1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3558 By: Kendrix
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6 AS INTRODUCED
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7 An Act relating to Oklahoma Turnpike Authority;
7 amending 47 O.S. 2021, Section 11-1401.2, as amended
8 by Section 96, Chapter 282, O.S.L. 2022 (47 O.S.
8 Supp. 2023, Section 11-1401.2), which relates to the
9 Oklahoma Electronic Toll Collection Act; requiring
9 certain billing information be cross-checked;
10 authorizing the Oklahoma Turnpike Authority to
10 promulgate certain rules or procedures; and providing
11 an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 47 O.S. 2021, Section 11-1401.2,
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16 as amended by Section 96, Chapter 282, O.S.L. 2022 (47 O.S. Supp.
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17 2023, Section 11-1401.2), is amended to read as follows:
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18 Section 11-1401.2 A. For purposes of this section:
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19 1. "Authority" means the Oklahoma Turnpike Authority;
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20 2. "Department" means the Department of Public Safety;
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21 3. "Electronic toll collection system" means a system of
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22 collecting tolls or charges which is capable of charging an account
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23 holder the appropriate toll or charge by transmission of information
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24 from an electronic device on a motor vehicle to the toll lane, which
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 1 information is used to charge the account the appropriate toll or
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2 charge;
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3 4. "Owner" means any person, corporation, partnership, firm,
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4 agency, association, or organization who, at the time of the
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5 violation and with respect to the vehicle identified in the notice
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6 of toll evasion violation:
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7 a. is the beneficial or equitable owner of the vehicle,
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8 b. has title to the vehicle,
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9 c. is the registrant or coregistrant of the vehicle which
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10 is registered with Service Oklahoma or a similar
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11 registering agency of any other state, territory,
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12 district, province, nation or other jurisdiction,
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13 d. uses the vehicle in its vehicle renting businesses, or
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14 e. is a person entitled to the use and possession of a
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15 vehicle subject to a security interest in another
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16 person;
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17 5. "Photo-monitoring system" means a vehicle sensor installed
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18 to work in conjunction with a toll collection facility which
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19 automatically produces one or more photographs, one or more
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20 microphotographs, a videotape or other recorded images of each
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21 vehicle at the time it is used or operated on the turnpikes under
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22 the Authority's jurisdiction;
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23 6. "Toll collection regulations" means those rules and
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24 regulations of the Oklahoma Turnpike Authority or statutes providing
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 1 for and requiring the payment of tolls and/or charges prescribed by
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2 the Authority for the use of turnpikes under its jurisdiction or
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3 those rules and regulations of the Authority or statutes making it
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4 unlawful to refuse to pay or to evade or to attempt to evade the
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5 payment of all or part of any toll and/or charge for the use of
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6 turnpikes under the jurisdiction of the Authority;
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7 7. "Toll evasion violation" means a failure to comply with the
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8 Authority's toll collection regulations, including the failure to
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9 pay an invoice submitted by the Authority via its video toll
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10 collection system;
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11 8. "Vehicle" means every device in, upon or by which a person
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12 or property is or may be transported or drawn upon a highway, except
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13 devices used exclusively upon stationary rails or tracks;
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14 9. "Video toll collection system" means a photo-monitoring
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15 system used to charge and collect tolls from owners of vehicles
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16 imaged using the turnpike system. The owner of a vehicle imaged by
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17 the photo-monitoring system may or may not be an Authority account
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18 holder; and
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19 10. "Video toll collection system account" means the
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20 administrative assignment of all vehicles registered to an owner to
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21 an account for efficient billing of the appropriate toll or charge
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22 to an owner.
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23 B. 1. Notwithstanding any other provision of law, there shall
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24 be imposed monetary liability on the owner of a vehicle for failure
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 1 of an operator thereof to comply with the toll collection
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2 regulations of the Oklahoma Turnpike Authority in accordance with
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3 the provisions of this section.
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4 2. An owner's vehicle shall be registered with Service Oklahoma
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5 or a similar registering agency of this state or any other state,
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6 territory, district, province, nation or other jurisdiction that
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7 permits access to owner registration information upon request by or
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8 agreement with the Authority for the purpose of carrying out the
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9 Authority's governmental functions. If a registering agency does
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10 not permit access to the Authority, an owner may comply by direct
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11 registration with the Authority.
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12 3. a. The owner of a vehicle shall be liable for a civil
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13 penalty imposed pursuant to this section if the
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14 vehicle was used or operated with the permission of
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15 the owner, express or implied, in violation of the
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16 toll collection regulations, and such violation is
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17 evidenced by information obtained from a photo-
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18 monitoring system.
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19 b. No owner of a vehicle shall be liable for a penalty
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20 imposed pursuant to this section where the operator of
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21 the vehicle has been convicted of failing to pay a
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22 cash toll, in violation of toll collection
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23 regulations, for the same incident.
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 1 c. An owner or operator of a vehicle is subject to a
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2 charge by the Department or other law enforcement
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3 agency for an owner's failure to timely pay an invoice
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4 for tolls and/or charges submitted by the Authority
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5 through its video toll collection system.
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6 4. A certificate, sworn to or affirmed by an agent of the
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7 Authority, or facsimile thereof, based upon inspection of
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8 photographs, microphotographs, videotape or other recorded images
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9 produced by a photo-monitoring system shall be prima facie evidence
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10 of the facts contained therein and shall be admissible in any
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11 proceeding charging a violation of toll collection regulations. The
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12 photographs, microphotographs, videotape or other recorded images
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13 evidencing such a violation shall be available for inspection and
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14 admission into evidence in any proceeding to adjudicate the
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15 liability for the violation. Each photo-monitoring system shall be
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16 checked bimonthly for accuracy, and shall be maintained, adjusted or
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17 replaced if necessary to ensure the systems are operating properly.
