Failure to Pay Toll

From the Law Office of Alison Grinter in Dallas, Texas

Failure to Pay Toll cases are class C misdemeanor offenses. They are governed by 366.178 of the Texas Transportation Code[1], a provision which was clearly drafted by the tollway authorities.
Special provisions:

• Administrative Penalty not to exceed $100 for each violation
• Identity can be proven by showing only that the defendant is the registered owner of the vehicle
• Notice of violation prior to filing a misdemeanor charge with the JP need only be sent by First Class Mail to the registered vehicle owner at the address of vehicle registration.
• Vehicle owners can be cited even if their vehicle was towed through the toll plaza.
  

Statute

§ 366.178. FAILURE OR REFUSAL TO PAY TOLL.

(a) A motor vehicle other than an authorized emergency vehicle, as defined by Section 541.201, that passes through a toll collection facility, whether driven or towed, shall pay the proper toll. The exemption from payment of a toll for an authorized emergency vehicle applies regardless of whether the vehicle is:
      (1) responding to an emergency;
      (2) displaying a flashing light; or
      (3) marked as a police or emergency vehicle.
(b) A person who fails or refuses to pay a toll provided for the use of a project is liable for a fine not to exceed $250, plus an administrative fee incurred in connection with the violation.
(c) If a person fails to pay the proper toll:
      (1) on issuance of a notice of nonpayment, the registered owner of the nonpaying vehicle shall pay both the proper toll and the administrative fee; and
      (2) an authority may charge an administrative fee of not more than $100 to recover the cost of collecting the unpaid toll.
(d) Notice of nonpayment under Subsection (c)(1) shall be sent by first-class mail and may not require payment of the proper toll and the administrative fee before the 30th day after the date the notice is mailed. The registered owner shall pay a separate toll and administrative fee for each nonpayment.
(e) If the registered owner of the vehicle fails to pay the proper toll and administrative fee in the time specified by the notice, the owner shall be cited as for other traffic violations as provided by law, and the owner shall pay a fine of not more than $250 for each nonpayment.
(f) In the prosecution of a violation for nonpayment, proof that the vehicle passed through a toll collection facility without payment of the proper toll together with proof that the defendant was the registered owner or the driver of the vehicle when the failure to pay occurred, establishes the nonpayment of the registered owner. The proof may be by testimony of a peace officer or authority employee, video surveillance, or any other reasonable evidence.
(g) The court of the local jurisdiction in which the violation occurs may assess and collect the fine in addition to any court costs. The court shall collect the proper toll and administrative fee and forward the toll and fee to the authority.
(h) It is a defense to nonpayment under this section that the motor vehicle in question was stolen before the failure to pay the proper toll occurred and was not recovered by the time of the failure to pay, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
      (1) the occurrence of the failure to pay; or
      (2) eight hours after the discovery of the theft.
(i) A registered owner who is the lessor of a vehicle for which a notice of nonpayment has been issued is not liable if, not later than the 30th day after the date the notice of nonpayment is mailed, the registered owner provides to the authority a copy of the lease agreement covering the vehicle on the date of the nonpayment. The name and address of the lessee must be clearly legible. If the lessor timely provides the required information, the lessee of the vehicle on the date of the violation is considered to be the owner of the vehicle for purposes of this section. The lessee is subject to prosecution for failure to pay the proper toll if the authority sends a notice of nonpayment to the lessee by first-class mail not later than the 30th day after the date of the receipt of the information from the lessor.

Added by Acts 1997, 75th Leg., ch. 1171, § 7.24, eff. Sept. 1, 1997.

Amended by: Acts 2007, 80th Leg., R.S., Ch. 258, § 4.03, eff.
September 1, 2007.

Notes

The problem in cases for failure to pay toll is the tollway authority and its "double whammy" system of administrative fees on top of the fines assessed in the criminal system for the violations. Many courts require that the defendant settle with the tollway authority over the "administrative fees" and unpaid tolls before they will accept a plea of any kind. Usually the tollway authority will have multiple violations on any particular defendant, and will file criminal cases on one or two in an effort to extort the defendant into settling, then if no settlement is reached, file more and more. The cases are often filed in several jurisdictions at once, causing the greatest possible hassle for the defendant. The whole thing is astoundingly aggravating and expensive for the defendant.

That being said, NTTA  will make an offer for a substantial reduction in the "Administrative Fees" and settle over the phone. It is certainly worthwhile to ask for a list of violations and dates to check for, among other things, expiration of limitations.

It should also be said that this is not a particularly equitable statute, and the defendant might fare well in front of a jury.

Discuss this article with the Law Office of Alison Grinter