238.365. Infraction for violation of toll collection regulation--report, admissibility, photo is rebuttable presumption, multiple vehicle owners. - Missouri Statutes

Infraction for violation of toll collection regulation--report,admissibility, photo is rebuttable presumption, multiple vehicleowners.

238.365. 1. The driver of a vehicle involved in a violation of tollcollection regulations is guilty of an infraction and upon convictionthereof, shall be punished by a fine to be determined by the court.

2. A written report or telephone call from a toll enforcement officeror 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 which shows that the driver of a vehicle has failed to pay a tollshall raise a rebuttable presumption that the motor vehicle shown in thephotographic evidence was used in violation of this section. In the eventthat charges are filed against multiple owners of a motor vehicle, only oneof the owners may be convicted and court costs may be assessed against onlyone of the owners. If the vehicle which is involved in the violation isregistered in the name of a rental or leasing company and the vehicle isrented or leased to another person at the time of the violation, the rentalor leasing company may rebut the presumption by providing the peace officeror prosecuting authority with a copy of the rental or lease agreement ineffect at the time of the violation. No prosecuting authority may bringany legal proceedings against a rental or leasing company under thissection unless prior written notice of the violation has been given to thatrental or leasing company by registered mail at the address appearing onthe registration and the rental or leasing company has failed to providethe rental or lease agreement copy within fifteen days of receipt of suchnotice.

(L. 1997 S.B. 67)