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§47-11-1401.2.
§47-11-1401.2.
A. For purposes of this section:
1. "Authority" means the Oklahoma Turnpike Authority;
2. "Commission" means the Oklahoma Tax Commission;
3. "Electronic toll collection system" means a system of collecting
tolls or charges which is capable of charging an account holder the
appropriate toll or charge by transmission of information from an
electronic device on a motor vehicle to the toll lane, which
information is used to charge the account the appropriate toll or
charge;
4. "Owner" means any person, corporation, partnership, firm, agency,
association, or organization who, at the time of the violation and
with respect to the vehicle identified in the notice of toll evasion
violation:
a. is the beneficial or equitable owner of the vehicle,
b. has title to the vehicle,
c. is the registrant or co-registrant of the vehicle which is
registered with the Oklahoma Tax Commission or similar registering
agency of any other state, territory, district, province, nation or
other jurisdiction,
d. subject to the liability limitations set forth in paragraph 12 of
subsection B of this section, uses the vehicle in its vehicle renting
and/or leasing businesses, or
e. is a person entitled to the use and possession of a vehicle subject
to a security interest in another person;
5. "Photo-monitoring system" means a vehicle sensor installed to work
in conjunction with a toll collection facility which 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 toll collection regulations;
6. "Toll collection regulations" means those rules and regulations of
the Oklahoma Turnpike Authority or statutes providing for and
requiring the payment of tolls and/or charges prescribed by the
Authority for the use of turnpikes under its jurisdiction or those
rules and regulations of the Authority or statutes making it unlawful
to refuse to pay or to evade or to attempt to evade the payment of all
or part of any toll and/or charge for the use of turnpikes under the
jurisdiction of the Authority; and
7. "Vehicle" means every device in, upon or by which a person or
property is or may be transported or drawn upon a highway, except
devices used exclusively upon stationary rails or tracks.
B. 1. Notwithstanding any other provision of law, there shall be
imposed monetary liability on the owner of a vehicle for failure of an
operator thereof to comply with the toll collection regulations of the
Oklahoma Turnpike Authority in accordance with the provisions of this
section.
2. The owner of a vehicle shall be liable for a civil penalty imposed
pursuant to this section if the vehicle was used or operated with the
permission of the owner, express or implied, in violation of the toll
collection regulations, and such violation is evidence by information
obtained from a photo-monitoring system. However, no owner of a
vehicle shall be liable for a penalty imposed pursuant to this section
where the operator of the vehicle has been convicted of a violation of
toll collection regulations for the same incident.
3. A certificate, sworn to or affirmed by an agent of the Authority,
or facsimile thereof, based upon inspection of photographs,
microphotographs, videotape or other recorded images produced by a
photo-monitoring system shall be prima facie evidence of the facts
contained therein and shall be admissible in any proceeding charging a
violation of toll collection regulations. The photographs,
microphotographs, videotape or other recorded images evidencing such a
violation shall be available for inspection and admission into
evidence in any proceeding to adjudicate the liability for the
violation. Each photo-monitoring system shall be checked bi-monthly
for accuracy, and shall be maintained, adjusted or replaced if
necessary to ensure the systems are operating properly.
4. An owner found liable for a violation of toll collection
regulations pursuant to this section for a first violation shall be
liable for a monetary penalty of Twenty-five Dollars ($25.00); for a
second violation within eighteen (18) months of the first violation,
shall be liable for a monetary penalty of Fifty Dollars ($50.00); and
for a third or any subsequent violation within eighteen (18) months of
the first violation, shall be liable for a monetary penalty of
Seventy-five Dollars ($75.00).
5. An imposition of liability pursuant to this section shall be based
upon a preponderance of evidence as submitted. An imposition of
liability pursuant to this section shall not be deemed a conviction as
an operator and shall not be made part of the motor vehicle operating
record of the person upon whom such liability is imposed nor shall it
be used for insurance purposes in the provision of motor vehicle
insurance coverage.
