leasing company;
"video-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; "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; and "automatic vehicle identification device" means
an electronic device that communicates by wireless transmission with an
automatic vehicle identification system.
I. 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 (§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.
J. 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. The provisions of §46.2-395 shall not be
applicable to any civil penalty, fee, unpaid toll, fine, or cost imposed or
ordered paid under this section for a violation of this section.
K. On a form prescribed by the Supreme Court, a summons for
a violation of this section may be executed pursuant to §19.2-76.2. Toll
facility personnel or their agents mailing such summons shall be considered
conservators of the peace for the sole and limited purpose of mailing such
summons. Notwithstanding the provisions of §19.2-76, a summons or summonses
for a violation of unpaid tolls may be executed by mailing by first-class mail
a copy thereof to the address of the owner of the vehicle as shown on the
records of the Department or, if the registered 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 F, such named operator of the
vehicle. 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.
L. 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 registered owner
of the vehicle, and the court shall dismiss upon such motion.
M. 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 §46.2-208, to obtain vehicle owner information regarding
the registered owners of vehicles that fail to pay tolls required for
the use of toll facilities and with the Virginia 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 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 B C.
N. Q. 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.
§46.2-819.5. Enforcement through use of photo-monitoring
system or automatic vehicle identification system in conjunction with usage of
Dulles Access Highway.
A. For purposes of this section:
"Authority" means the Metropolitan Washington
Airports Authority (§5.1-152 et seq.).
"Automatic vehicle identification device" means
an electronic device that communicates by wireless transmission with an
automatic vehicle identification system.
"Automatic vehicle identification system" means
an electronic vehicle identification system that automatically produces an
electronic record of each vehicle equipped with an automatic vehicle
identification device that uses monitored portions of the Dulles Access
Highway.
"Operator of the Dulles Access Highway" means the
Metropolitan Washington Airports Authority (§5.1-152 et seq.).
"Owner" means the registered owner of a vehicle
on record with the Department of Motor Vehicles or with the equivalent agency
in another state.
"Photo-monitoring system" means equipment that
produces one or more photographs, microphotographs, videotapes, or other
recorded images of vehicles at the time they are used or operated in violation
of the Authority regulation governing the use of the Dulles Access Highway.
B. A photo-monitoring system or automatic vehicle
identification system established at locations along the Dulles Access Highway,
in order to identify vehicles that are using the Dulles Access Highway in
violation of the Metropolitan Washington Airports Authority
(Authority) regulation regarding usage, which makes violations of the
regulation subject to civil penalties, shall be administered in accordance with
this section. The civil penalties for violations of such regulation may not
exceed the following: $50 for the first violation; $100 for a second violation
within one year from the first violation; $250 for a third violation within two
years from the second violation; and $500 for a fourth and any subsequent
violation within three years from the second violation. In the event a
violation of the Authority regulation is identified via the photo-monitoring
system or automatic vehicle identification system, the operator of the Dulles
Access Highway shall send a notice of the violation, of the applicable
civil penalty and of any administrative fee calculated in accordance with
subsection C D to the registered owner of the vehicle
identified by the system prior to seeking further remedies under this section.
Upon receipt of the notice, the registered owner of the vehicle may
elect to avoid any action by the operator to enforce the violation in court by
waiving his right to a court hearing, pleading guilty to the violation, and
paying a reduced civil penalty along with any applicable administrative fee to
the operator. Should the recipient of the notice make such an election, the
amount of the reduced civil penalty shall be as follows: $30 for the first
violation; $50 for a second violation within one year from the first violation;
$125 for a third violation within two years from the second violation; and $250
for a fourth and any subsequent violations within three years from the second
violation.
B. C. Information collected by the
photo-monitoring system or automatic vehicle identification system referenced
in subsection A B shall be limited exclusively to that
information that is necessary for identifying those drivers operators
who improperly use the Dulles Access Highway in violation of the Authority
regulation. 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 identification of violators and shall not (i) be open
to the public; (ii) be sold or used for sales, solicitation, or marketing
purposes; (iii) be disclosed to any other entity except as may be necessary for
the identification of violators or to a vehicle owner or operator of
a vehicle as part of a challenge to the imposition of a civil penalty; or
(iv) be used in a court in a pending action or proceeding unless the action or
proceeding relates to a violation of the Authority regulation governing usage
of the Dulles Access Highway or upon order from a court of competent
jurisdiction. Information collected by the system shall be protected in a
database with security comparable to that of the Department of Motor Vehicles'
system, and be purged and not retained later than 30 days after the collection
and reconciliation of any civil penalties and administrative fees. The operator
of the Dulles Access Highway shall annually certify compliance with this
subsection 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 subsection shall be forfeited to the
Commonwealth.
