CHAPTER
Tra 700 E-ZPass ELECTRONIC AND OTHER
TOLL PAYMENTS
PART
Tra 701 E-ZPass AND OTHER UNPAID
TRANSACTIONS
Tra 701.01 Purpose and Scope.
(a)
The purpose of this part is to set forth the duties and responsibilities
of E-ZPass account-holders, users of the turnpikes system, the department, and
the department's customer service vendor with respect to electronic and other
toll payments and consequences for non-payment.
(b)
This part shall apply to all toll payments and violations.
(c)
All information received or collected by the department in the course of
administering the E-ZPass electronic toll collection system shall be used only
for the purposes set forth in RSA 237:16-e.
Source. #8422, eff 8-23-05, EXPIRED: 8-23-13
New. #10634, eff 7-2-14
Tra 701.02 Definitions.
(a) “Account holder”
means a person or corporation who has established an account with the vendor
for one or more vehicles to be recognized as participating in
(b)
“Administrative fee” means a financial penalty imposed by the department
pursuant to RSA 236:31, IV (d).
(c)
“Administrative fine” means a financial penalty imposed by the division
pursuant to RSA 263:56-f, II.
(d)
“Department” means the department of transportation.
(e)
“Division” means the division of motor vehicles, department of safety.
(f)
“E-ZPass” means the electronic toll collection system established
pursuant to RSA 236:31, I(c).
(g) “Order of suspension” means that the
division has suspended the motor vehicle registration renewal privileges upon a
finding that the vehicle owner is liable for tolls and fees due for violations.
(h)
“Patron fare indicator” means a device attached to each island traffic
light to display a range of messages related to tolls or the E-ZPass account.
(i)
“Restoration fee” means the cost for reinstatement of motor vehicle
registration privileges imposed by the division pursuant to RSA 263:56-f, V(b).
(j)
“Vehicle classification” means the toll category, based upon the type of
vehicle, number of axles, dual tires, or both, used to determine the toll due.
(k)
“Vendor” means the department’s designee contractually obligated to
operate the customer service center.
(l)
“Violation” means “violation” as defined in RSA 236:31, I(h), namely “to
fail, neglect, or refuse to pay the toll or charge for the use of the bridge,
highway, or part thereof, by a motor vehicle.”
(m)
“Unpaid transaction” means that a motor vehicle entered a toll lane and
payment was not made.
(n)
“Inadvertent violation” means a motor vehicle entered a toll lane in
error.
(o) “
(p)
“Processing Fees” are the fees associated with the department’s means to
cover the cost for processing the unpaid transaction.
Source. #8422, eff 8-23-05, EXPIRED: 8-23-13
New. #10634, eff 7-2-14
Tra 701.03 Detection of Violation.
(a)
The department shall install and operate the following equipment in each
lane designated for electronic toll payment within the toll plaza:
(1) An antenna to read the transponder of the
vehicle passing through the lane to obtain account information;
(2) An optical vehicle scanner in combination
with a treadle to verify the vehicle classification of the vehicle passing
through the lane;
(3) A treadle used to determine the total number of
axles on the vehicle passing through the lane;
(4) A camera at the entrance of the lane and
another at the exit of the lane positioned to capture images of the vehicle’s
front and or rear license plates when a potential unpaid transaction has been
detected; and
(5) An island traffic light and a patron fare
indicator that displays the following:
a. “Go E-ZPass” for a completed transaction;
b. “Low Bal Check
Account” when account is below the minimum replenishment threshold;
c. “Unpaid Call E-ZPass” if the transaction is
not completed;
d. “Neg Bal Call E-Pass” if the account is
negative; or
e. “Fare Due” and then “Bill by Mail” for a no
fund transaction.
(b)
The department shall install and operate the following equipment in each
lane designated for electronic toll payment within the open road tolling lanes
(ORT) or all electronic tolling (AET) plazas:
(1) A series of loops which will detect the
vehicle entering and exiting the toll zone, count the number of axles on the
vehicle, determine the vehicle’s classification, and trigger/notify the
antenna, camera and scanner equipment;
(2) An antenna to read the transponder of the
vehicle passing through the lane to obtain account information;
(3) An optical vehicle scanner in combination
with the loops to identify the classification of the vehicle passing through
the lane; and
(4) A camera at the entrance of the ORT zone and
another at the exit of the ORT zone positioned to capture images of the
vehicle’s front and rear license plates when a potential unpaid transaction or
a class mismatch transaction has been detected. A class mismatch shall occur
when a vehicle’s transponder does not match the automatic vehicle
classification system (AVC), for example when a customer pulling a trailer with
a transponder for a 2 axle vehicle but classification reflects a 3 axle
vehicle.
