Board of Directors Ordinance No. SJH2018-01 an Ordinance of the Board of Directors of the San Joaquin Hills Transportation Corridor Agency Relating to

TOLL ENFORCEMENT ORDINANCE ADOPTION NO. SJH2024-01

AN ORDINANCE OF THE BOARD OF DIRECTORS OF THE SAN JOAQUIN

HILLS TRANSPORTATION CORRIDOR AGENCY RELATING TO THE

ADMINISTRATION OF TOLLS AND THE ENFORCEMENT OF TOLL

VIOLATIONS ON THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR

WHEREAS, the San Joaquin Hills Transportation Corridor Agency (the "Agency")

is authorized, pursuant to California Government Code Section 66484.3(f) and California Streets

and Highways Code Section 31121, to fix the rate of tolls and other charges to be collected from

users of the San Joaquin Hills Transportation Corridor, designated State Route 73 (the "Corridor")

and to do such acts as are necessary or desirable in connection with the duties and powers conferred

on it, including the establishment of penalties for violations of the toll requirements; and

WHEREAS, Section 23302.5 of the California Vehicle Code (“Code”) provides

that it is unlawful for a person to evade or attempt to evade the payment of tolls or other charges

on any vehicular crossing or toll highway, and provides that such acts are subject to civil penalties;

and

WHEREAS. subpart (d) of Section 23302 of the Code provides that for toll

highways where the issuing agency, as defined in Section 40250, permits pay-by-plate payment of

tolls and other charges in accordance with the policies adopted by the issuing agency, and where

electronic toll collection is the only other method of paying tolls or other charges, it is prima facie

evidence of a violation of Section 23302 for a driver to drive a vehicle onto the toll highway

without either a transponder or other electronic toll payment device associated with a valid

Automatic Vehicle Identification Account with a balance sufficient to pay those tolls or valid

vehicle license plates properly attached to the vehicle, and pursuant to subpart (e) of Section 23302

of the Code, “pay-by-plate toll payment” means an issuing agency’s use of on-road vehicle license

plate identification policies adopted by the issuing agency; and

WHEREAS, Sections 40250, et seq. of Chapter 1 of Division 17 of the Code

provide for enforcement of civil penalties for violation of a statute, regulation, or ordinance

governing the evasion of tolls under the Code, including Code Section 23302.5 and under a federal

or state statute or regulation, and under an ordinance enacted by a local authority including a joint

powers authority in accordance with administrative procedures set forth in Article 4 of Chapter 1

of Division 17 of the Code; and

WHEREAS, on May 9, 1996 the Agency adopted ordinance S96-04 making the

passing through a Corridor toll collection facility without payment of the proper toll a civil

violation, and establishing Penalties for such violation and the procedures for issuance of violation

notices and enforcement to be consistent with the new provisions of the code; and

WHEREAS, the Agency’s Toll Enforcement Ordinance was subsequently

amended by the adoption of Ordinance SJH2013-01 to adjust Agency’s policies and procedures

for administration of tolls along with the Toll Evasion Penalty and the Delinquent Toll Evasion

Penalty in the Schedule of Penalties, Schedule A; and

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WHEREAS, the availability of new technologies and the institution of nationwide

toll interoperability standards made it necessary and desirable for the Agency to amend

Ordinance SJH2013-01 to reflect the Agency’s deployment of such new and improved

technologies and business practices; and

WHEREAS, the enactment of AB 2594 (2022) introduced changes to Chapter 13

of Division 11 and Chapter 1 of Division 17, modifying procedures for toll evasion violations

starting July 1, 2024, making it necessary and desirable for the Agency to amend Ordinance

FE2018-01 to maintain its alignment with the Code; and

NOW, THEREFORE, THE BOARD OF DIRECTORS OF THE AGENCY DOES

HEREBY ORDAIN THAT ORDINANCE SJH2018-01 AS ADOPTED October 11, 2018

RELATING TO ADMINISTRATION OF TOLLS AND THE ENFORCEMENT OF TOLL

VIOLATIONS FOR THE SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR IS

REPLACED IN ITS ENTIRETY ON JUNE 30, 2024 at 11:59 p.m.by the following:

Section 1. Definitions. The following terms shall have the meanings as set forth below:

(a) “Account” shall mean an Automatic Vehicle Identification Account

established with Agency.