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18 5. An owner found liable for a violation of toll collection
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19 regulations pursuant to this section shall be liable for a monetary
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20 penalty of Twenty-five Dollars ($25.00) for each violation.
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21 Liability for this monetary penalty does not abrogate an owner's
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22 obligation to pay toll charges associated with the violation, and
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23 the Authority may pursue collection of such unpaid toll charges
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24 pursuant to this section.
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 1 6. An imposition of liability pursuant to this section shall be
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2 based upon a preponderance of evidence as submitted. An imposition
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3 of liability pursuant to this section shall not be deemed a
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4 conviction as an operator and shall not be made part of the motor
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5 vehicle operating record of the person upon whom such liability is
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6 imposed nor shall it be used for insurance purposes in the provision
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7 of motor vehicle insurance coverage.
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8 7. a. A notice of toll evasion violation shall be sent by
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9 regular first-class mail to each person alleged to be
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10 liable as an owner for a violation of toll collection
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11 regulations. The notice shall be mailed no later than
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12 forty-five (45) days after the alleged violation. A
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13 manual or automatic record of mailing prepared in the
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14 ordinary course of business shall be prima facie
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15 evidence of the receipt of the notice.
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16 b. A notice of toll evasion violation shall contain the
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17 name and address of the person alleged to be liable as
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18 an owner for a violation of toll collection
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19 regulations pursuant to this section, the registration
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20 or the license tag number of the vehicle involved in
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21 the violation, the location where the photo-monitoring
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22 system recorded the vehicle's image, the date and time
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23 of the image, the identification number of the photo-
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24 monitoring system which recorded the image or other
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 1 document locator number and the nature of the
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2 violation.
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3 c. Notice of toll evasion violation shall be prepared and
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4 mailed by the Authority or its agents and shall
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5 contain information advising the person of the
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6 applicable monetary penalty and method of payment
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7 thereof and the manner and the time in which the
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8 person may contest the liability alleged in the
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9 notice. The notice of toll evasion violation shall
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10 contain, or be accompanied with, an affidavit of
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11 nonliability and information of what constitutes
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12 nonliability, information as to the effect of
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13 executing the affidavit and instructions for returning
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14 the affidavit to the Authority and shall also contain
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15 a warning to advise the persons charged that failure
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16 to contest in the manner and time provided shall be
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17 deemed an admission of liability and that the penalty
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18 shall be imposed and may be collected as authorized by
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19 law. In addition to the notice required by
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20 subparagraph a of this paragraph, the Authority may
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21 elect to send a subsequent notice of toll evasion
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22 violation by certified mail or other comparable form
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23 of private or public delivery service. Such notice
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24 shall contain a statement to the registered owner
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 1 that, unless the registered owner pays the toll
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2 evasion penalty or contests the notice within twenty-
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3 one (21) days after receipt of the certified mail
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4 notice of toll evasion violation or completes and
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5 files the affidavit of nonliability, the renewal of
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6 the vehicle registration shall be contingent upon
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7 compliance with the notice of toll evasion violation.
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8 d. If the toll evasion penalty is received by the
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9 Authority and there is no contest as to that toll
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10 evasion violation, the proceedings under this section
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11 shall terminate.
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12 e. If the registered owner fails to pay the toll evasion
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13 penalty as required in this section, or fails to
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14 contest the notice of toll evasion violation issued
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15 pursuant to subparagraph c of this paragraph as
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16 provided in subparagraph a of paragraph 8 of this
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17 subsection, the registered owner shall be deemed
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18 liable for the violation by operation of law. The
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19 toll evasion penalty and any administrative fees or
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20 charges shall be considered a debt due and owing the
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21 Authority by the registered owner and the Authority
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22 may proceed to collect such penalty, fees or charges
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23 under paragraph 10 of this subsection.
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 1 8. a. Within twenty-one (21) days after receipt of a notice
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2 of toll evasion violation a person may contest a
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3 notice of toll evasion violation. In that case, the
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4 Authority shall do the following:
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5 (1) the Authority shall investigate the circumstances
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6 of the notice with respect to the contestant's
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7 written explanation of reasons for contesting the
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8 toll evasion violation. If, based upon the
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9 results of the investigation, the Authority is
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10 satisfied that the violation did not occur or
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11 that the registered owner was not responsible for
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12 the violation, the Authority shall maintain an
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13 adequate record of the findings of the
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14 investigation. Within thirty (30) days of
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15 receipt of a notice of contest the Authority
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16 shall complete such investigation and mail the
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17 results of the investigation to the person who
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18 contested the notice of toll evasion violation,
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19 and
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20 (2) if the person contesting a notice of toll evasion
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21 violation is not satisfied with the results of
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22 the investigation provided for in division (1) of
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23 this subparagraph, the person may, within fifteen
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24 (15) days of the mailing of the results of the
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 1 investigation, deposit the amount of the toll
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2 evasion penalty and request an administrative
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3 review. An administrative review shall be held
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4 within ninety (90) calendar days following the
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5 receipt of a request for an administrative
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6 review, excluding any continuance time. The
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7 person requesting the review may request and
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8 shall be allowed one continuance, not to exceed
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9 twenty-one (21) calendar days.
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10 b. The administrative review procedure shall consist of
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11 the following:
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12 (1) the person requesting an administrative review
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13 shall indicate to the Authority his or her
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14 election for a review by mail or personal
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15 conference and may provide materials in support
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16 of the contest of the results of the
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17 investigation,
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18 (2) upon ten (10) days' written notice mailed to the
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19