Title 32, Chapter 10, Section 64
( 32-10-64)
(a) For the purpose of earning sufficient revenue to make possible,
in conjunction with other funds available to the authority, the
financing of the construction or acquisition of projects of the
authority with revenue bonds, the authority is authorized and
empowered to collect tolls on each and every project which it shall
cause to be constructed or acquired. It is found, determined, and
declared that the necessities of revenue bond financing are such
that the authority's toll earnings on each project or projects, in
conjunction with other funds available to the authority, must exceed
the actual maintenance, repair, and normal reserve requirements of
such projects, together with monthly or yearly sums needed for the
sinking fund payments upon the principal and interest obligations of
financing such project or projects; however, within the framework of
these legitimate necessities of the authority and subject to all
bond resolutions, trust indentures, and all other contractual
obligations of the authority, the authority is charged with the duty
of the operation of all projects in the aggregate at the most
reasonable possible level of toll charges; and, furthermore, the
authority is charged with the responsibility of a reasonable and
equitable adjustment of such toll charges as between the various
classes of users of any given project. (b) In the exercise of the authority's toll powers, the authority is
authorized to exercise so much of the police powers of the state as
shall be necessary to maintain the peace and accomplish the orderly
handling of the traffic and the collection of tolls on all projects
operated by the authority; and the authority shall prescribe such
rules and regulations for the method of taking tolls and the
employment and conduct of toll takers and other operating employees
as the authority, in its discretion, may deem necessary. (c) No motor vehicle shall be driven or towed through a toll
collection facility, where appropriate signs have been erected to
notify traffic that it is subject to the payment of tolls beyond
such sign, without payment of the proper toll. In the event of
nonpayment of the proper toll, as evidenced by video or electronic
recording, the registered owner of such vehicle shall be liable to
make prompt payment to the authority of the proper toll and an
administrative fee of $25.00 to recover the cost of collecting the
toll. Upon failure to pay the proper toll and administrative fee to
the authority after notice thereof and within the time designated in
such notice, the registered owner shall be cited for a violation of
this subsection and, upon conviction, shall be subject to the
payment of a fine of not less than $50.00 nor more than $100.00 for
each and every violation of this subsection and any other fine or
penalty that may be prescribed by law for such violations. In the
prosecution of an offense, proof that the vehicle was operated in
violation of this subsection, together with proof that the defendant
was at the time of such violation the registered owner of the
vehicle, shall constitute in evidence a rebuttable presumption that
such registered owner of the vehicle was the person who committed
the violation. Such presumption shall be rebutted if the registered
owner of the vehicle testifies in open court under oath that he was
not the operator of the vehicle at the time of the violation. The
court of the local jurisdiction in which the violation occurred
shall be authorized to assess and collect such fine, in addition to
any court costs, provided that the court shall also collect the
proper toll and administrative fee and forward such toll and fee to
the authority. (d) Any person who shall use or attempt to use any currency or coins
other than legal tender of the United States of America or tokens
issued by the authority or who shall use or attempt to use any
electronic device or equipment not authorized by the authority in
lieu of or to avoid payment of a toll shall be guilty of a
misdemeanor. (e) Any person, except an authorized agent or employee of the
authority, who removes any coin from the pavement or ground surface
within 15 feet of a toll collection booth or toll collection
machine, except to retrieve coins the person dropped while
attempting payment of that person's toll, shall be guilty of a
misdemeanor. (f) Any person who enters without authorization or who willfully,
maliciously, and forcibly breaks into any mechanical or electronic
toll collection device of the authority or appurtenance thereto
shall be guilty of a misdemeanor. (g) Any law enforcement officer shall have the authority to issue
citations for toll evasions if such officer is a witness to any of
the following violations: (1) A person forcibly or fraudulently passes a toll collection
device without payment or refuses to pay, evades, or attempts to
evade the payment of such tolls; (2) A person turns, or attempts to turn, a vehicle around on a
bridge, approach, or toll plaza where signs have been erected
forbidding such turning; or (3) A person refuses to pass through the toll collection facility
after having come within the area where signs have been erected
notifying traffic that it is entering the area where a toll is
collectable or where vehicles may not turn around and where
vehicles are required to pass through the toll gates for the
purposes of collecting tolls. (h) The authority may in its discretion use such technology,
including but not limited to automatic vehicle license tag
identification photography and video surveillance, either by
electronic imaging or photographic copy, that it deems necessary to
aid in the collection of tolls and enforcement of toll violations. (i) State and local law enforcement entities are authorized to enter
into traffic and toll enforcement agreements with the authority.
Any funds received by a state law enforcement entity pursuant to
such toll enforcement agreement shall be subject to annual
appropriations by the General Assembly to such law enforcement
entity for the purpose of performing its duties pursuant to such
agreement. |