BILL ANALYSIS
AB 628
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 628 (Block)
As Amended August 26, 2009
Majority vote
-----------------------------------------------------------------
|ASSEMBLY: |79-0 |(May 11, 2009) |SENATE: |32-2 |(September 1, |
| | | | | |2009) |
-----------------------------------------------------------------
Original Committee Reference: TRANS .
SUMMARY : Authorizes the use of "pay-by-plate" license plate
identification recognition technology to accept payment of
tolls.
The Senate amendments :
1)Require toll operators permitting pay-by-plate toll payment to
maintain a public information program and specify the type of
information that should be included in the program.
2)Require toll operators permitting pay-by-plate to communicate
the amount of toll in the same manner that it communicates
other toll payment methods, which includes on-road signage
approved by the California Department of Transportation.
3)Provide that administrative costs shall be incorporated into
the base toll rate for pay-by-plate and that no additional
costs shall be added above the posted pay-by-plate toll rate,
unless an 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.
4)Delete the requirement that a license plate be affixed to both
the front and rear of the vehicle and instead provide that the
plate must be affixed in accordance with the law for that
vehicle.
5)Redefine "pay-by-plate toll payment" to mean 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, and
removes reference to payment being received in a specified
period of time.
AB 628
Page 2
6)Recast the process for conducting an administrative review for
violations in jurisdictions that offer pay-by-plate toll
payment and processing with the process used in those
jurisdictions that offer electronic tolling or cash payment.
7)Provide that any information obtained through the use of
automated devices should not be used for any other purpose
other than to identify and obtain the mailing address of a
person 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.
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.
AS PASSED BY THE ASSEMBLY , this bill:
1)Established 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
AB 628
Page 3
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)Allowed a toll operator that chooses to permit pay-by-plate
technology to develop policies and procedures related to
implementing this option.
3)Specified that an issuing agency is not required to implement
pay-by-plate toll processing.
4)Defined "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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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.
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.
AB 628
Page 4
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
FN: 0002560