(b) "Agency" shall mean the San Joaquin Hills Transportation Corridor

Agency.

electronic payment of tolls incurred by vehicles registered to this account

and automatically identified by the Agency’ electronic toll collection

system, that is established by the patron with Agency, or that is established

by the patron with another operator of a toll facility who has an agreement

with Agency for the interoperable processing of tolls incurred by their

customers with registered accounts for the payment of tolls.

(d) “Code” shall mean the California Vehicle Code.

(e) "Corridor" shall mean the San Joaquin Hills Transportation Corridor.

(f) “Department” shall mean the California Department of Motor Vehicles.

(g) “Electronic Toll collection” shall mean the collection of tolls through the

use of valid Automatic Vehicle Identification account or an online toll pre-

payment or post-payment, as provided in Section 2, below.

(h) "Motorist" shall mean the registered owner, rentee, lessee and/or driver of

a Vehicle.

(i) “Notice of Violation” shall mean the notice of toll evasion Violation issued

by Agency if a Violation is detected by any means (including automated

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device, video image, visual observation, or otherwise) and the subject

Vehicle is not stopped.

(j) "Toll Enforcement Officer" shall mean any member of the California

Highway Patrol or any employee or contractor of Agency whose duty is to

enforce the payment of tolls.

(k) "Vehicle" shall mean any vehicle as defined in California Vehicle Code

Section 670.

(l) Violation" means the commission of an activity proscribed in Section 3(a)

hereof.

(m) “Toll Evasion Penalty” or “Penalty” shall have the same meaning as set

forth in Vehicle Code Section 40252 subdivision (b).

(n) “Toll Payment Procedures” means the written procedures for implementing

Electronic Toll Collection issued by the Agency’s Chief Toll Operations

Officer as set forth in the Agency’s Business Rules and/or Standard

Operating Procedures.

Section 2. Electronic Toll Collection. The Chief Toll Operations Officer is authorized to issue

written procedures for implementing the system for Electronic Toll Collection for the payment of

Corridor tolls consistent with this Ordinance and such Board direction as may be given from time

to time. The Toll Payment Procedures shall establish the methods by which Corridor toll payment

can be made automatically via a valid Automatic Vehicle Identification Account, including the

types of registered electronic toll payment accounts and options available to Motorists through the

Agency.

Additionally, Motorists may make toll pre-payments or post-payments in order to avoid receiving

a Notice of Violation pursuant to Section 4(c) of this Ordinance.

(a) FasTrak Account. To establish an Account with Agency, a Motorist must

grace period afforded for toll post-payments pursuant to the Toll Payment

Procedures. An applicant for an Account shall execute an application and

License Agreement providing for the terms and conditions of use of the

Account and establishing a FasTrak Account with the Agency. The

Account holder will be supplied a sticker tag/transponder and must properly

mount the sticker tag/transponder on the Vehicle in order for tolls to be

deducted from the Account when passing through a toll point. Account

holders will have the option to purchase a switchable transponder for use in

declaring occupancy counts on applicable facilities.

(b) Account Payment Types. FasTrak Accounts include the following three

methods of toll payment:

(i) Prepaid Payment Method. The Prepaid Account customer must

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make a credit card, cash or check payment to open and replenish the

Prepaid Account. The payment and replenishment rules for such

accounts, including opening balance, replenishment threshold and

replenishment amount shall be set forth in the Toll Payment

Procedures.

(ii) Charge Payment Method. The Charge Account customer is not

required to have a prepaid balance but is required to maintain a valid

credit card or bank account number on file with the Agency. The

Agency will regularly charge the credit card account or debit the

bank account as toll trips are taken in accordance with the Toll

Payment Procedures.

