Section 23-2-169 Use of Toll Collection Facility Without Payment; Collection.

(a) The owner and operator of a vehicle driven on a toll road, bridge, causeway, or tunnel and through a toll collection point without payment of the required toll is jointly and severally liable to the authority, department, or private toll entity to pay the required toll, administrative fees, and civil penalty as provided in this article. The authority, department, or private toll entity, or its agent or representative, may pursue collection of the required toll as provided for in this article. (b) A certified written report or an electronic copy thereof, sworn to or affirmed by the authority, department, or private toll entity, or its agent or representative, that a toll violation has occurred, based upon inspection of photographs, microphotographs, videotape, or other recorded images produced by a photo or other monitoring system, is prima facie evidence of the violation and is admissible as evidence in any proceeding charging a toll violation pursuant to this article. (c) The Department of Revenue, upon request, shall provide current Alabama registration information to the department or authority in order to allow the department or authority to implement and administer this article. This information shall be provided in the format that the Department of Revenue provides to the Alabama State Law Enforcement Agency. The information shall not be subject to the fees as provided in Section 32-8-6 and shall only be used for the enforcement of this article. Alternatively, the department, authority, or private toll entity may enter into an agreement with any municipal law enforcement agency, county sheriff, or other authorized agency to provide the registered owner information pursuant to this subsection. (d) If a vehicle passes through a toll collection point without payment of the required toll and no account is available to which a charge may be applied, the authority, department, or private toll entity, or its agent or representative, shall send by first-class mail or electronic transmission: (1) A First Toll Invoice Notice to the owner or operator of a vehicle that is identified as having been involved in a toll violation. The First Toll Invoice Notice shall require payment to the authority, department, or private toll entity of the required toll or tolls incurred over the previous billing period, as established by the authority, department, or private toll entity, and may require payment of an administrative fee not to exceed five dollars ($5) per First Toll Invoice Notice. The payment shall be made within 30 days of the mailing or electronic transmission of the notice. The First Toll Invoice Notice shall be sent by the authority, department, or private toll entity, or its agent or representative, within 60 days after receipt of the motor vehicle registration information from the Alabama State Law Enforcement Agency, a municipal law enforcement agency, the county sheriff, or other authorized entity. (2) A Second Toll Invoice Notice to the owner or operator of a vehicle who has failed to respond to a First Toll Invoice Notice within the required time period. The Second Toll Invoice Notice shall require payment to the authority, department, or private toll entity of the required toll or tolls, and may require payment of an administrative fee not to exceed fifty dollars ($50) per Second Toll Invoice Notice, as set by the authority, department, or private toll entity, within 30 days of the mailing or electronic transmission of the notice. (3) A Failure to Pay a Toll Citation to the owner or operator of a vehicle who has failed to respond to the Second Toll Invoice Notice within the required time period. The authority or department may issue a Failure to Pay a Toll Citation upon certification by the authority, department, or private toll entity, or its agent or representative, that a toll violation has occurred and the owner or operator has failed to respond to the First Toll Invoice Notice and the Second Toll Invoice Notice as required by this section. The authority or department shall send the citation to the owner or operator associated with the toll violation; provided, if the citation is based on certification by a private toll entity, the private toll entity or its agent or representative shall send the citation. The citation shall be sent by certified mail. The citation shall require payment to the authority, department, or private toll entity of the required toll, and may require payment of an administrative fee not to exceed one hundred dollars ($100), as set by the authority, department, or private toll entity, within 30 days of the mailing of the notice of citation. In addition, the notice shall provide that failure to pay the citation within the required time period may result in the following: a. The non-renewal of the vehicle registration for the vehicle associated with the citation until the citation and associated fees are resolved. b. The authority, department, or private toll entity, or its agent or representative, filing a civil suit in the district court of the county in which the violation occurred to collect the toll and all applicable fees and penalties allowed pursuant to this article. (e) Administrative fees assessed under subsection (d) are not cumulative. The maximum aggregate administrative fee allowed increases from five dollars ($5) to fifty dollars ($50) to one hundred dollars ($100) with each notice issued. An additional administrative fee of up to five dollars ($5) shall be assessed on each citation and paid to the law enforcement or other authorized agency providing the registered owner information to the department, authority, or private toll entity. (f) The notices and citation required by this section shall also contain the following information: (1) The name and address of the person or entity alleged to be liable for a failure to pay a toll pursuant to this section. (2) The license plate registration number and state of issuance of the vehicle involved in the toll violation. (3) The location where the toll violation occurred. (4) The date and time of the toll violation. (5) The identification of the photo or other monitoring system that recorded the violation or other document locator. (6) Information advising of the manner and time in which liability may be contested. (7) Notice that failure to contest liability in the manner and time provided in this section is an admission of liability. (8) Notice that failure to pay a toll and any applicable fees may result in the suspension of the driver’s license and non-renewal of the vehicle registration for the vehicle associated with the citation. (g) A manual, automatic, or electronic record of the mailing or transmission of the notices or citation prepared in the ordinary course of business is prima facie evidence of the mailing or transmission of the notices or citation.