BILL NUMBER: AB 628 AMENDED
BILL TEXT
AMENDED IN SENATE JULY 7, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Block
( Coauthor: Assembly Member
Harkey )
FEBRUARY 25, 2009
An act to amend Sections 23302 and 40255 of , and to add
Section 23301.5 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 628, as amended, Block. Vehicles: toll evasion violations.
(1) Existing law makes it unlawful for any person to refuse to pay
tolls or other charges on any vehicular crossing or toll highway and
provides that it is prima facie evidence of a violation of this
provision for any person to enter upon any vehicular crossing without
either lawful money of the United States in the person's immediate
possession in an amount sufficient to pay the prescribed tolls or
other charges due from that person or a transponder or other
electronic toll payment device associated with a valid Automatic
Vehicle Identification account with a balance sufficient to pay those
tolls. A violation of these provisions is an infraction.
This bill would require an issuing agency that permits
pay-by-plate toll payment to communicate, as practicable, the
pay-by-plate toll amount in the same manner as it
communicates other toll payment methods and provide certain publicly
available information on how pay-by-plate toll payment works. The
bill would additionally provide that, for vehicular crossings
and toll highways where the issuing agency permits pay-by-plate toll
processing and payment of tolls and other charges
in accordance with policies adopted by the issuing agency, it is
prima facie evidence of a toll evasion violation for a person to
enter the vehicular crossing or toll highway without at least one of
the following: (A) lawful money of the United States in the person's
immediate possession in an amount sufficient to pay the prescribed
tolls or other charges due from that person, or (B) a transponder or
other electronic toll payment device associated with a valid
Automatic Vehicle Identification account with a balance sufficient to
pay those tolls, or (C) valid California vehicle license plates
properly affixed to both the front and rear of the vehicle in which
that person enters onto the vehicular crossing or toll highway. Where
electronic toll collection is the only other method of paying tolls
or other charges, the bill would provide that it is prima facie
evidence of a toll evasion violation for a person to enter the
vehicular crossing or toll highway without either (i) a transponder
or other electronic toll payment device associated with a valid
Automatic Vehicle Identification account with a balance sufficient to
pay those tolls, or (ii) valid California vehicle license plates
properly affixed to both the front and rear of the vehicle in which
that person enters onto the vehicular crossing or toll highway.
(2) Existing law provides that the officer or person authorized to
issue a notice of toll evasion violation is not required to
participate in an administrative review of the toll evasion violation
and that the issuing agency is not required to produce any evidence
other than the notice of toll evasion violation or a copy thereof,
information received from the department identifying the registered
owner of the vehicle, and a statement under penalty of perjury from
the person reporting the violations. Under existing law perjury is a
crime.
This bill would require instead , for a toll evasion
violation that occurs on a vehicular crossing or toll highway where
the issuing agency allows pay-by-plate toll processing and
payment, that the required evidence
consisting of a statement under penalty of perjury
be from the officer or person reporting
the violation to authorized to issue a notice of toll
evasion and include a statement that the tolls or other
charges and any applicable fee were not paid in accordance with the
issuing agency's policies for pay-by-plate toll processing and
payment . The bill would not require that this statement be made
under penalty of perjury. The bill would require that any officer or
person who knowingly provides false information pursuant to this
provision be subject to a civil penalty for each violation in the
amount of $250 up to a maximum amount of $2,500. The bill would also
authorize any public prosecutor to bring an action for a civil
penalty in the name of the people of the State of California .
(3) The bill would make other technical, nonsubstantive and
conforming changes to these provisions.
Because the bill would create new crimes, the bill would impose a
state-mandated local program.
(4) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23301.5 is added to the
Vehicle Code , to read:
23301.5. Where an issuing agency permits pay-by-plate toll
payment as described in subdivision (e) of Section 23302, it shall
communicate, as practicable, the pay-by-plate toll amount in the same
manner as it communicates other toll payment methods. The issuing
agency shall provide publicly available information on how
pay-by-plate toll payment works, including the toll amount, process
for payment, and period of time a vehicle has to resolve the payment
before an issuing agency may process the trip as a violation under
Section 40255. Communication of this information may include the
Department of Transportation's approved signage, posting of
information on the issuing agency's Internet Web site, media
advertising, public meeting or disclosure as required by the issuing
agency's policies, or other methods of communication. Except where
the issuing agency has an agreement with a vehicle owner otherwise,
administrative costs shall be incorporated into the pay-by-plate toll
amount, and no additional administrative costs shall be added above
the posted pay-by-plate toll amount.