6. a. A notice of toll evasion shall be sent by registered mail to
each person alleged to be liable as an owner for a violation of toll
collection regulations. The notice shall be mailed no later than
forty-five (45) days after the alleged violation. A manual or
automatic record of mailing prepared in the ordinary course of
business shall be prima facie evidence of the receipt of the notice.
b. A notice of toll evasion violation shall contain the name and
address of the person alleged to be liable as an owner for a violation
of toll collection regulations pursuant to this section, the
registration or the license tag number of the vehicle involved in the
violation, the location where the violation took place, the date and
time of the violation and the identification number of the
photo-monitoring system which recorded the violation or other document
locator number.
c. Notice of toll evasion violation shall be prepared and mailed by
the Authority or its agents and shall contain information advising the
person of the applicable monetary penalty and method of payment
thereof and the manner and the time in which the person may contest
the liability alleged in the notice. The notice of toll evasion
violation shall contain, or be accompanied with, an affidavit of
nonliability and information of what constitutes nonliability,
information as to the effect of executing the affidavit and
instructions for returning the affidavit to the Authority and shall
also contain a warning to advise the persons charged that failure to
contest in the manner and time provided shall be deemed an admission
of liability and that the penalty shall be imposed and may be
collected as authorized by law. Additionally, the notice of toll
evasion violation shall contain a notice to the registered owner that,
unless the registered owner pays the toll evasion penalty or contests
the notice within twenty-one (21) days after receipt of the notice of
toll evasion violation or completes and files the affidavit of
nonliability, the renewal of the vehicle registration shall be
contingent upon compliance with the notice of toll evasion violation.
d. If the toll evasion penalty is received by the Authority and there
is no contest as to that toll evasion violation, the proceedings under
this section shall terminate.
e. If the registered owner fails to pay the toll evasion penalty as
required in this section, or fails to contest the violation as
provided in subparagraph a of paragraph 7 of this subsection, the
registered owner shall be deemed liable for the violation by operation
of law. The toll evasion penalty and any administrative fees or
charges shall be considered a debt due and owing the Authority by the
registered owner and the Authority may proceed to collect such
penalty, fees or charges under paragraph 9 of this subsection.
7. a. Within twenty-one (21) days after receipt of the notice of toll
evasion a person may contest a notice of toll evasion violation. In
that case, the Authority shall do the following:
(1) the Authority shall investigate the circumstances of the notice
with respect to the contestant's written explanation of reasons for
contesting the toll evasion violation. If, based upon the results of
the investigation, the Authority is satisfied that the violation did
not occur or that the registered owner was not responsible for the
violation, the Authority shall maintain an adequate record of the
findings of the investigation. Within thirty (30) days of receipt of a
notice of contest the Authority shall complete such investigation and
mail the results of the investigation to the person who contested the
notice of toll evasion violation, and
(2) if the person contesting a notice of toll evasion violation is not
satisfied with the results of the investigation provided for in
division (1) of this subparagraph, the person may, within fifteen (15)
days of the mailing of the results of the investigation, deposit the
amount of the toll evasion penalty and request an administrative
review. An administrative review shall be held within ninety (90)
calendar days following the receipt of a request for an administrative
review, excluding any continuance time. The person requesting the
review may request and shall be allowed one continuance, not to exceed
twenty-one (21) calendar days.
b. The administrative review procedure shall consist of the following:
(1) the person requesting an administrative review shall indicate to
the Authority his or her election for a review by mail or personal
conference and may provide materials in support of the contest of the
results of the investigation,
(2) upon ten (10) days' written notice mailed to the contestant, the
administrative review shall be conducted before an examiner designated
to conduct review by the Authority's governing body or Director of the
Oklahoma Turnpike Authority. In addition to any other requirements of
employment, an examiner shall demonstrate those qualifications,
training, and objectivity prescribed by the Authority's governing body
or Director as are necessary and which are consistent with the duties
and responsibilities set forth in this act,
(3) the officer or person authorized to issue a notice of toll evasion
violation shall be required to participate in an administrative
review. The Authority shall not be required to produce any evidence
other than the notice of toll evasion violation or copy thereof, a
photograph of the rear of the vehicle, information received from the
Commission identifying the registered owner of the vehicle, and a
notarized statement from the person reporting the violations. The
documentation in proper form shall be considered prima facie evidence
of the violation, and
(4) the review shall be conducted in accordance with paragraph 5 of
this subsection and in accordance with the written procedure
established by the Authority which shall ensure fair and impartial
review of contested toll evasion violations. The examiner's final
decision shall be in writing and shall be delivered personally or by
registered mail to the contestant within ten (10) days of the review.