C. D. The operator of the Dulles Access Highway
may impose and collect an administrative fee, in addition to the civil penalty
established by regulation, so as to recover the expenses of collecting the
civil penalty, which administrative fee shall be reasonably related to the
actual cost of collecting the civil penalty and shall not exceed $100 per
violation. Such fee shall not be levied upon the operator of the vehicle until
a second violation has been documented within 12 months of an initial
violation, in which case the fee shall apply to such second violation and to
any additional violation occurring thereafter. If the recipient of the notice
referenced in subsection A B makes the election provided by that
subsection, the administrative fee shall not exceed $25.
D. E. If the election provided for in subsection
A B is not made, the operator of the Dulles Access Highway may
proceed to enforce the violation in court. If the matter proceeds to court, the
registered owner or operator of a vehicle shall be liable for the civil
penalty set out in the Authority regulation governing usage of the Dulles
Access Highway, any applicable administrative fees calculated in accordance
with subsection C D 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 the Dulles Access Highway in violation of the Authority regulation;,
provided, that the civil penalty may not exceed the amount of the
penalty identified in subsection A B.
E. F. Any action under this section shall be
brought in the General District Court general district court of
the county or city in which the violation occurred and shall be
commenced within two years from the commission of the offense. Such
action shall be considered a traffic infraction.
F. G. Proof of a violation of the Authority
regulation governing the use of the Dulles Access Highway shall be evidenced by
information obtained from the photo-monitoring system or automatic vehicle
identification system referenced in subsection A B. A
certificate, sworn to or affirmed by a technician employed or authorized by the
operator of the Dulles Access Highway, or a facsimile of such a certificate,
that is based on inspection of photographs, microphotographs, videotapes, or
other recorded images or electronic data produced by the photo-monitoring
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.
G. H. A summons issued under this section, which
describes a vehicle that, on the basis of a certificate referenced in
subsection F G, is alleged to have been operated in violation of
the Authority regulation governing usage of the Dulles Access Highway, shall be
prima facie evidence that such vehicle was operated in violation of the
Authority regulation.
I. On a form prescribed by the Supreme Court, a summons for
a violation of the Authority regulation governing the use of the Dulles Access
Highway may be executed as provided in §19.2-76.2 by mailing by first-class
mail a copy thereof to the address of the owner of the vehicle as shown on the
records of the Department of Motor Vehicles or, if the owner or rental or
leasing company has named and provided a valid address for the operator of the
vehicle at the time of the violation as provided in this section, to the
address of 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
subsection, the summons shall be executed in the manner set out in §19.2-76.3.
H. J. Upon a finding by a court that the vehicle
described in the summons issued under this section was in violation of the
Authority regulation, the court shall impose a civil penalty upon the
registered owner or operator of such vehicle in accordance with the penalty
amounts specified in subsection D B, together with any applicable
court costs and applicable administrative fees calculated in accordance with
subsection C D. Civil penalties and administrative fees assessed as
a result of an action initiated under this section and collected by the court
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 operator of the Dulles Access Highway.
The registered owner of a vehicle shall be given
reasonable notice of an enforcement action in court by way of a summons that
informs the owner that his vehicle has been used in violation of the Authority
regulation governing the use of the Dulles Access Highway and of the time and
place of the court hearing, as well as of the civil penalty and court costs for
the violation. Upon the filing of an affidavit with the court at least 14 days
prior to the hearing date by the registered owner of the vehicle stating
that he was not the driver 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, a summons shall be issued to such alleged
operator of the vehicle.
In any action against such a vehicle operator, an affidavit
made by the registered 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 addressed in the affidavit.
If the registered owner of the vehicle produces 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 court shall dismiss the
summons issued to the registered owner of the vehicle.
I. K. Upon a finding by a court that a person
has three or more violations of the Authority regulation governing the use of
the Dulles Access Highway and has failed to pay the required civil penalties,
administrative fees and court costs into the court, the court shall notify the
Commissioner of the Department of Motor Vehicles, who shall refuse to issue or
renew any vehicle registration certificate to or for such person or the license
plate for the vehicle owned by such person until the court has notified the
Commissioner that such civil penalties, fees, and costs have been paid. The
Commissioner shall collect a $40 administrative fee from such person to defray
the cost of responding to court notices given pursuant to this subsection.
