Section 263:56-f Suspension for Evasion of Electronic Toll Collection System.
I. Upon receiving a report from the commissioner of the department of transportation or designee, that the owner of a vehicle, as defined in RSA 236:31, has violated the terms of RSA 236:31, the director shall notify the owner in writing by first class mail that the owner's motor vehicle registration renewal privileges may be suspended on the date which is 30 days from the date of notification unless the toll and any administrative fees assessed by the department of transportation are paid. The director shall also notify the owner that he or she may request an administrative hearing before the suspension takes effect. A request for a hearing shall be in writing. A request for a hearing received by the division more than 30 days from the date the notice is issued shall be denied as untimely.
II. (a) The director shall, pursuant to RSA 541-A, adopt by rule, a uniform administrative fine schedule for violations. The fine for each suspension of registration renewal privileges requested by the commissioner of transportation shall not exceed:
(1) $250 for a first requested suspension.
(2) $500 for a second offense within a 12-month period from the time of the first requested suspension.
(3) $1,000 for a third or subsequent offense within a 12-month period from the time of the first requested suspension.
(b) The commissioner of safety, in proven cases of hardship or for other good cause, may suspend all or part of any administrative fine so imposed. Notwithstanding any other law to the contrary, all administrative fines collected under this section shall be deposited into the turnpike fund.
III. The director shall adopt rules under RSA 260:5 establishing a uniform administrative hearing process.
IV. (a) The scope of the hearing shall be limited to:
(1) Whether the owner has paid all tolls and administrative fees owed to the department of transportation;
(2) Whether the report from the department of transportation correctly identified the owner of the vehicle at the time of the incident; or
(3) Whether the vehicle, identified as having violated the duty to pay a toll, had been reported as taken without the owner's consent, pursuant to RSA 262:12, or stolen to a law enforcement agency in a timely manner.
(b) A notice of violation may be based in whole or in part upon inspection of any photographic or other recorded image of a vehicle using the bridge or highway subject to a toll or charge. The written certification of any person employed by or under contract with the department of transportation that the notice is so based shall be admissible in any hearing held hereunder and shall create a rebuttable presumption that the owner is liable for such violation.
V. The registration renewal privileges of any vehicle, if applicable, of an owner shall be reinstated upon notice to the director from the department of transportation that all tolls, fees, and fines have been paid.
Source. 2004, 241:3, eff. June 15, 2004. 2008, 84:1, 2; for effective date, see contingent 2008 amendment note set out below.