SECTION 1. SEC. 2. Section 23302 of
the Vehicle Code is amended to read:
23302. (a) It is unlawful for a person to fail to pay tolls or
other charges on any vehicular crossing or toll highway. Except as
otherwise provided in subdivision (b), (c), or (d), it is prima facie
evidence of a violation of this section for a person to enter upon
any vehicular crossing without either lawful money of the United
States in the person's immediate possession in an amount sufficient
to pay the prescribed tolls or other charges due from that person or
a transponder or other electronic toll payment device associated with
a valid Automatic Vehicle Identification account with a balance
sufficient to pay those tolls. If a transponder or other electronic
toll payment device is used to pay tolls or other charges due, the
device shall be located in, or on the vehicle in a location so as to
be visible for the purpose of enforcement at all times when the
vehicle is located on the vehicular crossing or toll highway. Where
required by the operator of a vehicular crossing or toll highway,
this requirement applies even if the operator offers free travel or
nontoll accounts to certain classes of users.
(b) For vehicular crossings and toll highways that use electronic
toll collection as the only method of paying tolls or other charges,
it is prima facie evidence of a violation of this section for a
person to enter the vehicular crossing or toll highway without a
transponder or other electronic toll payment device associated with a
valid Automatic Vehicle Identification account with a balance
sufficient to pay those tolls.
(c) For vehicular crossings and toll highways where the issuing
agency, as defined in Section 40250, permits pay-by-plate
toll processing and payment of tolls and other charges in
accordance with policies adopted by the issuing agency, it is prima
facie evidence of a violation of this section for a person to enter
the vehicular crossing or toll highway without at least one of the
following:
(1) Lawful money of the United States in the person's immediate
possession in an amount sufficient to pay the prescribed tolls or
other charges due from that person.
(2) A transponder or other electronic toll payment device
associated with a valid Automatic Vehicle Identification account with
a balance sufficient to pay those tolls.
(3) Valid California vehicle license plates
properly affixed to both the front and rear of
attached pursuant to Section 4850.5 or 5200 to the vehicle
in which that person enters onto the vehicular crossing or toll
highway.
(d) For vehicular crossings and toll highways where the issuing
agency, as defined in Section 40250, permits pay-by-plate
toll processing and payment of tolls and other charges in
accordance with policies adopted by the issuing agency, and where
electronic toll collection is the only other method of paying tolls
or other charges, it is prima facie evidence of a violation of this
section for a person to enter the vehicular crossing or toll highway
without either a transponder or other electronic toll payment device
associated with a valid Automatic Vehicle Identification account with
a balance sufficient to pay those tolls or valid California
vehicle license plates properly affixed to both
the front and rear of attached to the vehicle
pursuant to Section 4850.5 or 5200 in which that person
enters onto the vehicular crossing or toll highway.
(e) As used in this section, "Pay-by-plate
article, " pay-by-plate toll processing
and payment" means an issuing agency's use of on-road
vehicle license plate identification recognition technology to accept
payment of tolls within a specified period of time
following the use of the vehicular crossing or toll highway by
persons entering upon the vehicular crossing or toll highway without
the payment of tolls or other charges by either cash payment in
lawful money of the United States or use of an electronic toll
payment device associated with a valid Automatic Vehicle
Identification account with a balance sufficient to pay the tolls or
other charges, in accordance with policies adopted by the
issuing agency.
(f) This section does not require an issuing agency to
implement offer pay-by-plate toll processing
as a method for paying tolls .
