Md. Code Regs. 11.07.07.06

Current through Register Vol. 51, No. 22, November 1, 2024

Section 11.07.07.06 - Toll Collection by Recorded Image

A. The Authority may use the recorded image of a motor vehicle passing through a Maryland toll collection facility to determine liability for tolls due.

B. Pay-By-Plate.

(1) Tolls may be paid via Pay-By-Plate, whereby a customer authorizes the Authority to charge tolls due by providing the Authority with vehicle information and a valid electronic payment method online, over the phone, or in person for processing payment prior to travel.

(2) Vehicle information provided by the customer shall include the license plate number, state of registration, type of vehicle, and vehicle year.

(3) A Pay-By-Plate customer is responsible for updating vehicle information and maintaining valid electronic payment information with the Authority. If a customer fails to keep vehicle and electronic payment information current, the customer is not relieved of liability for tolls due.

(4) The electronic payment method provided shall be valid at all times and be charged for each toll transaction.

(5) If a valid payment is not made using the Pay-by-Plate payment method, the customer remains liable for the toll and the Authority shall:

(a) Send a NOTD in accordance with §D of this regulation;

(b) Issue a citation after failure to pay a NOTD in accordance with Regulation .07 of the chapter; and

(c) Collect the toll due and any civil penalties that accrue in accordance with Regulation . 08 of this chapter.

(6) The Pay-By-Plate payment method is only valid for use with the Authority's electronic toll collection system.

C. Video Toll Early Payment Discount. The Authority may establish a discount for video toll transactions paid prior to the mailing of the NOTD.

D. Notice of Toll Due (NOTD).

(1) The Authority shall send the person alleged to be liable that was involved in a video toll transaction a NOTD containing:

(a) The name and address of the person alleged to be liable under this chapter;

(b) The license plate number and state of registration of the vehicle involved in the video toll transaction;

(c) The location where the video toll transaction took place;

(d) The date and time of the video toll transaction;

(e) The amount of the video toll;

(f) The date by which the video toll must be paid;

(g) A copy of the recorded image;

(h) The statutory defenses described in Transportation Article, § 21-1414(g), Annotated Code of Maryland to transfer liability to another person;

(i) A warning that failure to pay the video toll, request a transfer of liability in the manner and time prescribed, or the late payment of the video toll, will result in a Toll Violation subject to a citation and a civil penalty, in the amount set forth in Regulation .09 of this chapter, and that continued failure to pay may lead to refusal or suspension of the motor vehicle registration and referral to the CCU;

(j) A warning that payment of the video toll, whether timely or late is an admission of liability of the video toll transaction; and

(k) Instructions on how to pay the video toll or request a transfer of liability of the video toll transaction to another person.

(2) Except as provided in §E of this regulation, the person alleged to be liable who receives a NOTD shall have at least 30 days to pay the video toll from the mailing date of the NOTD.

(3) Except as provided for in §E of this regulation, failure of the person alleged to be liable to pay the video toll by the NOTD payment due date shall constitute a toll violation subject to a citation and a civil penalty, in the amount set forth in Regulation .09 of this chapter.

(4) If a transfer of liability is requested, the person alleged to be liable shall send the request to the Authority, which must be received by the Authority on or before the NOTD payment due date.

E. Transfer of Liability.

(1) The person alleged to be liable may request a transfer of liability of the video toll transaction from the Authority by asserting any of the statutory defenses described in Transportation Article, § 21-1414(g), Annotated Code of Maryland, which includes providing the additional documentation required by statute.

(2) The Authority must receive the request for a transfer of liability, including all supporting documentation by the NOTD payment due date.

(3) If the Authority does not receive payment of the video toll or a request for a transfer of liability by the NOTD payment due date, a toll violation will result subject to issuance of a citation and a civil penalty as set forth in Regulation .07 of this chapter.

(4) A request for transfer of liability received by the Authority on or before the NOTD payment due date shall be reviewed by the Authority to determine whether liability for the video toll transaction may be transferred from the person alleged to be liable to another person.

(5) If the Authority accepts the request for transfer of liability as described in this regulation:

(a) The Authority shall send the person alleged to be liable a determination of the request for transfer of liability indicating it is accepted;

(b) The person alleged to be liable shall not be responsible for the video toll transaction; and

(c) The Authority shall send a new NOTD to the person to whom liability was transferred in accordance with Transportation Article, § 21-1414(g), Annotated Code of Maryland.

(6) If the Authority denies the request for transfer of liability as described in this regulation:

(a) The person alleged to be liable will receive a determination of a request for transfer of liability from the Authority indicating it is denied;

(b) The person alleged to be liable shall pay the video toll by the NOTD payment due date or within 10 days from the mailing date on the denial notification, whichever is later; and

(c) If payment is not received in accordance with §E(6) (b) of this regulation, a toll violation will result with a date relating back to the day after the original NOTD payment due date subject to a citation and a civil penalty for a toll violation as set forth in Regulation .07 of this chapter.

F. Installment Plans.

(1) The Authority may offer an installment plan to a person alleged to be liable for payment of unpaid video tolls and any associated civil penalties that total at least $300.

(2) An installment plan shall require the person to make monthly installment payments until the total amount of the outstanding unpaid video tolls and any associated civil penalties owed are paid. The Authority may waive any portion of the associated outstanding civil penalties.

(3) If liquidation by installment payments requires more than 3 years, then the debt may be referred as a delinquent account to the Central Collection Unit.

(4) The Authority may not offer more than one installment plan to a person at a time. A person is responsible for fully paying all unpaid video tolls and associated penalties within the one installment plan in accordance with the installment plan.

(5) If a person fails to make payment or defaults on the terms of an installment plan, then the Authority may terminate the installment plan, resulting in a final toll violation. The Authority is not required to offer alternative payment plans if a person defaults on the installment payments. The Authority may use any legal action available to collect in accordance with Regulation .08 of this chapter.

Md. Code Regs. 11.07.07.06

Regulations .06 repealed and new Regulations .06 adopted as an emergency provision effective September 1, 2013 (40:19 Md. R. 1541); adopted permanently effective October 28, 2013 (40:21 Md. R. 1779)
Regulations .06 amended effective 42:25 Md. R. 1544, eff.12/21/2015; amended effective 47:17 Md. R. 796, eff. 8/24/2020; amended effective 50:1 Md. R. 8, eff. 1/23/2023