J. For purposes of this section, "operator of the
Dulles Access Highway" means the Metropolitan Washington Airports
Authority; "owner" means the registered owner of a vehicle on record
with the Department of Motor Vehicles; "photo-monitoring system"
means equipment that produces one or more photographs, microphotographs,
videotapes, or other recorded images of vehicles at the time they are used or
operated in violation of the Authority regulation governing the use of the
Dulles Access Highway; "automatic vehicle identification system"
means an electronic vehicle identification system that automatically produces
an electronic record of each vehicle equipped with an automatic vehicle
identification device that uses monitored portions of the Dulles Access
Highway; and "automatic vehicle identification device" means an
electronic device that communicates by wireless transmission with an automatic
vehicle identification system.
K. L. Any vehicle rental or vehicle leasing company,
if named in a summons, shall be released as a party to the action if it
provides the operator of the Dulles Access Highway with a copy of the vehicle
rental agreement or lease, or an affidavit that identifies the renter or
lessee, prior to the date of hearing set forth in the summons. Upon receipt of
such rental agreement, lease, or affidavit, a summons shall be issued to such
renter or lessee. 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.). In any action against the renter or lessee, a copy of
the vehicle rental agreement, lease, or affidavit identifying the renter or
lessee of the vehicle at the time of the violation shall be 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. M. Imposition of a civil penalty pursuant to
this section shall not be deemed a conviction as an operator and shall not be
made a 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. The provisions of §46.2-395 shall not be
applicable to any civil penalty, administrative fee, or cost imposed or ordered
paid under this section.
M. On a form prescribed by the Supreme Court, a summons for
a violation of the Authority regulation governing the use of the Dulles Access
Highway may be executed pursuant to §19.2-76.2. The operator of the Dulles
Access Highway or its personnel or agents mailing such summons shall be
considered conservators of the peace for the sole and limited purpose of
mailing such summons. Pursuant to §19.2-76.2, the summons for a violation of
the Authority regulation governing usage of the Dulles Access Highway may be
executed by mailing by first-class mail a copy thereof to the address of the
owner of the vehicle as shown on the records of the Department of Motor
Vehicles or, if the registered owner or rental or leasing company has named and
provided a valid address for the operator of the vehicle at the time of the violation
as provided in this section, to the address of such named operator of the
vehicle. 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. The operator of the Dulles Access Highway 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 registered owners of vehicles that improperly
use the Dulles Access Highway. Information provided to the operator of the
Dulles Access Highway shall only be used in the enforcement of the Authority
regulation governing use of the Dulles Access Highway, and the operator of
the Dulles Access Highway shall be subject to the same conditions and
penalties regarding release of the information as contained in subsection B
C.
O. Should other vehicle recognition technology become
available that is appropriate to be used for the purpose of monitoring improper
usage of the Dulles Access Highway, the operator of the Dulles Access Highway
shall be permitted to use any such technology that has been approved for use by
the Virginia State Police, the Commonwealth of Virginia, or any of its
localities.
P. All civil penalties paid to the operator of the Dulles
Access Highway pursuant to this section shall be used by the operator of the
Dulles Access Highway only for the operation and improvement of the Dulles
Corridor, including the Dulles Toll Road.
§46.2-819.6. Invoice for unpaid toll.
A. The operator of a toll facility shall send an invoice for
the unpaid toll pursuant to §46.2-819.7 subsection C to the
registered owner of the vehicle. An invoice for the unpaid toll shall contain
the following:
1. The name and address of the registered owner alleged to be
liable under this section;
2. The registration number of the motor vehicle involved in
such violation or information obtained from an automatic vehicle identification
system if the vehicle is identified by an automatic vehicle identification
system for the purpose of violation detection;
3. The location where such violation took place;
4. The date and time of such violation;
5. The amount of the toll not paid;
6. The amount of the administrative fee;
7. The date by which the toll and administrative fee must be
paid;
8. The statutory defenses available under this chapter,
including a notice of (i) the summoned person's ability to provide the name and
address of the vehicle operator at the time of the violation through the filing
of an affidavit as provided in §§33.2-503, 46.2-819.1, 46.2-819.3:1, and
46.2-819.5 and (ii) instructions for filing such affidavit, including the
address to which the affidavit is to be sent.;
9. A warning describing the penalties for nonpayment of the
invoice for the unpaid toll or failure to file a notice to contest liability
for the unpaid toll violation; and
10. The procedures and time limits for filing a notice to
contest liability for a an unpaid toll violation as
provided in subsection B C of §46.2-819.3:1.