SEC. 2. SEC. 3. Section 40255 of the
Vehicle Code is amended to read:
40255. (a) Within 21 days from the issuance of the notice of toll
evasion violation, or within 15 days from the mailing of the notice
of delinquent toll evasion, whichever occurs later, a person may
contest a notice of toll evasion violation or a notice of delinquent
toll evasion. In that case, the processing agency shall do the
following:
(1) The processing agency shall either investigate with its own
records and staff or request that the issuing agency 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 that investigation, the processing agency
is satisfied that the violation did not occur or that the registered
owner was not responsible for the violation, the processing agency
shall cancel the notice of toll evasion violation and make an
adequate record of the reasons for canceling the notice. The
processing agency shall mail the results of the investigation to the
person who contested the notice of toll evasion violation or the
notice of delinquent toll evasion violation.
(2) If the person contesting a notice of toll evasion violation or
notice of delinquent toll evasion violation is not satisfied with
the results of the investigation provided for in paragraph (1), the
person may, within 15 days of the mailing of the results of the
investigation, deposit the amount of the toll evasion penalty and
request an administrative review. After January 1, 1996, an
administrative hearing shall be held within 90 calendar days
following the receipt of a request for an administrative hearing,
excluding any time tolled pursuant to this article. The person
requesting the hearing may request one continuance, not to exceed 21
calendar days.
(b) The administrative review procedure shall consist of the
following:
(1) The person requesting an administrative review shall indicate
to the processing agency his or her election for a review by mail or
personal conference.
(2) If the person requesting an administrative review is a minor,
that person shall be permitted to appear at an administrative review
or admit responsibility for a toll evasion violation without the
necessity of the appointment of a guardian. The processing agency may
proceed against that person in the same manner as if that person
were an adult.
(3) (A) The administrative review shall be conducted before a
reviewer designated to conduct the review by the issuing agency's
governing body or chief executive officer. In the case of violations
on facilities developed pursuant to Section 143 of the Streets and
Highways Code, the processing agency shall contract with a public
agency or a private entity that has no financial interest in the
facility for the provision of administrative review services pursuant
to this subdivision. The costs of those administrative review
services shall be included in the administrative fees authorized by
this article.
(B) In addition to any other requirements of employment, a
reviewer shall demonstrate those qualifications, training, and
objectivity prescribed by the issuing agency's governing body or
chief executive as are necessary and which are consistent with the
duties and responsibilities set forth in this article.
(C) The examiner's continued employment, performance evaluation,
compensation, and benefits shall not be directly or indirectly linked
to the amount of fines collected by the examiner.
(4) The officer or person authorized to issue a notice of toll
evasion violation shall not be required to participate in an
administrative review. The issuing agency shall not be required to
produce any evidence other than the notice of toll evasion violation
or copy thereof, information received from the department identifying
the registered owner of the vehicle, and a statement under penalty
of perjury from the person reporting the violation. For a
toll evasion violation that occurs on a vehicular crossing or toll
highway where the issuing agency allows pay-by-plate toll processing
and payment, as defined in Section 23302, the required statement
under penalty of perjury from the person reporting the violation
shall include a statement that the tolls or other charges and any
applicable fee was not paid in accordance with the issuing agency's
policies for pay-by-plate toll processing and payment. The
documentation in proper form shall be considered prima facie evidence
of the violation.
(5) For a toll evasion violation that occurs on a vehicular
crossing or toll highway where the issuing agency allows pay-by-plate
toll payment, as defined in subdivision (e) of Section 23302, the
officer or person authorized to issue a notice of toll evasion
violation shall not be required to participate in an administrative
review. The issuing agency shall not be required to produce any
evidence other than the notice of toll evasion violation or copy
thereof, information received from the department identifying the
registered owner of the vehicle, and a statement from the officer or
person authorized to issue a notice of toll evasion that the tolls or
other charges and any applicable fee was not paid in accordance with
the issuing agency's policies for pay-by-plate toll payment. Any
officer or person who knowingly provides false information pursuant
to this paragraph shall be subject to a civil penalty for each
violation in the minimum amount of two hundred fifty dollars ($250)
up to a maximum amount of two thousand five hundred dollars ($2,500).
An action for a civil penalty may be brought by any public
prosecutor in the name of the people of the State of California. The
documentation in proper form shall be considered prima facie evidence
of the violation.
(5)
(6) The review shall be conducted in accordance with
the written procedure established by the processing agency which
shall ensure fair and impartial review of contested toll evasion
violations. The agency's final decision may be delivered personally
or by first-class mail.
SEC. 3. SEC. 4. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.