CHAPTER
Tra 700 E-ZPass ELECTRONIC TOLL PAYMENT
PART
Tra 701 E-ZPass VIOLATIONS
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, the department, and the department's customer
service vendor with respect to an electronic toll payment violation.
(b)
This part shall apply to electronic toll violations, only. This part shall not apply to any other toll
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
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 driving
privileges, motor vehicle registration or motor vehicle resident plates upon a
finding that the account holder or vehicle owner is liable for a violation of
electronic toll payment.
(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 driving
privileges, resident plates, and motor vehicle registration 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.”
Source.
#8422, eff 8-23-05
Tra 701.03 Detection of Violation.
(a) The department shall install and operate the
following equipment in each lane designated for electronic toll payment:
(1) An antenna to read
the transponder of the vehicle passing through the lane to obtain account
information;
(2) An optical
vehicle scanner to verify the vehicle classification of the vehicle passing
through the lane;
(3) A 2-contact treadle 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 rear registration plates when a potential violation has been detected;
and
(5) An island traffic
light and a patron fare indicator that shall display “Go E-ZPass” for a
completed transaction or “Call E-ZPass” if the transaction is not completed.
(b) The information obtained pursuant to (a), above,
shall be used to determine the toll amount to be paid for that vehicle. If there are sufficient funds in the
account-holder’s account to pay the amount due, such amount shall be deducted
from the account, the island traffic light shall turn green, and the
transaction completed.
(c) A potential violation shall be deemed to have
occurred if:
(1) The vehicle has
no transponder or if no transponder was detected;
(2) The vehicle has
an invalid transponder, or a lost or stolen transponder that has been reported
as such;
(3) There are
insufficient funds in the account-holder's account to pay the toll amount due;
or
(4) Any combination
of (1) - (3) is true.
(d) If a potential violation has been detected,
the cameras shall capture images of the front and rear registration plates of
the vehicle in the electronic toll lane.
Such images shall be captured only if a potential violation has been
detected.
(e) 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 7 days.
(f) Following detection of a potential violation,
the department shall provide to the driver of the vehicle the following visual
and auditory signals if no transponder is detected:
(1) The island
traffic light shall remain blank;
(2) A red beacon
mounted on top of the island traffic light shall flash;
(3) An alarm shall sound;
(4) A “CALL E-ZPass” message will be displayed on
the patron fare indicator.
(g) Following detection of a potential violation,
the department shall provide to the driver of the vehicle the following visual
and auditory signals if an invalid, lost, or stolen transponder is detected:
(1) The island traffic light shall turn green;
and
(2) A “CALL E-ZPass” message shall be displayed
on the patron fare indicator.
Source.
#8422, eff 8-23-05
Tra
701.04 Vendor Responsibilities.
(a) On at least a daily basis the vendor shall
retrieve the captured potential violation images from the computers maintained
by the department pursuant to Tra 701.03(d).
(b) The vendor shall use the captured images of
the vehicle to determine the registration plate number of the vehicle. Once the vendor has determined the
registration plate number, the vendor shall match it against each database of
account-holders to which it has access.
If a positive match is made and the account-holder has sufficient funds
in the account to pay, the full amount of the toll 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, or if there are insufficient funds in the account-holder’s prepaid toll
balance, the vendor shall prepare an advisory and payment request that shall be
sent to the vehicle owner or account-holder within 30 days of the date of the
violation. Each advisory and payment
request shall be in 2 sections, a demand section, and a dispute section.
(d) The demand section of each advisory and
payment request prepared pursuant to (c), above, shall include:
(1) The following information regarding the
violation:
a. The violation number assigned to the
incomplete transaction by the E-ZPass system;
b. The registration plate number of the vehicle;
c. The name of the toll plaza;
d. The lane number;
e. The date and time;
f. The unpaid toll due; and
g. An image of the registration plate of the
vehicle for which the toll was not collected as it passed through the
electronic toll lane;
(2) A demand for
payment of the toll due and a $25.00 administrative fee;
(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
2. With the violation number(s) written on the
payment; and
3. Mailed to the vendor in the courtesy envelope
provided; or
b. Authorization of payment by credit card; and
(4) A statement
indicating that the failure either to pay the outstanding toll amount and
administrative fee within 60 days of the date of violation or provide the
documentation required pursuant to (e)(1), below, shall cause the department to
seek an order of suspension pursuant to RSA 263:56-f.