(c)
The information obtained pursuant to (a) and (b), above, shall be used
to determine the toll amount to be paid for the vehicle passing through the
toll zone or plaza. If there are
sufficient funds in the account-holder’s account to pay the amount due, such
amount shall be deducted from the account and the transaction completed.
(d)
A potential unpaid transaction shall be deemed to have occurred if:
(1) The vehicle has no transponder or if no
transponder was detected; or
(2) The vehicle has an invalid transponder, that
is, insufficient funds in the account holder’s account, or a lost or stolen
transponder that has been reported as such.
(e)
In a standard dedicated E-ZPass
only lane, ORT and AET lanes, cameras shall capture images
of the front and rear license plates of all vehicles passing through the toll
lanes or zone. Images shall only be
retained for unpaid transactions (d)(1) or (2) and class mismatches.
(f)
Images captured for toll collection or enforcement purposes will only be
saved for unpaid transactions (d)(1) or (2) or class mismatches. Images shall
be deleted within 3 seconds when a full cash payment is made at the toll booth
for the correct classification. Images
shall also be deleted when a valid transponder is recognized with the correct
classification at the toll booth.
(g)
The cameras shall be positioned so as to attempt to not capture the
image of the face of any operator or passenger in the motor vehicle unless,
pursuant to RSA 236:31, V, “the production of such image is unavoidable because
the operator or passenger is not in a passenger compartment, as on a
motorcycle.” Such images shall be stored
in computers maintained by the department. Such images shall be stored by the
department for a maximum of 30 days in toll lanes.
(h) In a toll plaza with Cash/E-ZPass and
dedicated E-ZPass lanes, subsequent to detection of a potential unpaid transaction,
the department shall provide to the driver of the vehicle the following visual
and auditory signals if no transponder is detected or if an invalid, lost, or
stolen transponder is detected:
(1) The island traffic light shall turn green;
(2) A red beacon mounted on top of the island
traffic light shall flash;
(3) An alarm shall sound; and
(4)
An “UNPAID CALL E-ZPASS” or “NEG BAL CALL E-ZPASS” message shall be displayed
on the patron fare indicator.
Source. #8422, eff 8-23-05, EXPIRED: 8-23-13
New. #10634, eff 7-2-14
Tra 701.04 Vendor Responsibilities.
(a)
On at least a daily basis, the vendor shall retrieve the captured
potential unpaid transaction images from the computers maintained by the
department pursuant to Tra 701.03(e) and (f).
(b)
The vendor shall use the captured images of the vehicle to determine the
license plate number of the vehicle.
Once the vendor has determined the license plate number, the vendor
shall match it against each database of account-holders to which it has
access. If a positive match is made to
an account and the account-holder has sufficient funds in the account to pay,
the full amount of the toll with applicable discount shall be deducted from the
account-holder's prepaid toll balance and the transaction shall be
completed. If a positive match is not
made, the vendor shall send the
(c)
Upon receipt by the vendor of the data provided by the division or the
appropriate state’s analogous motor vehicle agency, if there are insufficient
funds in the account-holder’s prepaid toll balance, or the registered vehicle’s
owner is not an account holder, the vendor shall prepare a payment request that
shall be sent to the vehicle owner or account-holder within 30 days of the date
of the unpaid transaction. Each payment
request shall be in 2 sections, that is, a payment section and a dispute
section.
(d)
The payment section of each payment request prepared pursuant to (c)
above shall include:
(1) The following information regarding the
unpaid transaction:
a. The notice number assigned to the unpaid
transaction by the E-ZPass system;
b. The transponder number or the license plate
number and plate type, when appropriate, of the vehicle;
c. The name of the toll plaza;
d. The toll lane number;
e. The date and time;
f. The unpaid toll due; and
g. One image of the license plate that incurred
the unpaid transactions, which shall be included only with the first payment
request;
(2) A request for payment of the toll due and a
processing fee or administrative fee for each unpaid transaction or violation;
and
(3) Instructions as to how payment may be made,
which shall be by either of the following methods:
a. A check or money order:
1. Payable to E-ZPass; and
2. With the notice number(s) written on the
payment; or
b. Authorization of payment by credit card.
