REGIONAL TOLL
VIOLATION
ENFORCEMENT
A COOPERATIVE EFFORT OF THE I-95 CORRIDOR COALITION, AAMVA, ATI, IBTTA
AND PARTICIPATING MOTOR VEHICLE AND TOLL AGENCIES
WEBINAR OUTLINE
1.
2.
INTRODUCTIONS
STATEMENT OF PURPOSE AND GOALS
DESCRIPTION OF CURRENT EFFORTS
3.
4.
KEY FACTORS TO BE ADDRESSED
5.
LEGISLATION ALTERNATIVES
6.
7.
FUTURE ACTIONS
QUESTIONS AND ANSWERS
INTRODUCTIONS
JAMES CRAWFORD – MODERATOR
STATEMENT OF
PURPOSE AND
GOAL
DELAWARE SECRETARY OF
TRANSPORTATION
JENNIFER COHAN
PURPOSE

New Toll Collection Technologies necessitate the need for collecting tolls
from those without accounts, including vehicles from other states.

Current practice has been focused on sending notices and trying to
collect. Debt collection practices have been the norm for going after
those who choose not to pay.

Potential to use Motor Vehicle registration or license holds or suspensions
have limited value outside of home state.

New cooperative program in New England shows potential for interstate
cooperation

Desire to expand Interstate Cooperation
Goal
ADVANCE INTERGOVERNMENTAL RELATIONSHIPS TO
IDENTIFY AND COLLECT TOLLS FROM THOSE WHO LACK
A TOLL ACCOUNT REGARDLESS OF THE STATE OF
VEHICLE REGISTRATION EVEN WHEN THE TOLL FACILITY
USER IS RELUCTANT TO MAKE PAYMENT


EXPANDED EXCHANGES OF CUSTOMER INFORMATION
AMONG AGENCIES, CONSISTENT WITH EACH AGENCIES
PRIVACY POLICIES.
DESCRIPTION OF
CURRENT
EFFORTS
NEW ENGLAND
MID-ATLANTIC
OTHER GROUPS
NEW ENGLAND’S COOPERATIVE
AGREEMENTS

Three Bi-Lateral Agreements

Most restrictive rules used in each

Allow for one toll Agency to ask another to initiate a registration hold

All payments made to the Agency initiating the request

DMV lifts hold at authorization of Toll Agency in their State

DMV collects standard restoration fee
Mid-Atlantic States

Meeting held to discuss cooperation.

Presentations made by Pennsylvania, Maryland and Delaware

Further discussions required
Others

These programs are intended to address the most difficult to collect tolls

They generally are focused on adjacent or nearby states

Programs being developed by others to provide matches of account
holders and identification of away customers are not intended to be
changed by this apprach.
DMV PARTICIPATION
KEY FACTORS TO
BE ADDRESSED
MULTI-STATE OR BILATERAL
AGREEMENTS
SENSE OF SCALE
EXTENT OF ACTIONS TAKEN
SYSTEMS AND COSTS
DMV PARTICIPATION

DMV’S must be completely on board for success

DMV’s must be able to direct customers to a local toll operator for
handling of issues

At present non-toll states will not be included

DMV’s must be able to collect their standard fees for restoration of
registrations

DMV’s must be able to receive data in a form that they specify and which
causes minimum additional work and costs
Multi-State or Bilateral

Multi-State agreements would be desirable but initially bilateral
agreements may be necessary

Address the more restrictive requirements

Ensure home state customers of DMV are not treated in a way different from
other violations in their home state

Minimize the number of contact points for the DMV

Allow Toll Agencies to ensure the impacted Agency determines that the tolls
and associated fees are paid (and to waive costs at their disrection)
SENSE OF SCALE



Work done in New England is relatively small scale

Can be done on a Spread Sheet

Each State can handle reviews and adjustments manually
A Mid-Atlantic cooperative program would involve a much larger scale

Need to have an automated data transmission/reception element

Need to format data to meet the processing DMV’s requirements which may
mean double processing

Must rely on computer processing of the images to verify plate data
If costs become significant (e.g. systems modifications, data formatting,
etc) an equitable sharing agreement may be necessary.
EXTENT OF ACTION TAKEN

STATES HAVE DIFFERENT PENALTIES ASSOCIATED WITH FAILURE TO PAY
LEGITIMATE PUBLIC COSTS

Immediate suspension of registration

A hold on registration at time of next renewal

A hold on license renewal at time of next renewal

Customers rely on their home state laws to govern potential penalties

Due Process must be ensured to protect the enforcement program and
these may have to provide for a home state appeal process

Specific clearance procedures must be established
SYSTEMS AND COSTS

There is a need for systems to initiate, monitor and close out enforcement
actions

Must conform to DMV requirements

Must ensure that information on who, what and when are available

Must provide for appeals

Must not require extensive program adjustments or additional software unless
somehow funded
LEGISLATION
EXAMPLES
CURRENT EXAMPLES

