BILL NUMBER: AB 628 CHAPTERED
BILL TEXT
CHAPTER 459
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 1, 2009
PASSED THE ASSEMBLY SEPTEMBER 3, 2009
AMENDED IN SENATE AUGUST 26, 2009
AMENDED IN SENATE AUGUST 20, 2009
AMENDED IN SENATE JULY 7, 2009
AMENDED IN ASSEMBLY APRIL 2, 2009
INTRODUCED BY Assembly Member Block
(Coauthors: Assembly Members Harkey and Salas)
FEBRUARY 25, 2009
An act to amend Sections 23302, 40255, and 40273 of, and to add
Section 23301.8 to, the Vehicle Code, relating to vehicles.
LEGISLATIVE COUNSEL'S DIGEST
AB 628, 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 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 payment, that the required evidence
consisting of a statement be from the officer or person 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) Existing law requires that any information obtained through
the use of automated devices shall not be used for any purpose other
than to identify, and obtain the mailing address information of, toll
evasion violators, to facilitate the serving of notices of toll
evasion violations and notices of delinquent toll evasion violations.
This bill would additionally provide that this information shall
not be used for any purpose other than to identify, and obtain the
mailing address information of, persons entering a vehicular crossing
and toll highway where pay-by-plate toll payment is permitted by the
toll operator to facilitate the collection of tolls.
(4) 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.
(5) 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.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 23301.8 is added to the Vehicle Code, to read:
23301.8. 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 that
specifies in advance any administrative fees that will be imposed on
the owner for pay-by-plate toll payment, 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.
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 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 vehicle license plates properly 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 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 vehicle license plates properly 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 article, "pay-by-plate toll payment" means an
issuing agency's use of on-road vehicle license plate identification
recognition technology to accept payment of tolls in accordance with
policies adopted by the issuing agency.
(f) This section does not require an issuing agency to offer
pay-by-plate toll processing as a method for paying tolls.
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. 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.
(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. 4. Section 40273 of the Vehicle Code is amended to read:
40273. Any information obtained pursuant to this article through
the use of automated devices shall not be used for any purpose other
than to identify, and obtain the mailing address information of,
either of the following:
(a) Toll evasion violators, to facilitate the serving of notices
of toll evasion violations and notices of delinquent toll evasion
violations.
(b) Persons entering a vehicular crossing and toll highway where
pay-by-plate toll payment, as defined in Section 23302, is permitted
by the toll operator to facilitate the collection of tolls.
SEC. 5. 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.