33.1-56.3 - HOT lanes enforcement.
§ 33.1-56.3. HOT lanes enforcement.
Any person operating a motor vehicle on designated HOT lanes shall makearrangements with the HOT lanes operator for payment of the required tollprior to entering such HOT lanes. The driver of a vehicle who enters the HOTlanes in an unauthorized vehicle, in violation of the conditions for use ofsuch HOT lanes established pursuant to § 33.1-56.2, without payment of therequired toll, or without having made arrangements with the HOT lanesoperator for payment of the required toll, shall have committed a violationof this section, which may be enforced in the following manner:
A. On a form prescribed by the Supreme Court, a summons for civil violationof this section may be executed by a law-enforcement officer, when suchviolation is observed by such officer. The form shall contain the option forthe driver of the vehicle to prepay all penalties, unpaid toll,administrative fees, and costs.
B. 1. A HOT lanes operator shall install and operate, or cause to beinstalled or operated, a photo-enforcement system at locations where tollsare collected for the use of such HOT lanes.
2. A summons for civil violation of this section may be executed pursuant tothis subsection, when such violation is evidenced by information obtainedfrom a photo-enforcement system as defined in this article. A certificate,sworn to or affirmed by a technician employed or authorized by the HOT lanesoperator, or a facsimile of such a certificate, based on inspection ofphotographs, microphotographs, videotapes, or other recorded images producedby a photo-enforcement system, shall be prima facie evidence of the factscontained therein. Any photographs, microphotographs, videotape, or otherrecorded images evidencing such a violation shall be available for inspectionin any proceeding to adjudicate the liability for such violation under thissubsection. Any vehicle rental or vehicle leasing company, if named in asummons, shall be released as a party to the action if it provides the HOTlanes operator a copy of the vehicle rental agreement or lease or anaffidavit identifying the renter or lessee prior to the date of hearing setforth in the summons. Upon receipt of such rental agreement, lease, oraffidavit, a summons shall be issued for the renter or lessee identifiedtherein. Release of this information shall not be deemed a violation of anyprovision of the Government Data Collection and Dissemination Practices Act(§ 2.2-3800 et seq.) or the Insurance Information and Privacy Protection Act(§ 38.2-600 et seq.).
3. On a form prescribed by the Supreme Court, a summons issued under thissubsection may be executed pursuant to § 19.2-76.2. Such form shall containthe option for the driver or registered owner to prepay all penalties, unpaidtoll, administrative fees, and costs. HOT lanes operator personnel or theiragents mailing such summons shall be considered conservators of the peace forthe sole and limited purpose of mailing such summons. Notwithstanding theprovisions of § 19.2-76, a summons for a violation of this section may beexecuted by mailing by first-class mail a copy thereof to the address of theowner of the vehicle as shown on the records of the Department of MotorVehicles or, if the registered owner has named and provided a valid addressfor the operator of the vehicle at the time of the violation in an affidavitexecuted pursuant to this subsection, such named operator of the vehicle. Ifthe summoned person fails to appear on the date of return set out in thesummons mailed pursuant to this section, the summons shall be executed in themanner set out in § 19.2-76.3.
4. The registered owner of such vehicle shall be given reasonable notice byway of a summons as provided in this subsection that his vehicle had beenused in violation of this section, and such owner shall be given notice ofthe time and place of the hearing and notice of the civil penalty and costsfor such offense.
Upon the filing of an affidavit with the court at least 14 days prior to thehearing date by the registered owner of the vehicle stating that he was notthe driver of the vehicle on the date of the violation and providing thelegal name and address of the driver of the vehicle at the time of theviolation, a summons will also be issued to the alleged driver of the vehicleat the time of the offense. The affidavit shall constitute prima facieevidence that the person named in the affidavit was driving the vehicle atall the relevant times relating to the matter named in the affidavit.
If the registered owner of the vehicle produces a certified copy of a policereport showing that the vehicle had been reported to the police as stolenprior to the time of the alleged offense and remained stolen at the time ofthe alleged offense, then the court shall dismiss the summons issued to theregistered owner of the vehicle.
C. 1. The HOT lanes operator may impose and collect an administrative fee inaddition to the unpaid toll so as to recover the expenses of collecting theunpaid toll, which administrative fee shall be reasonably related to theactual cost of collecting the unpaid toll and not exceed $100 per violation.The operator of the vehicle shall pay the unpaid tolls and any administrativefee detailed in a notice or invoice issued by a HOT lanes operator. If paidwithin 30 days of notification, the administrative fee shall not exceed $25.