(e)
The dispute section of each payment request prepared pursuant to (c)
above shall include:
(1) A statement advising that the account holder
or registered vehicle owner will not be required to pay the outstanding toll
amount and processing fee or administrative fee if the account holder or
registered vehicle owner provides to the vendor the information and
documentation required pursuant to RSA 236:31, III(a) or (b) regarding a stolen
vehicle or lease/rental vehicle;
(2) A designated space for the account holder or registered vehicle owner to explain
and certify the circumstances surrounding an inadvertent violation;
(3) A statement that the processing fee or
administrative fee shall not accompany payment of the toll amount owed if the
registered vehicle owner claims an inadvertent violation and pays the
outstanding toll amount;
(4) An option for the
a. Name;
b. NH E-ZPass
account number only; and
c. Transponder number;
(5) A place for the account holder or registered vehicle owner to certify
the truthfulness of facts and information he or she provided on the form to
dispute the unpaid transaction or toll violation by providing the following:
a. The account holder’s or registered vehicle
owner’s name and complete mailing address;
b. The account holder’s or registered vehicle
owner’s daytime and evening phone numbers;
c. The account holder’s or registered vehicle
owner’s signature; and
d. The date the dispute form was signed by the
account holder or registered vehicle owner;
(f)
Failure either to pay the outstanding toll amount and a $1.00 processing
fee for each unpaid transaction within 30 days from the date of the payment
request or provide the documentation required pursuant to (e)(1) above shall
result in the department issuing a second payment request for payment of the
toll and a $1.50 processing fee per unpaid transaction.
(g)
Failure either to pay the second payment request within 30 days from the
date on the payment request or provide the documentation required pursuant to
(e)(1) above shall result in the
department issuing a Notice of Toll
Violation requesting payment of the toll
and a $25.00 administrative fee per unpaid transaction.
(h)
If the account holder or registered vehicle owner pays the outstanding
toll amount and the processing fee or administrative fee before the 31st,
61st or 91st day following the unpaid transaction, the
transaction shall be completed and no further action shall be taken.
(i) Failure to pay the violations within 30 days
from the date of the notices of violation or provide the documentation required
pursuant to (e)(1) above shall result in the following:
(1) The information for each account holder or
registered plate owner shall be sent to the division as determined by the
commissioner in consideration of the department’s and the division’s financial and staffing efficiencies, and
provided that the referral of violations is uniformly applied; and
(2) Upon review and approval by the department
that the account holder or registered owner was provided notice of the
violations and the violations remain unpaid:
a. The
vendor shall request denial of registration renewal privileges for the account
holder or registered plate owner by the division pursuant to RSA 263:56-f for
vehicles registered in new hampshire; or
b. If the
plate is registered in another jurisdiction which participates in reciprocal
toll enforcement with
Source. #8422, eff 8-23-05, EXPIRED: 8-23-13
New. #10634, eff 7-2-14
PART
Tra 702 E-ZPass RESPONSIBILITY OF
ACCOUNT HOLDER, REGISTERED VEHICLE OWNER, AND DEPARTMENT
Tra 702.01 Account Holder and Registered Vehicle
Owner Responsibilities.
(a)
The account holder shall affix the transponder to the vehicle according
to the instructions described in the account contract terms and conditions
as follows:
(1) The account holder shall sit inside the
vehicle facing forward;
(2) The account holder shall select a location
behind and to the right of the rearview mirror and one inch below the window
frame; and
(3) With the E-ZPass logo facing the account
holder, right side up, affix the transponder to the selected spot on the inside
of the windshield with adhesive strips supplied with the transponder.
(b) A transponder may be used in multiple
vehicles of the same vehicle type and classification, that is, 2-axle single
rear tire cars or trucks.
(c)
To keep a positive account balance, the account holder shall maintain at
least the minimum funding levels as established in the account contract terms
and conditions, and the account holder shall replenish the account at the
minimum following levels:
(1) For a passenger car, $30.00 for 1 or 4 transponders;
and
(2) For a commercial vehicle, $40.00 for each
transponder ordered.