B. The toll facility operator shall include with the invoice a
form to be used by the registered owner or operator of the vehicle to contest
liability for a an unpaid toll violation. This form shall
include the mailing address to which it should be sent.
C. Whenever an invoice for an unpaid toll is to be provided
to any person by the toll facility operator, it may be executed by mailing by
first-class mail a copy of the invoice to the address of the owner of the
vehicle as shown on the records of the Department.
§46.2-819.8. Toll grace period.
No registered owner or operator of a vehicle that has an
electronic toll collection device that is the property of the Commonwealth
whose vehicle is associated with such device and that has been used in
violation of §33.2-503, 46.2-819.1, 46.2-819.3, or 46.2-819.3:1 shall owe any
penalties, fees, or costs in addition to the unpaid toll unless the toll
operator or HOT lanes operator has attempted to process the collection of the
toll through the Commonwealth's electronic toll account system at least twice.
A toll operator shall make an attempt to process and collect an unpaid toll on
the sixth day after the unpaid toll and shall make an additional attempt on the
tenth day after the unpaid toll if earlier attempts to process and collect the
unpaid toll were unsuccessful.
§46.2-819.9. Agreements for enforcement of tolling
violations against nonresidents.
A. The Governor or his designee may enter into an agreement
on behalf of the Commonwealth with another state that provides for reciprocal
enforcement of HOT lanes violations or toll violations, in accordance with this
article and Chapter 5 (§33.2-500 et seq.) of Title 33.2, between the
Commonwealth and the other state.
B. Any agreement made under this section shall provide that
drivers and vehicles licensed or registered in the Commonwealth, while
operating on the highways and bridges of another state, shall receive benefits,
privileges, and exemptions of a similar kind with regard to toll enforcement as
are extended to the drivers and vehicles licensed or registered in the other
state while they are operating on the highways and bridges of the Commonwealth.
C. Any agreement made under this section shall provide for
enforcement of HOT lanes violations or toll violations by refusal or suspension
of the registration of the owner's or operator's motor vehicle in accordance
with the provisions of this article and Chapter 5 (§33.2-500 et seq.) of Title
33.2 for Virginia residents and enforcement of HOT lanes violations or toll
violations in accordance with the laws of the state in which the vehicle is
registered for nonresidents. Furthermore, such agreement shall provide that any
notice required to be sent between the Commonwealth and the other state for
enforcement under the provisions of the agreement shall be sent via electronic
means.
D. Any agreement made under this section shall provide that
any vehicle owner or operator identified as a violator pursuant to the terms of
the agreement shall be afforded the opportunity to challenge or otherwise
contest liability for the unpaid toll in accordance with the laws or
regulations of the state in which the violation occurred.
§46.2-819.10. Withholding of vehicle registration for
enforcement of out-of-state toll violations.
A. Upon receipt of notice from a state that has entered
into an agreement with the Commonwealth pursuant to §46.2-819.9 that a
resident of Virginia owes unpaid tolls, administrative fees, or penalties to
that state, the Commissioner shall refuse to issue or renew the vehicle
registration certificate or the license plate issued for a vehicle or vehicles
owned by such resident in accordance with this section until such state has
notified the Commissioner that such tolls, fees, or penalties have been paid.
If the resident is the owner and operator of the vehicle
used in the commission of the offense, the Commissioner shall refuse to issue
or renew the vehicle registration certificate or the license plate issued for
that vehicle. If the resident was the operator of the vehicle, but not the
owner, the Commissioner shall refuse to issue or renew any vehicle registration
certificate or license plates for any vehicle owned by the resident.
B. The Department shall send each resident identified
pursuant to subsection A notice of the intent to deny renewal of registration
at least 30 days prior to the expiration date of a current vehicle
registration. Such notice shall include instructions for contacting the state
to which the unpaid tolls, administrative fees, or penalties are owed by the
resident and indicate that such contact information is provided for the purpose
of payment of the amounts owed.
C. Upon receipt of notice from the applicable state that
the resident has satisfied all outstanding obligations to that state, the
Commissioner shall release the hold on the vehicle registrations and permit the
same to be issued or renewed.
D. The Commissioner shall charge a $40 fee to defray the
cost of processing and withholding the registration or registration renewal
under this section.
2. That the provisions of §33.2-255.1 of the Code of
Virginia, as created by this act, shall become effective on January 1, 2017.
3. That §46.2-819.7 of the Code of Virginia is repealed.
4. That the provisions of this act shall apply to violations
that occur on or after July 1, 2016.
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