§ 8117. Electronic toll collection
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 74 Pa.C.S.A. TransportationEffective: January 3, 2023
Effective: January 3, 2023
74 Pa.C.S.A. § 8117
§ 8117. Electronic toll collection
(1) If an operator of a vehicle fails to pay the prescribed toll at any location where tolls are collected by means of electronic toll collection, the owner of the vehicle shall be liable to the commission for failure of the operator of the vehicle to comply with this section if the violation is evidenced by information obtained from a toll collection system.
(b) Imposition of liability.--Liability under this section shall be imposed upon an owner for failure to pay the prescribed toll charges assessed under this section or the regulations of the commission occurring within the territorial limits of this Commonwealth. Based on evidence obtained by a toll collection system, the following shall apply:
(1.2) If mail, other than unclaimed mail, is returned undelivered, the commission may obtain address information from sources, such as the United States Postal Service, debt collection services, reviews of telephone directories or related skip-tracing practices, to locate an alternative address for the vehicle owner or the address of the operator, as applicable.
(2) If an owner of a vehicle or an owner that is a lessor of a vehicle receives an invoice under this section for any time period during which the vehicle was reported to a police department as having been stolen, it shall be a defense to the allegation of liability that the vehicle had been reported to the police as having been stolen prior to the time the travel occurred and that the vehicle had not been recovered by the time of the travel. For purposes of asserting the defense under this paragraph, it shall be sufficient that a certified copy of the police report on the stolen vehicle be sent by first class mail to the commission within 30 days after receiving the original invoice. Failure to send the information within the time limit under this paragraph shall render the owner or lessor liable for the tolls and fees assessed in the invoice as prescribed by this section.
(3) An owner that is a lessor of a vehicle as to which an invoice was issued under paragraph (1) shall not be liable for tolls assessed in the invoice if the owner sends to the commission a copy of the rental, lease or other contract document covering the vehicle on the date of travel, with the name and address of the lessee clearly legible to the commission, within 30 days after receiving the original invoice. Failure to send the information within the time limit under this paragraph shall render the lessor liable for the tolls and fees assessed in the invoice as prescribed by this section. If the lessor complies with the provisions of this section, the lessee of the vehicle on the date of travel shall be deemed to be the owner of the vehicle for purposes of this section and shall be subject to liability for the tolls and fees assessed in the invoice under this section.
(4) A certified report or a facsimile report of an authorized agent or employee of the commission reporting a violation of this section or regulations of the commission based upon the recorded information obtained from a toll collection system shall be prima facie evidence of the facts contained in the report and shall be admissible as an official record kept in the ordinary course of business in any proceeding charging a violation of this section or the toll collection regulations of the commission.
(5) Notwithstanding any other provision of law, videotapes, photographs, microphotographs, other recorded images, written records, reports or facsimiles prepared pursuant to this section shall be for the exclusive use of the commission, its authorized agents, its employees and law enforcement officials for the purpose of discharging duties under this section and the regulations of the commission. The information shall not be deemed a public record under the act of February 14, 2008 (P.L. 6, No. 3),1 known as the Right-to-Know Law. The information shall not be discoverable by court order or otherwise; nor shall it be offered in evidence in any action or proceeding which is not directly related to a violation of this section, the regulations of the commission or indemnification for liability imposed pursuant to this section. The restrictions set forth in this paragraph:
(c) Placement of electronic toll collection device.--An electronic toll collection device which is affixed to the front windshield of a vehicle in accordance with the regulations of the commission shall not be deemed to constitute a violation of 75 Pa.C.S. § 4524 (relating to windshield obstructions and wipers).
(1) Except as set forth under paragraph (2), notwithstanding any other provision of law, all of the following apply to information kept by the commission, its authorized agents or its employees which is related to an account for electronic toll collection and any information collected by a toll collection system:
(i) The information shall be for the exclusive use of the commission, its authorized agents, its employees and law enforcement officials for the purpose of discharging their duties pursuant to this section and the regulations of the commission. This subparagraph includes names, addresses, account numbers, account balances, personal financial information, vehicle movement records and other information compiled by a toll collection system.
(ii) The information shall not be deemed a public record under the Right-to-Know Law, nor shall it be discoverable by court order or otherwise or be offered in evidence in any action or proceeding which is not directly related to the discharge of duties under this section, the regulations of the commission or a violation of the terms in an account.
(3) is the registrant or coregistrant of the vehicle registered with the department or a comparable agency of another jurisdiction or uses the vehicle in its vehicle renting or leasing business. The term includes a person entitled to the use and possession of a vehicle subject to a security interest in another person.
Credits
2007, July 18, P.L. 169, No. 44, § 3, retroactive effective July 1, 2007. Amended 2022, Nov. 3, P.L. 1734, No. 112, § 2, effective in 60 days [Jan. 3, 2023].
Footnotes
65 P.S. § 67.101 et seq.
74 Pa.C.S.A. § 8117, PA ST 74 Pa.C.S.A. § 8117
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
End of Document |