33.1-252.2 - Disclosure of certain information relating to use of toll facilities; injunctive relief; attorneys' fees.
§ 33.1-252.2. Disclosure of certain information relating to use of tollfacilities; injunctive relief; attorneys' fees.
A. Neither the Department nor any other operator of any toll bridge, tollroad, or other toll facility, nor any employee or contractor with theDepartment or other toll facility operator shall disclose any informationderived from an automated electronic toll collection system, about the time,date, or frequency of use or nonuse of any such facility by any individuallyidentified motor vehicle except when ordered to do so by a court of competentjurisdiction. The provisions of this section shall not apply to informationsupplied (i) to any person who is a participant in the electronic tollcollection system, when such information is limited to vehicles owned orleased by such person, (ii) to the issuer of any credit card or debit card orother third party vendor when such information is necessary for collectingthe toll and ensuring the accuracy of such billing by the operator, (iii) forstatistical or research purposes, when such information contains no dataattributable to individual vehicles or individual participants, or (iv) tofederal, state, and local law-enforcement, when such information is requiredin the course of an investigation where time is of the essence in preservingand protecting human life and/or public safety.
B. Any aggrieved person may institute a proceeding for injunction or mandamusagainst any person, governmental agency, or other entity that has engaged, isengaged, or is about to engage in any acts or practices in violation of theprovisions of this section. The proceeding shall be brought in the circuitcourt of any county or city wherein the person, governmental agency, or otherentity made defendant resides or has a place of business. In the case of anysuccessful proceeding by an aggrieved party, the person, governmental agency,or other entity enjoined or made subject to a writ of mandamus by the courtshall be liable for the costs of the action together with reasonableattorneys' fees as determined by the court.
(2004, c. 665.)