(d)
The account holder shall notify the vendor of all changes in information
provided on the application for the account, including:
(1) License plate numbers and plate types;
(2) The make, model, and year of each vehicle
covered under the account;
(3) Method or source of payment; and
(4) Changes in vehicle class.
(e)
The account holder or registered vehicle owner shall respond to an
invoice or notice of toll violation by:
(1) Paying the outstanding toll amount and the
processing fee or administrative fee or authorizing charges to the account
holder’s E-ZPass account;
(2) Not paying the outstanding toll amount and
the processing fee or administrative fee and providing the documentation
required pursuant to Tra 701.04(e)(1) to the vendor; or
(3) Paying the outstanding toll amount, but not
paying the processing fee or administrative fee, and explaining and certifying
the circumstances surrounding an inadvertent violation.
(f)
The account holder or registered vehicle owner may request a review by
the department of the vendor’s determination regarding payment of processing
fees or administrative fees and tolls by making the request to the department at the
following address:
NHDOT
Bureau of Turnpikes
NHDOT
E-ZPass Program Manager
(g)
The account holder or registered vehicle owner shall certify the
truthfulness of facts and information the account-holder has provided on the
form to dispute the toll violation by providing the following:
(1) The account holder’s or registered vehicle
owner’s name and complete mailing address;
(2) The account holder’s or registered vehicle
owner’s daytime and evening phone numbers;
(3) The account holder’s or registered vehicle
owner’s signature; and
(4) The date the dispute form was signed by the
account holder or registered vehicle owner.
(h)
The account holder or registered vehicle owner shall pay all outstanding
toll amounts and processing fees or administrative fees determined by the
department to be owed by the account holder or registered vehicle owner.
(i) The
account holder or registered vehicle owner shall make payment of outstanding
tolls and processing fees or administrative fees to the vendor at all times.
(j) Pursuant
to Saf-C 217.02, the account holder or registered vehicle owner may request an
administrative hearing with the division within 30 days of notice of
registration renewal denial if the account holder or registered vehicle owner
disputes payment of the outstanding tolls and administrative fees.
(k) The account
holder or registered vehicle owner shall agree that use of
the system will result in the release of division of motor vehicle information,
including vehicle owner’s name, address, and plate information to the state of
New Hampshire, or other states and their agents for toll collection or toll
enforcement purposes only.
(l) The account holder or
registered vehicle owner
shall agree that use of the E-ZPass system in other jurisdictions may subject
the owners of registered vehicles to consequences in the other jurisdictions
for non-payment.
Source. #8422, eff 8-23-05, EXPIRED: 8-23-14
New. #10634, eff 7-2-14
Tra
702.02 Department Responsibilities.
(a) The department shall maintain computer images
of all front and rear vehicle license plates of potential unpaid transactions
for access by the vendor as provided for in Tra 701.03(e) and (f).
(b) Pursuant to RSA 263:56-f, V (a), the
department shall provide notice to the division when all tolls and fees have
been paid.
Source. #8422, eff 8-23-05, EXPIRED: 8-23-13
New. #10634, eff 7-2-14
PART Tra 703 SUSPENSION AND DENIAL OF E-ZPASS ACCOUNT
PRIVILEGES
Tra 703.01 Suspension
of Account Privileges.
(a) An account
holder’s E-ZPass account privileges shall be suspended by the department if the
department determines that the account holder or registered vehicle owner has
abused the E-ZPass system, as follows:
(1) Failure to abide by these
rules as provided in Tra 702.01, including but not limited to:
a. Failure to maintain a positive account
balance;
b. Failure to fund the account;
c. Failure to update account information; or
d. Failure to clear violations in the allotted
90 days;
(2) Attempts to avoid paying
outstanding tolls and/or fees due for violations;
(3) Opening another account in
the same name or another name to continue using the system while refusing to
pay outstanding tolls and/or fees due for violations;
(4) Transferring plates in an attempt to avoid paying outstanding tolls
and/or fees due for violations;
(5) Dismissal of outstanding tolls and/or fees due for violations as
part of a bankruptcy proceeding; or
(6) Any other act or omission that
constitutes an abuse of the E-ZPass system.
(b) The department
shall notify the account holder when an account is suspended, provided that the
account holder has provided updated contact information.
(c) Use of a
suspended account shall result in all tolls and fees being due in full.