New England Legislation

Mid Atlantic Legislation

Other Cooperative Legislation
KEY ELEMENTS OF FUTURE LEGISLATION

Open language as to who can have reciprocal agreements

Clear statement of value and purpose

Maintain current state systems when possible
FUTURE ACTIONS
MID-ATLANTIC
COOPERATION
MID-ATLANTIC COOPERATION

Current status of authority for intergovernmental agreements

Process for moving forward

Recognizing how to participate
Violation Matrix
Regional Toll Violation Enforcement Consideration Matrix
Question
Issuses
1
Estimates of Out of State Enforcemtent Actions your agency
could have requested for your FY 2015
2
Estimates of Out of State Enforcemtent Actions your agency
could have requsted for your FY 2016
3
What is an estimated costs for the "Enforcement" actions
taken in FY 2016?
4
Do "Enforcement" collections cover the costs for
Enforcement and lost tolls?
5
How do you verify the customer received violation
notice(s)?
NCDOT
VADOT
VADMV
MDOT
DelDOT
238,443 Actual Citations issued to
non-MD registered vehicles
Includes video toll amount and $50
civil penalty
Potential DMV Referrals Based on
Maryland Rules:
N - non-renewal of registration for
outstanding balance of $0.01 to
$999.99= 100,225
S - suspension of registration for
outstadning balance of $1,000 or
greater = 1,340
Actual MD Central Collection Unit
Referrals
Outstanding balance of $30 or
greater =45,832
Actual Citations issued to non-MD
registered vehicles
Includes video toll amount and $50
civil penalty =304,737
Potential DMV Referrals Based on
Maryland Rules:
N - non-renewal of registration for
outstanding balance of $0.01 to
$999.99 =125,497
S - suspension of registration for
outstadning balance of $1,000 or
greater = 1,636
PTC/PA DMV
$21,916,050 211,368
$2,002,670.00 To-Date: 235,134
The PTC does not record expenses for
collections. The primary collections
agency keeps 13% and the secondary
agency keeps 21%, but the PTC adds a
fee on top of tolls before sending it to
$123,486 collections to ensure recovery of the tolls.
Yes but not on
lost tolls
Yes
Total sent less
the Returned
Mail
The violation is sent via first class mail to
address on record for the registration.
Actual MD Central Collection Unit
Referrals
Outstanding balance of $30 or
greater =27,283
6
7
8
9
10
How do you handle transfer of Responsibility (TOR)
Does TOR apply to anyone who can show operation by
someone other than the owner or only for someone other
than the title holder?
At what time can a TOR be requested?
What threshold do you use for going into "collections"
What threshold do you use for going into "Enforcement"
Collection cost per transaction
$00.00
The collection cost per transaction
includes uncollectable tolls
MDTA sends all notices by USPS
first class mail. There is no
verification of receipt.
Sometime in the future the MDTA
will implement USPS intellegent
mail barcoding (IMB) which will
allow tracking to the mail carrier
level.
Provided by statute, owner must testify
that someone else was operating and
provide that information. A defense is
Through the
available to the owner if the vehicle was
appeal process reported stolen.
TOR applies to
lease/rental
vehicles only.
All others are
registered
vehicle owner's
responsibility
Only applies to the owner
Upon receipt of
1st or 2nd
No legislated timeframe, 30 days via
violation notice business rule
The Aging
process.
Normally after
two months
Customers are required to provide
specific information which is
spelled out on the Notice of Toll
Due (NOTD). The NOTD is the 1st The Aging
notice of a video toll.
process.
Normally after
two months
1 violation, 2 notices, and 90 days in
total
Existing: Collections is enforcement
Proposed: Suspension of vehicle
registration is 6 violations or $500 in tolls,
collections is not waived
TORs can be requested under
limited circumstances and with
specific documentation for the
following:
- Driver is Not the Owner
- Leased Vehicle
- Dealer/Transporter
- Stolen (this is really a waiver and
not a transfer)
11
Does placing an account in collections mean that you
are initiating "Enforcement" actions if not paid by the
due date?
12
Is the Threshold in charges or in the number of unpaid
transactions?
13
Do you have a formal appeal process?
14
What is the formal appeal process?
15
Do you have an actual court hearing opportunity?
MDTA allows customers to
transfer responsibility during the
NOTD period and later under
limited circumstances.
Transfers are allowed until the
NOTD due date (30 days from
issuance)
Any unpaid amounts of $30 or
greater will be referred to the MD
Central Collection Unit for
collection action.
Yes
Yes
neither it is the
aging process
Proposed: Either 6 violations or $500 in
tolls
Yes
Existing: Yes
Proposed: Yes
Citation Issuance - non-payment
of NOTD (30days)
MVA/DMV Referral - see #1
above
Written appeal
CCU Referral - see #1 above
with requested
documentation
Based on the enforcement
definition below, MDTA initiates
enforcement upon issuance of a
Citation.
No
Existing: Written appeal
Proposed: The customer must request
an appeal in the Court of Common
Pleas
Proposed: Yes
Potential DMV Referrals Based on Maryland
Rules:
N - non-renewal of registration for
outstanding balance of $0.01 to $999.99
S - suspension of registration for outstadning