(iii) Invoice Account Method. The Invoice Account customer is not

required to have prepaid balance nor a credit card or bank account

on file with the Agency. The Agency will invoice the holder of an

Invoice Account periodically for all tolls incurred during the invoice

period. Invoices are due immediately upon receipt and are past due

if not paid within the time period set forth in the Toll Payment

Procedures.

without a valid Automatic Vehicle Identification Account may avoid a

Violation by making pre-payment of the toll amount in accordance with the Toll

Payment Procedures up to five days before incurring the toll. A customer who

enters the Corridor without a valid Automatic Vehicle Identification Account

may cure a Violation by making payment within a five-day grace period

after incurring a toll by contacting the Agency and making a payment, in

accordance with the Toll Payment Procedures. Establishment of a

Automatic Vehicle Identification Account is not required to make pre-

payment or post- payments.

Section 3. Liability for Failure to Pay Toll.

(a) No person shall cause a Vehicle to pass through or attempt to pass through

a Corridor toll collection facility without payment of the proper toll for the

Vehicle.

(b) If the payment method for a toll incurred by an Account holder fails (cash

balance is overdrawn, credit card declines, bank account debit is not

honored, or invoice is past-due), the Account shall be suspended and

outstanding transactions will, at the Agency’s discretion, escalate to

Violations. Subsequent transactions after the Account is suspended will

immediately escalate to Violations. If an invoice issued to an Invoice

Account holder is past-due, all transactions billed on the past-due invoice

may be identified in a single Violation Notice, with each separate

transaction carrying its own Violation penalty pursuant to Section 4 of this

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Ordinance.

lessee of a Vehicle which is the subject of any Violation shall be jointly and

severally liable for the Penalties imposed under this Ordinance, unless the

registered owner can demonstrate, as provided in Section 5 hereof, that the

Vehicle was used without the express or implied consent of the registered

owner. A registered owner who pays any Penalty pursuant to this Ordinance

shall have the right to recover the same from the driver, rentee or lessee.

(d) A Motorist who is not the owner of the Vehicle may contest the Notice of

Violation in accordance with this Ordinance.

(e) Any Motorist assessed a Penalty for a Violation shall be deemed to be

charged with a non-criminal civil violation.

Section 4. Penalties and Enforcement of Violations.

(a) The Penalties for a Violation of this Ordinance shall be the amounts set forth

in the Schedule of Penalties, attached hereto as Schedule A and incorporated

by reference herein. The Schedule of Penalties may, in the discretion of the

Agency's Chief Executive Officer, be amended, from time to time by the

Agency, but may not be greater than the amounts established under Code

Section 40258 as the maximum Penalties for civil toll evasion violations.

Subject to the limitations stated above, the Agency's Board of Directors may

establish late payment Penalties and other related charges for Violations,

except in the event the driver is arrested pursuant to Article 1 (commencing

with Section 40300) of Chapter 2 of the Code, in which case the civil

procedure for enforcement of violations that is established by this

Ordinance shall not apply. Penalties assessed and paid pursuant to this

subsection shall be remitted to the Agency.

(b) The Agency may designate certain of its employees or contractors as Toll

Enforcement Officers. Training and qualifications of the employees or

contractors for such designation shall be determined by the Agency.

Designation as a Toll Enforcement Officer does not provide the Toll

Enforcement Officer with the power of arrest. Any member of the

California Highway Patrol patrolling the Corridor shall be deemed to be a

Toll Enforcement Officer for purposes of enforcing the payment of tolls.

image, visual observation, or otherwise) and the subject Vehicle is not

stopped, a notice of toll violation shall be forwarded to the registered

owner within 21 days, unless accurate information concerning the identity

and address of the registered owner is not available within 21 days or the

registered owner is a “repeat violator” as that term is defined in Section

40254(a) of the Code. If accurate information concerning the identity and

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address of the registered owner is not available within 21 days of the

violation, the Agency shall have up to 66 days to forward the notice of toll

violation. If the registered owner is a repeat violator, the Agency shall

have up to 90 days to forward the notice of toll violation.

(d) In the case of joint ownership of a Vehicle, the Notice of Violation shall be

issued to the first name appearing in the registration. If a Notice of

Violation is issued in person to the driver of a Vehicle, the driver of the

Vehicle shall be deemed the agent of the registered owner for purposes of

delivery of the Notice of Violation. The Notice of Violation shall contain:

(i) The date and time of issuance.

