§ 24-12-37. Penalty for nonpayment of toll — Toll violators and toll evaders.
(a) Legislative findings. The general assembly finds as follows:
(1) That all users of any tolled projects should be required to timely pay for the use of such projects;
(2) That toll violators and toll evaders unfairly shift the financial burden of maintaining the tolled projects to other project users; and
(3) Rhode Island has a strong interest in ensuring that its transportation infrastructure is adequately funded in a fair and equitable manner.
(b) In each instance when a person fails or refuses to pay or prepay the required toll on a tolled project, and is issued a violation for the same, the toll violator shall pay the toll amount within fourteen (14) days of issuance of the violation.
(c) Any toll violator who fails to pay the toll amount due within the fourteen-day (14) period in subsection (b) shall immediately incur a forty-dollar ($40.00) administrative fee in addition to the unpaid toll amount.
(d) Any toll violator who fails to pay the administrative fee and unpaid toll as required by subsection (c) within forty-five (45) days of the issuance of the original violation, shall incur a thirty five-dollar ($35.00) administrative fee in addition to the forty dollar ($40.00) administrative fee and the unpaid toll amount. The toll amount and administrative fees shall be paid to the authority.
(e) Toll evaders shall be responsible for any tolls and administrative fees applicable to toll violators. Further, at the request of the authority, any toll evader shall also promptly receive a traffic violation summons that shall be subject to the jurisdiction of the Rhode Island traffic tribunal, which may suspend the toll evader’s driver’s license for up to six (6) months for the violations and assess a fine of up to five hundred dollars ($500), or both. All tolls, administrative fees, and fines shall be payable to the authority.
(f) If any unpaid toll amounts, administrative fees, and fines are not paid within ninety (90) days of the issuance of the original violation, and the toll violator has incurred at least ten (10) instances in which such toll violator has failed to pay any required toll amounts, administrative fees, and fines, then the authority may report the person as a toll violator, or, if appropriate, as a toll evader, to the Rhode Island division of motor vehicles, who then shall not permit that person to renew his or her driver’s license and vehicle registration until any unpaid toll amounts, administrative fees, and fines are paid to the authority. Upon the authority’s receipt of such payment or a written repayment agreement between the person and the authority, the authority shall promptly issue a verbal, written, or electric confirmation showing the amounts paid and a certification that the person does not owe any amounts to the authority or has otherwise made satisfactory repayment arrangements with the authority. In any such case, the Rhode Island division of motor vehicles shall forthwith release any hold placed for this purpose on the person’s license renewal and vehicle registration renewal. If a person who made satisfactory repayment arrangements with the authority subsequently fails to honor and comply with such arrangements with the authority according to their terms, the authority may re-report the person to the Rhode Island division of motor vehicles which shall then prohibit that person from renewing their driver’s license and vehicle registration until the originally unpaid toll amounts, administrative fees, and fines are paid to the authority.
(g) “Toll violator” means, for the purposes of this section, any person who uses any project and fails to pay or prepay the required toll.
(h) “Toll evader” means, for the purposes of this section, any person who uses a project, fails or refuses to pay or prepay the required toll, and deliberately circumvents or proceeds around or through a gate or other barrier on a project; and/or any toll violator who fails or refuses to pay or prepay the required toll on a tolled project at least twenty (20) or more times, received at least three (3) written notices from the authority (or its agent) regarding the non-payment of tolls, and is not a party to, or in current compliance with, a written repayment plan with the authority.
(i) The authority may promulgate appropriate rules and regulations to ensure the proper administration of the provisions of this section. Any person aggrieved by the authority’s assessment of any administrative fees may request review of such assessment through the process established by the authority, which shall not be subject to the provisions of chapter 35 of title 42.
(j) For the purposes of this section only, “person” means the registered owner, EZPass account holder, driver, rentee, or lessee of a motor vehicle.
(k) This section shall apply retroactively to all persons who are toll evaders as of the effective date of this act [October 1, 2016].
(l) Nothing contained in this section shall be construed to reduce or otherwise eliminate any tolls, fines, or penalties a person owes to the authority based upon violations occurring prior to the effective date of this act [October 1, 2016].
(m) It is unlawful for any person or business, other than an authorized representative of the authority, or any other duly authorized and existing toll or transportation agency, to sell, lease, rent, or offer for sale, lease or rent, any tokens, tickets, passes, transponders, or other evidences of payment issued for passage on any project. Any person or business who or that is found in violation of this subsection shall be punished, for each offense, by a fine of not more than five hundred dollars ($500).
(n) If any provision of this section or its application to any person is deemed invalid, any such invalidity shall not affect the other provisions of this section that may lawfully be given effect without the invalid provision.
