BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 628
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          ASSEMBLY THIRD READING
          AB 628 (Block)
          As Amended  April 2, 2009
          Majority vote 

           TRANSPORTATION      14-0        APPROPRIATIONS      16-0        
           
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          |Ayes:|Eng, Jeffries,            |Ayes:|De Leon, Nielsen,         |
          |     |Blumenfield, Hayashi,     |     |Ammiano,                  |
          |     |Conway, Furutani,         |     |Charles Calderon,         |
          |     |Galgiani, Garrick, Bonnie |     |Krekorian, Duvall,        |
          |     |Lowenthal,, Miller,       |     |Fuentes, Monning, Harkey, |
          |     |Niello, John A. Perez,    |     |Miller, John A. Perez,    |
          |     |Solorio, Torlakson        |     |Price, Skinner, Solorio,  |
          |     |                          |     |Audra Strickland,         |
          |     |                          |     |Torlakson                 |
          |-----+--------------------------+-----+--------------------------|
          |     |                          |     |                          |
           ----------------------------------------------------------------- 
           SUMMARY  :  Authorizes the use of "pay-by-plate" license plate  
          identification recognition technology to accept payment of  
          tolls.  Specifically,  this bill  :  

          1)Establishes that in a toll highway where an issuing agency  
            permits pay-by plates toll processing, it is prima facie  
            evidence of a violation for a person to enter a toll highway  
            without at least one of the following:  

             a)   Money in an amount sufficient to pay the prescribed  
               tolls;  

             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)   A valid California vehicle license plate properly  
               affixed to both the front and rear of the vehicle when a  
               person enters onto the vehicular crossing or toll highway.   


          2)Allows a toll operator that chooses to permit pay-by-plate  
            technology to develop policies and procedures related to  
            implementing this option.  








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          3)Specifies that an issuing agency is not required to implement  
            pay-by-plate toll processing.  

          4)Defines "pay-by-plate toll processing and payment" to mean 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 of toll  
            highway.  

           EXISTING LAW  :  

          1)Prohibits a person from refusing to pay tolls or other charges  
            on any vehicular crossing or toll highway.  

          2)Establishes that it is prima facie evidence of a violation if  
            any person enters a toll highway without money in an amount  
            sufficient to pay the prescribed tolls or a transponder with a  
            balance sufficient to pay those tolls.  

          3)Requires that a transponder or other electronic toll payment  
            device that is used to pay tolls be located in, or on the  
            vehicle in a manner visible for law enforcement at all times  
            when the vehicle is on a toll facility.  
          4)Allows a person to contest a notice of toll evasion violation  
            within 21 days from the issuance of the notice of toll evasion  
            violation, or within 15 days from the mailing of the notice,  
            whichever occurs later.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, this bill would have a negligible fiscal impact,  
          since it is permissive.  

           COMMENTS  :  According to the author, this bill "would permit toll  
          road operators in California that already use vehicle  
          identification cameras for recording toll violations to begin  
          using the same technology for payment of regular tolls."  

          In recent years, advances in collection technology have allowed  
          toll authorities the ability to charge and collect tolls using  
          digital images of license plates.  This technology known as  
          "pay-by- plate" has been used throughout the United States and  
          around the world.  









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          Pay-by-plate or video tolling makes use of the open road toll  
          enforcement cameras and the computer systems already in place.   
          This tolling technology is geared to infrequent customers of  
          toll roads, usually out-of-area travelers or those whose normal  
          driving patterns bypass a toll way. It also can be used by  
          rental car customers who do not have a transponder.  

          For customers that do not have a transponder or are unable to  
          pay cash because a toll booth may not exist within a toll  
          facility, this option will now allow a driver to access a road  
          that they otherwise would be unable to use.  

          Usage of pay-by-plate technology was first used in the state of  
          Florida, as a pilot project.  In that project, a person was able  
          to participate in the pay-by-plate program by calling a  
          toll-free number and providing credit card and vehicle  
          information.  Accounts are offered in two forms, a $5 prepaid  
          account that can be used over and over with replenishments; or  
          an account covering a defined period of time for all toll use.   
          Customers were able to set up an account at any time before  
          using the toll lanes for the first time or within 72 hours after  
          first using the toll lanes.  

          In California, multiple toll agencies such as the Transportation  
          Corridors Agencies (TCA) in Orange County use pay-by-plate  
          technology to process vehicles using the toll facilities when a  
          transponder is not detected.  When a fee cannot be deducted from  
          a transponder because it is not properly mounted or a  
          transponder does not exist, a violation enforcement camera is  
          triggered and the image of the license plate is taken and  
          manually reviewed so the transaction can be applied to the  
          customer's account.  In 2001, 10%, of TCA tolls were collected  
          through pay-by-plate transactions.  

          This bill will provide toll agencies the option to possibly  
          expand their pay-by-plate technology from a complementary role  
          in violation assistance to a primary mode of collection.  
           

          Analysis Prepared by  :   Alejandro Esparza / TRANS. / (916)  
          319-2093 











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          0000474