(ii) The name and address of the person to whom the Notice of Violation

is issued.

(iii) The date, time and location of the alleged Violation.

(iv) The alphanumeric designation of the license plate on the Vehicle

that was used in the alleged Violation(s) and, if applicable, the

registration expiration date and the make of the Vehicle.

(v) The Section of the California Vehicle Code alleged to have been

violated.

(vi) The procedure and deadline for the Motorist to follow in order to

pay the penalty or to contest the Notice of Violation (and to appeal

an adverse decision), including the time and place for appearance by

the registered owner.

(vii) The amount of the applicable Penalty for the Violation and the

further Penalty to be paid in the event the Penalty imposed with the

Notice of Violation is not paid timely.

(viii) A statement that there will be additional costs and fees incurred by

the Motorist according to the local jurisdiction rules if collection is

pursued through court action.

Additional information may be included in the Notice of Violation in the

discretion of the Chief Executive Officer of the Agency.

(e) If the description of the Vehicle in the Notice of Violation does not match

the corresponding information on the registration card for that Vehicle, the

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Agency may, on written request of the Motorist, cancel the Notice of

Violation without the necessity of appearance by that person.

(f) If after a copy of the Notice of Violation has been sent to the Motorist, the

Agency determines that, in the interest of justice, the Notice of Violation

should be dismissed, the Agency shall dismiss the charges and so notify the

Motorist.

(g) If the full amount of the Penalty is received by the person authorized to

receive the deposit of the Penalty and there is no contest as to that

Violation, proceedings under this Ordinance shall terminate.

Section 5. Failure to Pay Toll Evasion Penalties.

(a) If the payment of a Penalty is not received by the Agency as specified in the

Notice of Violation by the time and date fixed on the Notice of Violation

under Section 4, above the Agency shall deliver by personal service or first-

class mail to the registered owner of the Vehicle a Notice of Delinquent

Violation.

(b) The Agency shall establish a procedure for providing, upon request, a photo

static copy of the original Notice of Violation or an electronically produced

facsimile of the original Notice of Violation. The Agency may charge a fee

sufficient to recover the actual cost of providing the copy, to be established

by the Chief Executive Officer, not to exceed two dollars ($2).

to be contained in the original Notice of Violation and, additionally shall

contain a notice to the registered owner that, unless the registered owner

pays the Penalties or contests the citation pursuant to the procedure set forth

in the Notice of Violation within 30 days after mailing of the Notice of

Delinquent Toll Violation, or completes and files an Affidavit of Non-

liability in compliance with this Section and Section 4(d), the Violation

shall be considered to be a debt due and owing the Agency, and the Agency

may seek recovery in any lawful manner, including non-renewal action

against the Vehicle's registration.

(d) The Notice of Delinquent Violation shall contain, or be accompanied with,

an Affidavit of Non-liability and information regarding what constitutes

non-liability, information as to the effect of executing the Affidavit, and

instructions for returning the Affidavit to the Agency. If the Affidavit of

Non-liability is returned to the Agency within 30 days of the mailing of the

Notice of Violation or Notice of Delinquent Toll Violation together with

proof that either (i) the driver at the time of the Violation did not possess

express or implied authority to drive the Vehicle, or (ii) the registered owner

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served has made a bona fide sale or transfer of the Vehicle and has delivered

possession thereof to the purchaser prior to the date of the alleged Violation

in compliance with Section 5602 of the Code, and the Agency is satisfied

with such proof, the Agency may terminate proceedings against the

originally served Motorist and proceed against the unauthorized driver at

the time of the Violation, or the new owner of the Vehicle. To establish the

defense enumerated in clause (i), above, the registered owner may provide

a stolen vehicle police report or other evidence which the Agency will

evaluate and in its discretion determine whether the defense has been

established.

Section 6. Payment After Notice of Delinquent Violation.

(a) If a Motorist, or agent of a Motorist who was served with a Notice of

Delinquent Violation pursuant to Section 5, deposits the demanded

Penalties with the Agency, after the Notice of Delinquent Violation is issued

for delivery, the Agency shall follow the procedures set forth in Section

40266 of the Code.