History of Section.P.L. 1954, ch. 3390, § 16; G.L. 1956, § 24-12-37; P.L. 1999, ch. 371, § 1; P.L. 2007, ch. 307, § 1; P.L. 2007, ch. 414, § 1; P.L. 2010, ch. 193, § 1; P.L. 2011, ch. 383, § 1; P.L. 2011, ch. 405, § 1; P.L. 2012, ch. 415, § 33; P.L. 2016, ch. 381, § 1; P.L. 2016, ch. 398, § 1; P.L. 2019, ch. 111, § 1; P.L. 2019, ch. 148, § 1.
Structure Rhode Island General Laws
Chapter 24-12 - Rhode Island Turnpike and Bridge Authority
Section 24-12-1. - Definitions.
Section 24-12-2. - Authority created — Composition.
Section 24-12-3. - Appointment of authority members — Oath of office.
Section 24-12-4. - Officers of authority — Quorum — Reimbursement of expenses of members.
Section 24-12-6. - Grants or leases of state or municipal lands.
Section 24-12-7. - Revenue bonds not a debt of the state.
Section 24-12-8. - Expenses limited to funds provided.
Section 24-12-9. - Powers of authority.
Section 24-12-10. - Eminent domain power.
Section 24-12-11. - Filing of eminent domain resolution, plat, and statement of amount offered.
Section 24-12-12. - Taking of possession of lands.
Section 24-12-13. - Deposits in court on eminent domain — Notice to owners — Agreement as to price.
Section 24-12-14. - Jury trial on price of land.
Section 24-12-15. - Representation of incompetent landowners.
Section 24-12-16. - Repayment of excess deposits.
Section 24-12-17. - Expediting proceedings — Land devoted to public use — Outstanding interests.
Section 24-12-19. - Use of bond proceeds — Supplementary issues — Surplus proceeds.
Section 24-12-22. - Purchase of Jamestown-Newport ferry franchise.
Section 24-12-23. - Maintenance of Jamestown-Newport ferry service.
Section 24-12-24. - Pension fund for ferry company employees.
Section 24-12-25. - Trust agreement.
Section 24-12-26. - Power to collect tolls and charges — Gasoline and service concessions.
Section 24-12-27. - Amount of tolls.
Section 24-12-28. - Revenues pledged to sinking fund.
Section 24-12-29. - Trust funds — Trustee.
Section 24-12-30. - Remedies of bondholders.
Section 24-12-31. - Tax exemption.
Section 24-12-32. - Eligibility of bonds for investment.
Section 24-12-33. - Negotiability of bonds.
Section 24-12-34. - Refunding bonds.
Section 24-12-35. - Resolutions of authority.
Section 24-12-36. - Annual report and audit.
Section 24-12-37. - Penalty for nonpayment of toll — Toll violators and toll evaders.
Section 24-12-37.1. - [Repealed.]
Section 24-12-37.2. - Driver/registered owner liability.
Section 24-12-38. - Covenant against competition.
Section 24-12-39. - Transfer of projects to state — Dissolution of authority.
Section 24-12-40B. - Certain bonds guaranteed by state.
Section 24-12-40C. - Additional state guaranteed and revenue bonds for Newport Bridge.
Section 24-12-40D. - Additional state guaranteed bonds for Newport Bridge.
Section 24-12-40E. - State guaranteed bonds — General provision.
Section 24-12-41. - Severability.
Section 24-12-42. - Narragansett Bay Bridge authority obligations.
Section 24-12-44. - Construction of connecting highways.
Section 24-12-44A, 24-12-44B. - Repealed.
Section 24-12-45. - Liberal construction.
Section 24-12-46. - Severability.
Section 24-12-47. - Inconsistent laws inapplicable.
Section 24-12-48. - Provision for severance benefits.
Section 24-12-49. - Declaration of policy — Preventing economic harm to the town of Jamestown.
Section 24-12-50. - Relationship to department of transportation.
Section 24-12-51. - The Jamestown Verrazzano Bridge.
Section 24-12-51.1. - Former Jamestown Verrazano Bridge — Public fishing area.
Section 24-12-52. - Succotash Road Bridge.
Section 24-12-53. - William E. Powers Memorial Bridge.
Section 24-12-54. - Alfred U. Menard Memorial Bridge.
Section 24-12-55. - The Claiborne Pell Bridge.
Section 24-12-56. - Honorable John F. Conley Bridge.
Section 24-12-57. - General George S. Greene Memorial Bridge.
Section 24-12-58. - Robert E. Rowan, P.E. Bridge.
Section 24-12-59. - Bondholders’ rights not to be affected by the state.