BILL REQ. #: H-1568.1
State of Washington | 63rd Legislature | 2013 Regular Session |
Read first time 02/19/13. Referred to Committee on Transportation.
AN ACT Relating to the adjudication of tolls and accompanying civil penalties; and amending RCW 46.63.160.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1 RCW 46.63.160 and 2011 c 367 s 705 are each amended to
read as follows:
(1) This section applies only to civil penalties for nonpayment of
tolls detected through use of photo toll systems.
(2) Nothing in this section prohibits a law enforcement officer
from issuing a notice of traffic infraction to a person in control of
a vehicle at the time a violation occurs under RCW 46.63.030(1) (a),
(b), or (c).
(3) A notice of civil penalty may be issued by the department of
transportation when a toll is assessed through use of a photo toll
system and the toll is not paid by the toll payment due date, which is
eighty days from the date the vehicle uses the toll facility and incurs
the toll charge.
(4) Any registered owner or renter of a vehicle traveling upon a
toll facility operated under chapter 47.56 or 47.46 RCW is subject to
a civil penalty governed by the administrative procedures set forth in
this section when the vehicle incurs a toll charge and the toll is not
paid by the toll payment due date, which is eighty days from the date
the vehicle uses the toll facility and incurs the toll charge.
(5)(a) Consistent with chapter 34.05 RCW, the department of
transportation shall develop an administrative adjudication process to
review appeals of civil penalties issued by the department of
transportation for toll nonpayment detected through the use of a photo
toll system under this section.
(b) During the adjudication process, the alleged violator must have
an opportunity to explain any mitigating circumstances, including if
the alleged violator did not receive a toll charge bill or notice of
civil penalty. In response to these circumstances, the adjudicator may
reduce or dismiss the civil penalty.
(6) The use of a photo toll system is subject to the following
requirements:
(a) Photo toll systems may take photographs, digital photographs,
microphotographs, videotapes, or other recorded images of the vehicle
and vehicle license plate only.
(b) A notice of civil penalty must include with it a certificate or
facsimile thereof, based upon inspection of photographs,
microphotographs, videotape, or other recorded images produced by a
photo toll system, stating the facts supporting the notice of civil
penalty. This certificate or facsimile is prima facie evidence of the
facts contained in it and is admissible in a proceeding established
under subsection (5) of this section. The photographs, digital
photographs, microphotographs, videotape, or other recorded images
evidencing the toll nonpayment civil penalty must be available for
inspection and admission into evidence in a proceeding to adjudicate
the liability for the civil penalty.
(c) Notwithstanding any other provision of law, all photographs,
digital photographs, microphotographs, videotape, other recorded
images, or other records identifying a specific instance of travel
prepared under this chapter are for the exclusive use of the tolling
agency for toll collection and enforcement purposes and are not open to
the public and may not be used in a court in a pending action or
proceeding unless the action or proceeding relates to a civil penalty
under this chapter. No photograph, digital photograph,
microphotograph, videotape, other recorded image, or other record
identifying a specific instance of travel may be used for any purpose
other than toll collection or enforcement of civil penalties under this
section. Records identifying a specific instance of travel by a
specific person or vehicle must be retained only as required to ensure
payment and enforcement of tolls and to comply with state records
retention policies.
(d) All locations where a photo toll system is used must be clearly
marked by placing signs in locations that clearly indicate to a driver
that he or she is entering a zone where tolls are assessed and enforced
by a photo toll system.
(e) Within existing resources, the department of transportation
shall conduct education and outreach efforts at least six months prior
to activating an all-electronic photo toll system. Methods of outreach
shall include a department presence at community meetings in the
vicinity of a toll facility, signage, and information published in
local media. Information provided shall include notice of when all
electronic photo tolling shall begin and methods of payment.
Additionally, the department shall provide quarterly reporting on
education and outreach efforts and other data related to the issuance
of civil penalties.
(7) Civil penalties for toll nonpayment detected through the use of
photo toll systems must be issued to the registered owner of the
vehicle identified by the photo toll system, but are not part of the
registered owner's driving record under RCW 46.52.101 and 46.52.120.
(8) The civil penalty for toll nonpayment detected through the use
of a photo toll system is forty dollars plus the photo toll and
associated fees.
(9) Except as provided otherwise in this subsection, all civil
penalties, including the photo toll and associated fees, collected
under this section must be deposited into the toll facility account of
the facility on which the toll was assessed. However, through June 30,
2013, civil penalties deposited into the Tacoma Narrows toll bridge
account created under RCW 47.56.165 that are in excess of amounts
necessary to support the toll adjudication process applicable to toll
collection on the Tacoma Narrows bridge must first be allocated toward
repayment of operating loans and reserve payments provided to the
account from the motor vehicle account under section 1005(15), chapter
518, Laws of 2007. Additionally, all civil penalties, resulting from
nonpayment of tolls on the state route number 520 corridor, shall be
deposited into the state route number 520 civil penalties account
created under section 4, chapter 248, Laws of 2010 but only if chapter
248, Laws of 2010 is enacted by June 30, 2010.
(10) If the registered owner of the vehicle is a rental car
business, the department of transportation shall, before a toll bill is
issued, provide a written notice to the rental car business that a toll
bill may be issued to the rental car business if the rental car
business does not, within thirty days of the mailing of the written
notice, provide to the issuing agency by return mail:
(a) A statement under oath stating the name and known mailing
address of the individual driving or renting the vehicle when the toll
was assessed; or
(b) A statement under oath that the business is unable to determine
who was driving or renting the vehicle at the time the toll was
assessed because the vehicle was stolen at the time the toll was
assessed. A statement provided under this subsection must be
accompanied by a copy of a filed police report regarding the vehicle
theft; or
(c) In lieu of identifying the vehicle operator, the rental car
business may pay the applicable toll and fee.
Timely mailing of this statement to the issuing agency relieves a
rental car business of any liability under this section for the payment
of the toll.
(11) Consistent with chapter 34.05 RCW, the department of
transportation shall develop rules to implement this section.
(12) For the purposes of this section, "photo toll system" means
the system defined in RCW 47.56.010 and 47.46.020.