Section 7. Contest of Notice of Violation or Delinquent Violation.

(a) Any Motorist who wishes to contest a Notice of Violation or Notice of

Delinquent Violation may do so without having to deposit the toll or

Penalty. If a Motorist timely contests a Notice of Violation or Notice of

Delinquent Violation, the Agency shall conduct an administrative

investigation, which shall consist of reviewing the evidence on which the

alleged violation was based, including any photographs of the alleged

violation, reviewing the Department’s registered owner information, and

confirming that a full and complete payment was not timely made. The

results of the administrative investigation shall be mailed or emailed to the

Motorist.

(b) The Agency shall establish a fair and impartial administrative review

procedure for any Motorist who wishes to timely contest a Notice of

Violation or a Notice of Delinquent Violation after receiving the results of

an administrative investigation. Such procedure shall be in accordance

with Section 40255 of the Code and shall be implemented by the Agency's

Chief Executive Officer who shall have the authority to update and revise

such procedure from time to time as the Chief Executive Officer deems

necessary.

Delinquent Violation shall be provided with a copy of the administrative

review procedure and invited to request a hearing. A properly requested

hearing shall be held within 90 calendar days following the receipt of a

request for administrative hearing, excluding any time tolled pursuant to

Article 4 of Chapter 1 of Division 17 of the Code. In the event a hold has

been placed on the renewal of a Motorist’s Vehicle registration under

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Section 4770 of the Code, then the hearing shall be held within 30 days

following a proper request, provided the Motorist requesting the hearing

cooperates in its scheduling. Prior to filing any request to intercept monies

due to the Motorist from the Franchise Tax Board in accordance with

Government Code Sections 12419.5 et seq. the Agency shall provide 45

days’ advance written notice, and the hearing on the review shall be

scheduled prior to the filing of the request to intercept.

Section 8. Payment Plans. The Agency’s Chief Toll Operations Officer shall establish a

payment plan policy for offering payment plans to qualified Motorists for purposes of resolving

Penalties. The policy shall comply with the requirements set forth in Section 40269.5 of the

Code. The Agency’s Chief Toll Operations officer may also authorize payment plans on terms

that the officer deems reasonable even if the Motorist does not qualify under Section 40269.5 of

the Code.

Section 9. Collection of Unpaid Penalties. Except as otherwise provided in Sections 40268 and

40269 of the Code, the Agency shall be authorized to proceed under one or more of the following

options for the collection of unpaid Penalties:

(a) The Agency may file an itemization of unpaid Penalties (including

administrative and service fees) with the Department for collection with the

registration of the Vehicle pursuant to Section 4770.

(b) If more than four hundred dollars ($400) in unpaid Penalties and other

charges have been accrued by any Motorist or registered owner, the Agency

may file proof of that fact with the court with the same effect as a civil

judgment. Execution may be levied, and other measures may be taken for

the collection of the judgment as are authorized for the collection of any

unpaid civil judgment entered against a defendant in an action on a debtor.

The court may assess costs against a judgment debtor to be paid upon

satisfaction of the judgment. Prior to seeking entry of judgment, the Agency

shall send a notice by first-class mail (and by e-mail, if known) to the

Motorist or registered owner indicating that a judgment shall be entered for

the unpaid Penalties and that after 30 days from the date of the mailing of

the notice, the judgment shall have the same effect as an entry of judgment

against a judgment debtor. The notice shall include all information required

by Section 40267 of the Code and shall also advise the Motorist of the

Motorist’s right to request an administrative review. The filing fee and any

costs of collection shall be added to the judgment amount.

the renewal date, and the notice has not been collected by the Department

pursuant to Section 4770 of the Code, the Agency may file proof of unpaid

Penalties with the court with the same effect as a civil judgment as provided

in subdivision (b), except that if the amount of the unpaid Penalties is not

more than four hundred dollars ($400), the filing fee shall be collectible by

the court from the debtor.

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Schedule "A"

Schedule of Penalties

Toll Evasion Penalty

Delinquent Toll Evasion Penalty

$57.50

$42.50