An Act To Suspend the Right of an Out-of-state Toll Violator To Operate a Motor Vehicle on Maine Roads
Sec. 1. 23 MRSA §1980, sub-§2-A, ¶C, as amended by PL 2011, c. 476, §5, is further amended to read:
(1) The authority shall send a notice of liability by first class mail to a person alleged to be liable as a registered owner under this subsection. The notice must be sent to the address of the registered owner on record with the authority if the registered owner is an electronic toll collection patron of the authority or, if no such record exists, the address of the registered owner on record with the Secretary of State. If the motor vehicle is registered in another jurisdiction and the registered owner's address is not known by the authority, the notice may be sent to the motor vehicle registry of the jurisdiction that issued the registration. A written statement by the authority that the notice of liability has been mailed is prima facie evidence of the mailing of the notice.
(2) A notice of liability must include the name and address of the person alleged to be liable as a registered owner for the failure to pay a toll under this subsection, the amount of the unpaid toll not paid, the registration number of the vehicle involved, the toll collection facility at which the failure to pay occurred and the date and the approximate time of the failure. The notice must also include the name, address and telephone number of the violation clerk responsible for enforcing the penalty for the failure to pay.
(3) A notice of liability must include information advising the person liable under this subsection of the manner and time in which state how the alleged liability alleged in the notice may be contested and must identify the statutory defenses described in paragraph E. The notice must also include a warning that failure to contest in the manner and time provided is an admission of liability and a waiver of available defenses and that failure to pay or respond may result in revocation of the registration certificate and plates issued for the a motor vehicle registered in the State or suspension of the right to operate the motor vehicle in this State if it is registered in another jurisdiction.
(4) Within 30 calendar days after the date of the issuance of the notice of liability, the registered owner to whom the notice is issued must shall:
(a) Pay the amount of the toll for which the person is liable, the civil penalty or penalties provided for in paragraph A and an administrative fee of $20 for each unpaid toll for which the person is liable but has not paid;
(b) Send a written dispute by mail to the violation clerk named in the notice, as provided by paragraph I; or
(c) Request a hearing with the violation clerk named in the notice as provided by paragraph J.
Sec. 2. 23 MRSA §1980, sub-§2-A, ¶G, as amended by PL 2011, c. 476, §6, is further amended to read:
(1) Does not dispute a notice of liability or pay the tolls, administrative fees and civil penalties as required by paragraph C, subparagraph (4);
(2) Does not pay the required tolls, administrative fees and civil penalties within 30 days of a final decision of a violation clerk determination of liability as provided in paragraphs I and J; or
(3) Does not pay the required tolls, administrative fees and civil penalties within 30 days of final adjudication of liability under paragraph K; or
(4) Does not pay the required tolls, administrative fees or civil penalties within 30 days of a final adjudication determination of liability by an away agency with whom the authority has a reciprocal collection arrangement under subsection 2-C.
When notifying the Secretary of State under this paragraph, the authority shall send a notice by first class mail informing the registered owner of the pending suspension. If the motor vehicle is registered in another jurisdiction and the registered owner's address is not known by the authority, the notice may be sent to the motor vehicle registry of the jurisdiction that issued the registration.
Sec. 3. 23 MRSA §1980, sub-§2-A, ¶K, as enacted by PL 2003, c. 591, §2, is amended to read:
Sec. 4. 29-A MRSA §154, sub-§6, as amended by PL 2003, c. 591, §4, is further amended to read:
Sec. 5. 29-A MRSA §2069, sub-§3, as amended by PL 2009, c. 493, §1, is further amended to read:
When a vehicle has been removed pursuant to paragraph C, the vehicle may be released only after the tolls, fees and penalties have been paid and the vehicle's registration has been reinstated or the owner's right to operate the vehicle has been restored.
summary
This bill permits the Maine Turnpike Authority, in the case of a vehicle registered in another jurisdiction that is involved in a toll violation and when the authority knows only the license plate of a toll violator and not the identity of the registered owner, to send a notice of violation to the motor vehicle registry of the jurisdiction that issued the registration. The notice must contain a warning that if tolls are not paid, the owner's right to operate the motor vehicle in Maine may be suspended.
If the registered owner of a vehicle from another jurisdiction fails to pay or contest the notice of liability, the authority is directed to notify the Secretary of State. The Secretary of State then suspends the right of the owner to operate the vehicle in Maine and notifies the owner, if known, or the motor vehicle registry of the jurisdiction that issued the registration.
The bill also authorizes a law enforcement officer to remove a vehicle to a suitable parking place if it is being operated under a registration that is suspended for failure to pay tolls.