(e) The dispute section of each advisory and
payment request prepared pursuant to (c), above, shall include:
(1) A statement
advising the account-holder that the account-holder will not be required to pay
the outstanding toll amount and administrative fee if the account-holder
provides to the vendor the information and documentation required pursuant to
RSA 236:31, III(a) or (b);
(2) A designated
space for the account-holder to explain and certify the circumstances
surrounding an inadvertent violation;
(3) A statement that
the $25.00 administrative fee shall not accompany payment of the toll amount
owed if the account-holder claims an inadvertent violation and pays the
outstanding toll amount;
(4) An option for the
a. Name;
b. E-ZPass account number; and
c. Transponder number;
(5) An option for a
holder of a non-New Hampshire account to authorize payment of the toll and the
administrative fee by including the account-holder’s:
a. Name;
b. E-ZPass account number; and
c. Transponder number; and
(6) A place for the
account-holder to certify the truthfulness of facts and information the
account-holder has provided on the form to dispute the toll violation by
providing the following:
a. The account-holder’s name and complete
mailing address;
b. The account-holder’s daytime and evening
phone numbers;
c. The account-holder’s signature;
d. The date the dispute form was signed by the
account-holder; and
e. The date and time;
(f) If the account-holder pays the outstanding
toll amount and the $25.00 administrative fee before the 61st day following the
violation, the transaction shall be completed and no further action shall be
taken.
(g) If the account-holder fails to pay the
outstanding toll amount and the $25.00 administrative fee before the 61st day
following the violation, the vendor shall report such nonpayment to the
division, and provide a copy of such report to the department.
Source. #8422,
eff 8-23-05
PART Tra 702 E-ZPass RESPONSIBILITY OF ACCOUNT-HOLDER AND
DEPARTMENT
Tra
702.01 Account-holder
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) Sit inside your vehicle facing forward;
(2) Select a location behind and to the right of
the rearview mirror and one inch below the window frame; and
(3) Peel off the plastic backing and with the E-Z
Pass logo facing you, right side up, affix the transponder to the selected spot
on the inside of your windshield.
(b) A transponder may be used in multiple
vehicles of the same classification.
(c) To keep the account satisfactorily funded,
the account-holder shall maintain at least the minimum funding levels
established in the account contract terms and conditions as follows:
(1) For a passenger car, $30.00 for 2 transponders
and $60.00 for 4 transponders; and
(2) For a commercial
vehicle, $75.00 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) Registration
plate numbers;
(2) The make, model, color,
and year of each vehicle covered under the account;
(3) Method or source
of payment; or
(4) Changes in vehicle class.
(e) The account-holder shall respond to a notice
of violation by:
(1) Paying the outstanding toll amount and the
$25.00 administrative fee or authorizing charges to their
(2) Not paying the outstanding toll amount and
the $25.00 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 $25.00 administrative fee and explaining and certifying the
circumstances surrounding an inadvertent violation.
(f) The account-holder may request a review by
the department of the vendor’s determination regarding payment of
administrative fees and tolls. The
request shall be made to the department at the following address:
Hearings Officer
Room 188
(g) The account-holder 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 name and complete
mailing address;
(2) The account-holder’s daytime and evening phone
numbers;
(3) The account-holder’s signature;
(4) The date the dispute form was signed by the
account-holder; and
(5) The date and time;
(h) The account-holder shall pay all outstanding
toll amounts, administrative fees, and administrative fines determined by the
division to be owed by the account-holder.
(i) The account-holder shall make payment
of outstanding tolls and administrative fees to the vendor at all times.
(j)
Pursuant to Saf-C 217.02, the
account-holder may request an administrative hearing with the division within
30 days of notice of suspension if they dispute payment of the outstanding toll
and administrative fee.
Source.
#8422, eff 8-23-05
Tra
702.02 Department Responsibilities.
(a) The department shall maintain computer images
of all front and rear vehicle registration plates of potential violators for
access by the vendor as provided for in Tra 701.03(d).
(b) Pursuant to RSA 263:56-f, V (a), the
department shall provide notice to the division when all tolls, fees, fines
have been paid.
Source.
#8422, eff 8-23-05
Appendix
|
Rule |
|
|
|
|
|
Tra 701.01 |
RSA 541-A:8 |
|
Tra 701.02 |
RSA 541-A:8 |
|
Tra 701.03 |
RSA 236:31 |
|
Tra 701.04 |
RSA 236:31, II, III, V & VI |
|
Tra 702.01 |
RSA 236:31, II & III |
|
Tra 702.02 |
RSA 236:31 |