227.660. Collection of user fees--notice of tolls--penalty--admissibility of reports and telephone calls--toll collection and traffic citation procedures.

MISSOURI STATUTES AND CODES

227.660. Collection of user fees--notice of tolls--penalty--admissibility of reports and telephone calls--toll collection and traffic citation procedures.

Collection of user fees--notice of tolls--penalty--admissibility ofreports and telephone calls--toll collection and traffic citationprocedures.

227.660. 1. The private partner may use any method for collectingand enforcing user fees for the use of the project which may include, butis* not limited to, toll tickets, barrier toll facilities, billingaccounts, commuter passes, and electronic recording or identificationdevices. The display of a recording or identification device issued orauthorized by the private partner for such purposes on or near thewindshield of a motor vehicle shall not be a violation of any law or rulein the state of Missouri unless the device is attached in a manner thatobstructs the operator's clear view of the project.

2. The private partner operating the project as a toll facility shallpost notice on or around such facility in the plain view of operators ofmotor vehicles using such facility which reads as follows:

"NOTICE: FAILURE TO PAY THE REQUIRED TOLL IS A TRAFFIC VIOLATION.TOLL BOOTH OPERATORS WILL REPORT ANY FAILURE TO PAY REQUIRED TOLLS TO LAWENFORCEMENT OFFICIALS WHO WILL ISSUE A TRAFFIC CITATION.".

3. The owner of a motor vehicle involved in a violation for failureto pay the required toll is guilty of an infraction and upon convictionshall be required to pay the amount of the toll that was the subject of theviolation which shall be remitted to the private partner and a fine in anamount not to exceed two hundred dollars.

4. A written report or telephone call from a toll enforcementofficer, law enforcement officer, or photo monitoring system evidence thatindicates a required toll was not paid is admissible in any proceeding toenforce this section, subject to foundation evidence to establish theauthenticity of the report, call, or photographs. Photo monitoring systemevidence that shows the motor vehicle, whether operated by the owner oranother operator, has failed to pay a toll shall raise a rebuttablepresumption that the motor vehicle shown in the photographic evidence wasused to commit a violation of this section. If charges are filed againstmultiple owners of a motor vehicle, only one of the owners shall beconvicted and court costs may be assessed against only one of the owners.If the motor vehicle involved in the violation is registered in the name ofa rental or leasing company and the vehicle is rented or leased to anotherperson at the time of the violation, the rental or leasing company mayrebut the presumption by providing law enforcement or the prosecutingauthority with a copy of the rental or lease agreement in effect at thetime of the violation. No prosecuting authority shall bring any legalproceeding against a rental or leasing company under this section unlessprior written notice of the violation has been given to such rental orleasing company by registered mail at the address appearing on the motorvehicle's registration and the rental or leasing company has failed toprovide the rental or leasing agreement copy within fifteen days of receiptof such notice.

5. The following procedures shall be taken for the enforcement oftoll collections and issuance of traffic citations under this section:

(1) Any toll booth operator witnessing a failure to pay a requiredtoll in violation of this section shall report such violation to a lawenforcement officer or agency. The report may be in one of the followingforms:

(a) A telephone call from a toll enforcement officer to a lawenforcement agency indicating a violation and a reasonable description ofthe motor vehicle violating the toll enforcement provisions of thissection, including but not limited to the license plate number, make,model, and color of the motor vehicle;

(b) A certificate or a written report sworn to or affirmed by a tollenforcement officer, agent, private partner, Missouri state highway patrolofficer, city police officer, or a sheriff's department deputy whichalleges that a violation of this section occurred, or a facsimile thereof,based upon inspection of photographs, microphotographs, videotape, or otherrecorded images produced by a photo monitoring system or a photograph froma photo monitoring system shall be prima facie evidence of the factscontained therein, subject to foundation evidence to establish theauthenticity of such photographs, microphotographs, videotape, or otherrecorded images produced by a photo monitoring system, and shall beadmissible in any proceeding charging a violation of the toll collectionprovisions in this section; provided that, any photographs,microphotographs, videotape, or other recorded images evidencing such aviolation shall be available for inspection and admission into evidence inany proceeding to adjudicate the liability for such violation;

(2) After a report has been provided to a Missouri law enforcementagency, such agency is authorized to issue a traffic citation for failureto pay the required toll;

(3) The law enforcement agency responsible for the issuance of atraffic citation for failure to pay a toll is responsible for prosecutionof such citation.

The provisions of this section shall not prohibit a law enforcement officerfrom issuing a citation for a violation of any other traffic laws andregulations on the project.