A manual or automatic record of mailing prepared in the ordinary
course of business shall be prima facie evidence of the receipt of
such decision.
8. a. Within twenty (20) days after receipt of the final decision
described in division (4) of subparagraph b of paragraph 7 of this
subsection, the contestant may seek review by filing an appeal to the
district court having jurisdiction in the county in which the
contestant lives, where the same shall be heard on the record. A copy
of the notice of appeal shall be served in person or by first-class
mail upon the Authority by the contestants. For purposes of computing
the twenty-day period, the Code of Civil Procedure, Section 2006 of
Title 12 of the Oklahoma Statutes, shall be applicable.
b. The conduct of the hearing on appeal under this section is a
subordinate judicial duty which may be performed by referees, masters
or other subordinate judicial officials at the direction of the
district court.
c. If no notice of appeal of the Authority's decision is filed within
the period set forth in subparagraph a of this paragraph, the
examiner's decision shall be deemed final.
9. Except as otherwise provided in paragraphs 10 and 11 of this
subsection, the Authority shall proceed under one or more of the
following options to collect an unpaid toll evasion penalty:
a. the Authority may file an itemization of unpaid toll evasion
penalties and administrative and service fees with the Commission for
collection at the time of registration of the vehicle pursuant to
paragraph 17 of this subsection, or
b. the Authority may contract with a collection agency to collect
unpaid toll evasion penalties, fees, and charges.
10. The Authority shall not file a civil judgment with the district
court relating to a toll evasion violation which has been filed with
the Commission unless the Authority has determined that the
registration of the vehicle has not been renewed for sixty (60) days
beyond the renewal date and the notice has not been mailed by the
Commission pursuant to paragraph 17 of this subsection.
11. If an owner receives a notice of toll evasion violation pursuant
to this paragraph for any time period during which the vehicle was
reported to the police department as having been stolen, it shall be a
valid defense to an allegation of liability for a violation of toll
collection regulations that the vehicle had been reported to the
police as stolen prior to the time the violation occurred and had not
been recovered by such time. If an owner receives a notice of toll
evasion violation pursuant to this paragraph for any time period
during which the vehicle was stolen, but not yet reported to the
police as having been stolen, it shall be a valid defense to an
allegation of liability for a violation of toll collection regulations
pursuant to this paragraph that the vehicle was reported as stolen
within two (2) hours after the discovery of the theft by the owner.
For purposes of asserting the defense provided by this subsection it
shall be sufficient that a certified copy of the police report of the
stolen vehicle be sent by first- class mail to the Authority and the
district court having jurisdiction.
12. An owner of a vehicle to which a notice of toll evasion violation
was issued pursuant to paragraph 6 of this subsection shall not be
liable for the violation of the toll collection regulations provided
that the owner sends to the Authority the affidavit of nonliability
described in paragraph 6 of this subsection, within twenty-one (21)
days after receiving the original notice of toll evasion violation.
Failure to send such information within the time period shall render
the owner liable for the penalty prescribed by this section. If the
owner complies with the provisions of this subsection, the operator of
the vehicle on the date of the violation shall be subject to liability
for the violation of toll collection regulations, provided that the
Authority mails a notice of toll evasion violation to the operator
within ten (10) days after receipt of such information.
13. In connection with the preparation and mailing of a notice of toll
evasion violation, the Authority shall ensure adequate and timely
notice to all electronic toll collection system account holders to
inform them when their accounts are delinquent. An owner who is an
account holder under the electronic toll collection system shall not
be found liable for a violation of this section unless the Authority
has first sent a notice of delinquency to the account holder and the
account holder was in fact delinquent at the time of the violation.
14. Nothing in this section shall be construed to limit the liability
of an operator of a vehicle for any violation of toll collection laws
or regulations.