Source. #10634, eff 7-2-14
Tra
703.02 Denial of Account Privileges.
(a) An individual or
business shall be denied future E-ZPass account privileges, if the department
determines that:
(1) There has been a repeated
failure to pay outstanding tolls and/or fees due for violations or repeated
breach of the account holder’s obligations, including, but not limited to, the
following:
a. The department requests denial of
registration renewal 3 or more times by the division for all plates combined
under the account holder’s account or in the registered vehicle owner’s name;
b. The department requests denial of
registration renewal 3 or more times by the division for all plates combined
under the account holder’s name or the registered vehicle owner’s name; or
c. The account holder or the registered vehicle
owner incurs 50 or more violations that
remain unpaid for 6 months or more;
(2) The account holder or the
registered vehicle owner continues to use a suspended account for any period of
time after the account is suspended;
(3) The account holder opens
another account while violations are outstanding on an existing account or the registered
vehicle owner opens an account while violations are outstanding on the
registered vehicle owner’s plate through another account;
(4) The account holder opens
another account when an existing account is suspended;
(5) The account holder uses
another individual’s or business’ account privileges while the account holder’s
account privileges are suspended;
(6) There has been a discharge of outstanding tolls and or fees as part
of a bankruptcy proceeding; or
(7) There has been any other repeated abuse of the E-ZPass system beyond
those in (1)-(6) above.
(b) If an account
holder or registered vehicle owner asserts that the department’s
decision to deny account privileges was erroneous, the account holder or registered
vehicle owner may file:
(1) A request for review by the
hearings examiner at:
NHDOT
(2) Submit a statement under oath
stating the following:
a. The denial is in error;
b. The individual or business did not have a
combination of plates under their account that was subject to denial of
registration renewal 3 or more times due to unpaid E-ZPass violations;
c. The individual or business is not the
registered owner of a combination of
plates that was subject to denial of registration renewal 3 or more times due
to unpaid E-ZPass violations;
d. The individual or business is not the
registered owner of a plate or combination of plates that incurred 50 or more
violations that remain unpaid for 6 months or longer;
e. The individual or business did not continue
to use a suspended account for any period of time;
f. The individual or
business did not open another account while violations were outstanding on an
existing account;
g. The individual or business did not open an
account while violations were outstanding on the individual’s or business’
plate under an existing account;
h. The individual or
business did not use another individual’s or business’ account
privileges while the individual’s or business’ own account privileges are
suspended;
i. There has not been a discharge of outstanding
violations (tolls and or fees) as part of a bankruptcy proceeding; and
j. The individual or business
has not committed any repeated abuse of the E-ZPass system.
(c) After a period
of 3 years, an account holder or registered vehicle owner may request
reinstatement of account privileges following a review by the hearings examiner
or a hearing pursuant to Tra 200.
(d) The account
holder or registered vehicle owner shall request a review or a hearing on the
matter of reinstatement in writing to the hearings examiner at NHDOT,
(e) Account
privileges shall be reinstated if the department determines, based upon the
following, that the account holder or registered owner is likely to maintain a
properly funded account and avoid incurring violations:
(1) The number of violations;
(2) The number of times the
account was negative;
(3) The amount of time before the
violations were paid;
(4) The account holder’s or registered plate owner’s responsiveness to
the department’s communication regarding the violations;
(5) The account holder’s or registered
plate owner’s attempts to thwart the system and or avoid paying the tolls;
(6) The account holder’s or
registered plate owner’s use of deception to avoid paying the tolls;
(7) The account holder’s or
registered plate owner’s use of other names or use of another account to retain
privileges while refusing or neglecting to pay the tolls due;
(8) The transfer of a vehicle to
another party in an attempt to circumvent the denial of registration privileges
process;
(9) Any other factors or considerations
that indicate whether the account holder or registered vehicle owner is likely
to maintain a properly funded account and avoid incurring violations.
Source. #10634, eff 7-2-14
Appendix
Rule |
|
|
|
Tra 701.01 |
RSA 541-A:8 |
Tra 701.02 |
RSA 541-A:8 |
Tra 701.03 |
RSA 236:31, IV & V |
Tra 701.04 |
RSA 236:31, IV, V
& VI |
Tra 702.01 |
RSA 236:31, II &
III |
Tra 702.02 |
RSA 236:31, IV, V
& VI |
Tra 703 |
RSA 236:31 IV |