balance of $1,000 or greater
16
Is any Court Hearing automatic or only on the customer's request?
17
What rules exist for verifying that the customer meets the requirements for
suspension or hold of registration?
18
Does your State provide for suspension of registration?
Does your State provide for holding of registrations?
19
Does your State provide for suspension of licensing?
Does your State provide for holding of licensing?
20
What does the DMV (or equivilent) require to suspend a registration?
21
What does the DMV (or equivilent) require to hold a registration?
22
What is needed to automate out of state requests for a suspension or
hold?
Yes
Customers can request an administrative
review by MDTA during the NOTD period.
Customers can request a hearing in MD
District Court during the Ciation period.
Yes
MD District Court hearings are at customer
request only
Registration hold or suspension occurs after
all of the following: non-payment of NOTD,
non-payment and no contesting of
Citation, and non-payment of DMV warning
notice. Registration hold or suspension is
based on the outsanding balance owed on
a single license plate.
Yes
Yes
Not for toll violations
N/A
Proposed: Customer's request
They have to be the
registered owner of
the vehicle and
violations over
$150.00 (DE
Operating policies and procedures have not been
residents)
developed since legislation is still pending
NO
Existing: No, not for toll violations
Proposed: Yes, for toll violations
Yes
Proposed: Not for toll violations
No
Not for toll violations
No
Not for toll violations
Notifiation from Toll
Ops
A violation file sent via secure FTP to notify the DMV
of a violation threshold.
Notifiation from Toll
Ops
The PA DMV does not place a hold on registrations
for toll violations.
Not at this point
A centralized system similar to the NMVTIS that
would receive packets from toll agency states and
transmit based on home state rules, laws, and the
MOU signed between agencies.
Not for toll violations
23
What is an estimate on the cost to provide such automation?
24
What do you need to have an effective enforcement program in your home State if
anything?
25
What do you need to have an effective enforcement program in another State if
anything?
26
Do you have laws that allows for taking action against a resident of your state for failure to
pay tolls in another state? If so can you attach a copy or provide legal referernce?
27
If you do permit such action are there any limitations?
28
Can you initiate a subsequent action if the violator exceeds the limitations on amounts
due?
29
Is you state considering mutual interstate enforcement of toll violations?
30
Are you now working with another state on implementing interstate enforcement? If so
what other State(s) or Agencies?
31
If you have interstate enforcement how are the payments received and acknowledged?
32
Does your State have existing legislation providing for enforcing out of State violations by
its Residents? If yes please attach a copy of the legislation.
Estimated $600,000 to set up the system and $0.41 per
transaction to cover the mailing.
A referral file is sent electronically once per day to
request suspension or release suspension. Manual
real-time releases can be made on an ad-hoc basis.
A referral file is sent electronically once per day to
request registration hold or release registration hold.
Manual real-time releases can be made on an adhoc basis.
MDTA will be the conduit to MD MVA for all referrals
and releases of suspensions or holds. For E-ZPass
agencies it is anticipated that referral and release
requests will be via a modified daily reciprocity file
exchanges. Other agencies could utilize a modified
ATI Hub protocol or other electronic method.
The MDTA process and connection to MD MVA is
existing. All other processes will require new
development. Cost is TBD.
MDTA's video toll and citation process is fully
implemented.
MDTA will need a reciprocol agreement and
electronic and manual processes to be put in place.
MDTA has enabling legislation in place to allow
reciprocol agreements to be made with other states
for the purpose of toll collection
No limitations have been identified…yet.
There is no limit on amounts due in MD.
For tolls incurred in non-MD jurisdications there is no
other action MD can take against a MD registered
vehicle owner beyond MVA referral.
We passed legislation in
2013 authorizing the
Secretary of Transp to
enter in reciprocity
agreements
Legislation - Ability to suspend registration
No
Legislation - Ability to enter into reciprocity agreements
N/A
No, reciprocity legislation is proposed. See attached for
currently proposed legislation
N/A
Proposed: penalty cap of $100 per violation and $600 in
aggregate for pending violations, no cap on actual toll
amounts
Yes
Proposed: Yes, subsequent actions can be initiated for
additional toll amounts, penalties remain limited to cap
Yes early stages with MD Yes
TBD
Yes, Maryland and Florida with expectation of legislation
passage
N/A
Unknown under proposed legislation. Policies to be
developed.
Yes
No
QUESTIONS AND
ANSWERS
CLOSING COMMENTS

Availability of Resource Materials

Interest in follow-up webinars
Additional questions and requests may be submitted to ATI via email at:
[email protected]