15. Notwithstanding any other provision of law, all photographs,
microphotographs, videotape or other recorded images prepared pursuant
to this section shall be for the exclusive use of the Authority in the
discharge of its duties under this section and shall not be open to
the public nor be used in any court in any action or proceeding
pending therein unless the action or proceeding relates to the
imposition of or indemnification for liability pursuant to this
section. The Authority shall not sell, distribute or make available in
any way, the names and addresses of electronic toll collection system
account holders, without the consent of the account holders, to any
entity that will use the information for any commercial purpose.
16. a. Except as provided in subparagraph c of this paragraph, the
Commission shall refuse to renew the registration of any vehicle if
the registered owner or lessee has been mailed a notice of toll
evasion violation, the Authority has transmitted to the Commission an
itemization of unpaid toll evasion penalties, including administrative
fees, pursuant to paragraph 9 of this subsection, and the toll evasion
penalty and administrative fee have not been paid pursuant to
paragraph 8 of this subsection, unless the full amount of all
outstanding toll evasion penalties and administrative fees, as shown
by records of the Commission are paid to the Commission at the time of
application for renewal.
b. The Authority shall issue a notice of disposition of toll evasion
violation to a lessor, if the lessor provides the Authority with the
name, address, and driver's license number of the lessee at the time
of the occurrence of the toll evasion violation.
c. The Commission shall renew the registration of any vehicle if the
applicant provides the Commission with the notice of disposition of
toll evasion violation issued pursuant to subparagraph b of this
paragraph for clearing all outstanding toll evasion penalties, fees
and assessments, as shown by the records of the Commission, and the
applicant has met all other requirements for registration.
17. The Commission shall include on each vehicle registration renewal
notice issued for use at the time of renewal, or on an accompanying
document, an itemization of unpaid toll evasion penalties, fees and
assessments, showing the amount thereof and the date of toll evasion
relating thereto, which the registered owner or lessee is required to
pay pursuant to paragraph 16 of this subsection.
18. a. Except as provided in subparagraph b of this paragraph, the
Commission shall remit all toll evasion penalties, fees and
assessments collected, after deducting the administrative fee
authorized by paragraph 19 of this subsection, for each notice of toll
evasion violation for which toll evasion penalties, fees and
assessments have been collected pursuant to paragraph 16 of this
subsection, to the Authority. Within forty-five (45) days from the
time penalties, fees and assessments are paid to the Commission, the
Commission shall inform the Authority which of its notices of toll
evasion violation have been collected.
b. For each notice of toll evasion for which toll evasion penalties,
fees and assessments have been collected by the Commission pursuant to
paragraph 16 of this subsection, the Authority is due an amount equal
to the sum of the unpaid toll, administrative fees, other costs
incurred by the Authority that are related to toll evasion, process
service fees, and fees and collection costs related to civil debt
collection. After deducting the Commission's administrative fee
authorized by paragraph 19 of this subsection, the Commission shall
promptly pay to the Authority the amounts due the Authority for unpaid
tolls, administrative fees, other costs incurred by the Authority that
are related to toll evasion, process service fees, and fees and
collection costs related to civil debt collection.
19. The Commission shall assess a fee for the recording of the notice
of toll evasion violation, which is given to the Commission pursuant
to paragraph 9 of this subsection, in an amount, as determined by the
Commission, that is sufficient to provide a total amount equal to at
least its actual costs of administering paragraphs 16, 17 and 20 of
this subsection.
20. Whenever a vehicle is transferred or not renewed for two (2)
renewal periods and the former registered owner or lessee of the
vehicle owes a toll evasion penalty and administrative fees for a
notice of toll evasion violation filed with the Commission pursuant to
paragraph 9 of this subsection, the Commission shall notify the
Authority of that fact and is not required thereafter to attempt
collection of the toll evasion penalty and administrative fees.
This legislation shall not be construed to affect in any way the power
which the Oklahoma Turnpike Authority possesses to establish tolls and
other charges in connection with their turnpike facilities, including
the authority to establish a one-way toll collection system for any of
its facilities or a toll discount structure for certain classes of
patrons using any of its facilities.
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