§ 48:250.4.1 — State-owned toll facilities; toll collection and enforcement

Louisiana § 48:250.4.1

• Jurisdiction: Louisiana
• Title 48: Roads, Bridges and Ferries

Text

§250.4.1. State-owned toll facilities; toll collection and enforcement
A. Pursuant to R.S. 48:250.4, the department may exercise so much of the police
powers of the state as shall be necessary to maintain the peace and accomplish the orderly
handling of authority, subject to the provisions of this Section. The department's exercise
of these powers shall extend to any state-owned toll facility. The department may delegate
the exercise of these powers to any private entity acting on its behalf in the operation of a toll
facility.
B. Terms as defined in R.S. 32:1 shall retain such definitions, except as specifically
defined in this Subsection. As used in this Section, unless the context indicates otherwise,
the following terms have the following meanings:
(1) "Electronic mail" means a message, file, or other information transmitted through
a local, regional, or global computer network.
(2) "Electronic mail address" means a destination, commonly expressed as a string
of characters, to which electronic mail may be sent or delivered.
(3) "Electronic toll collection" or "ETC" means a system of collecting tolls or
charges capable of charging an account holder for the appropriate toll by transmission of
information between a device on a motor vehicle and a toll collection facility.
(4) "Operating entity" means any entity operating a toll facility subject to the
requirements of this Section.
(5) "Pay" means paying a toll by cash, by permitting a charge against a valid toll-tag
account with the department, or by any other means of payment approved by the department.
(6) "Photo-monitoring system" means a motor vehicle sensor installed to work in
conjunction with a toll collection facility that automatically produces a photograph,
microphotograph, videotape, or other recorded image of a motor vehicle or trailer when the
operator of the motor vehicle fails to pay a toll.
(7) "Private entity" means a corporation, limited partnership, general partnership,
limited liability company, joint venture, business trust, or other business entity.
(8) "Toll" or "tolls" means any fee, or charge imposed, revised, and adjusted from
time to time for the use of a state-owned transportation facility.
(9) "Toll tag" means an electronic device issued for use with an ETC on any state-owned toll transportation facility.
(10) "Valid toll-tag account" means a toll-tag account with the department that has
a balance of not less than fifty cents.
C. No motor vehicle shall be driven and no motor vehicle or trailer shall be towed
through any state-owned toll collection facility without payment of the proper toll. If the
proper toll is not paid, as evidenced by video or electronic recording, the registered owner
of such vehicle or trailer shall be liable to make prompt payment to the department of the
proper toll and an administrative fee of twenty-five dollars to recover the cost of collecting
the toll.
D. The registered owner is prima facie responsible for the payment of the toll,
administrative fees, and late charges that the department may assess pursuant to this Section.
It is not a defense to liability for payment under this Section that a registered owner was not
operating the motor vehicle or trailer at the time of the failure to pay the toll, except that the
registered owner shall not be liable under this Section when the registered owner makes a
report to a law enforcement officer or agency that the motor vehicle or trailer was stolen
before the failure to pay a toll occurs or within forty-eight hours after the registered owner
becomes aware of the theft.
E. The department shall adopt policies and procedures for the collection of tolls,
administrative fees, and late charges authorized pursuant to this Section, in accordance with
the Administrative Procedure Act.
F.(1) Failure to comply with the requirements of this Section shall result in the
following late charges or sanctions, or both, against the registered owner:
(a) The department may assess the following penalties for late payment, for failure
to pay, or for otherwise failing to respond, or both, against the registered owner:
(i) A registered owner who fails to pay the administrative fees specified in a violation
notice and who fails to appeal a violation notice as provided by this Section within thirty
calendar days after the date of the issuance of the violation notice shall incur a late charge
of five dollars. A registered owner who fails to respond to a violation notice within sixty
calendar days after the date of issuance of the violation notice shall not be able to renew his
driver's license until all matters regarding the alleged toll violation are disposed of in
accordance with law. The violation clerk shall notify the registered owner by first-class mail
of this delinquency and consequences thereof.
(ii) A registered owner who fails to respond to a violation notice as provided by this
Section within sixty calendar days after the date of the issuance of the violation notice shall
be prohibited from renewing his driver's license. The violation clerk shall notify the
Louisiana office of motor vehicles of this delinquency. Upon notice from a violation clerk
of the department, the office of motor vehicles shall place the matter on record and shall not
renew the driver's license of the registered owner or the registration of the vehicle until after
notice from the violation clerk that the matters have been disposed of in accordance with law.
(b) After a notice to the office of motor vehicles provided in Item (a)(ii) of this
Paragraph, the department shall not be required to send violation notices of delinquency to
registered owners with ten or more toll violations. However, the tolls and administrative fees
of such registered owner shall continue to accumulate.
(2) The department may pursue such civil and criminal action as it deems appropriate
to collect the tolls and administrative fees assessed in the violation notice as well as such
subsequent late charges assessed in accordance with this Section.
G.(1) A photograph, microphotograph, videotape, or other recorded image produced
by a photo-monitoring device is admissible in a proceeding to collect a toll or other charge
of the department, to collect criminal penalties imposed, or to impose criminal liability for
a failure to pay the toll or charge.
(2) An original or facsimile of a certificate, sworn to or affirmed by an agent of the
department that states that a failure to pay has occurred and states that it is based upon a
personal inspection of a photograph, microphotograph, videotape, or other recorded image
produced by a photo-monitoring system, as defined in this Section, is prima facie evidence
of the facts contained in the certificate.
(3) Notwithstanding any other provision of law to the contrary, a photograph,
microphotograph, videotape, or other recorded image prepared for enforcement of tolls is for
the exclusive use of the department in the discharge of its duties under this Section.
H. The department shall from time to time designate one or more violation clerks and
agents to perform the functions specified in this Section at the pleasure of the department and
for such finite or indefinite period as the department deems desirable. The department shall
supervise and coordinate the processing of violation notices in accordance with this Section.
The department may hire or designate such personnel and organize such sections as the
department may consider necessary to carry out the provisions of this Section.
I. The department may contract with an operating entity to carry out the provisions
of this Section.

Legislative History

Acts 2019, No. 361, §1, eff. June 11, 2019.