2. Upon a finding by a court of competent jurisdiction that the driver of thevehicle observed by a law-enforcement officer under subsection A, or thevehicle described in the summons for civil violation issued pursuant toevidence obtained by a photo-enforcement system under subsection B was inviolation of this section, the court shall impose a civil penalty upon thedriver of such vehicle issued a summons under subsection A, or upon thedriver or registered owner of such vehicle issued a summons under subsectionB, payable to the HOT lanes operator as follows: for a first offense, $50;for a second offense, $250; for a third offense within a period of two yearsof the second offense, $500; and for a fourth and subsequent offense within aperiod of three years of the second offense, $1,000, together with, in eachcase, the unpaid toll, all accrued administrative fees imposed by the HOTlanes operator as authorized by this section, and applicable court costs. Thecourt shall remand penalties, unpaid toll, and administrative fees assessedfor violation of this section to the treasurer or director of finance of thecounty or city in which the violation occurred for payment to the HOT lanesoperator for expenses associated with operation of the HOT lanes and paymentsagainst any bonds or other liens issued as a result of the construction ofthe HOT lanes. No person shall be subject to prosecution under bothsubsections A and B for actions arising out of the same transaction oroccurrence.
3. Upon a finding by a court that a person has violated this section, in theevent such person fails to pay the required penalties, fees, and costs, thecourt shall notify the Commissioner of Motor Vehicles, who shall suspend allof the registration certificates and license plates issued for any motorvehicles registered solely in the name of such person and shall not issue anyregistration certificate or license plate for any other vehicle that suchperson seeks to register solely in his name until the court has notified theCommissioner that such penalties, fees, and costs have been paid. The HOTlanes operator and the Commissioner may enter into an agreement whereby theHOT lanes operator may reimburse the Department of Motor Vehicles for theirreasonable costs to develop, implement, and maintain this enforcementmechanism, and that specifies that the Commissioner shall have an obligationto suspend such registration certificates so long as the HOT lanes operatormakes the required reimbursements in a timely manner in accordance with theagreement.
4. Except as provided in subsections D and E, imposition of a civil penaltypursuant to this section shall not be deemed a conviction as an operator of amotor vehicle under Title 46.2 and shall not be made part of the drivingrecord of the person upon whom such civil penalty is imposed, nor shall it beused for insurance purposes in the provision of motor vehicle insurancecoverage.
D. 1. The HOT lanes operator may restrict the usage of the HOT lanes todesignated vehicle classifications pursuant to an interim or finalcomprehensive agreement executed pursuant to § 56-566 or 56-566.1. Notice ofany such vehicle classification restrictions shall be provided through theplacement of signs or other markers prior to and at all HOT lanes entrances.
2. Any person driving an unauthorized vehicle on the designated HOT lanesshall be guilty of a traffic infraction, which shall not be a movingviolation, and shall be punishable as follows: for a first offense, by a fineof $125; for a second offense within a period of five years from a firstoffense, by a fine of $250; for a third offense within a period of five yearsfrom a first offense, by a fine of $500; and for a fourth and subsequentoffense within a period of five years from a first offense, by a fine of$1,000.
Upon a conviction under this subsection, the court shall furnish to theCommissioner of the Department of Motor Vehicles, in accordance with §46.2-383, an abstract of the record of such conviction that shall become apart of the person's driving record. Notwithstanding the provisions of §46.2-492, no driver demerit points shall be assessed for any violation ofthis subsection, except that persons convicted of a second, third, fourth, orsubsequent violation within five years of a first offense shall be assessedthree demerit points for each such violation.
E. The driver of a vehicle who enters the HOT lanes by crossing through anybarrier, buffer or other area separating the HOT lanes from other lanes oftravel shall have committed a violation of § 46.2-852. No person shall besubject to both prosecution under this subsection and under subsection A, B,or D for actions arising out of the same transaction or occurrence.
Upon a conviction under this subsection, the court shall furnish to theCommissioner of the Department of Motor Vehicles in accordance with §46.2-383 an abstract of the record of such conviction, which shall become apart of the convicted person's driving record.
F. No person shall be subject to prosecution under both this section andunder § 33.1-46.2, 46.2-819 or 46.2-819.1 for actions arising out of the sametransaction or occurrence.
G. Any action under this section shall be brought in the general districtcourt of the county or city in which the violation occurred.
(2004, c. 783; 2008, cc. 167, 280.)