Sec. 12. In the enforcement of a toll violation, including the collection of fees:

(1) proof that the motor vehicle was driven or towed through the toll collection or private toll facility without payment of the proper toll or user fee may be shown by a video recording, a photograph, an electronic recording, or other appropriate evidence, including evidence obtained by an automated traffic law enforcement system;

Terms Used In Indiana Code 9-21-3.5-12

  • authority: refers to the Indiana finance authority. See Indiana Code 9-21-3.5-1
  • automated traffic law enforcement system: means a device that:

    Indiana Code 9-21-3.5-2

  • department: refers to the Indiana department of transportation. See Indiana Code 9-21-3.5-3
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • fee: means an amount assessed or imposed under:

    Indiana Code 9-21-3.5-3.5

  • operator: means :

    Indiana Code 9-21-3.5-4

  • owner: means a person in whose name a motor vehicle is registered under:

    Indiana Code 9-21-3.5-5

  • Private toll facility: includes any subsequent improvement, betterment, enlargement, extension, or reconstruction of an existing private toll facility. See Indiana Code 9-21-3.5-5.5
  • toll violation: refers to the failure to pay a toll or user fee required under section 9 or 9. See Indiana Code 9-21-3.5-7.5
(2) it is presumed that any notice of nonpayment was received on the fifth day after the date of mailing; and

(3) a computer record of the department, the authority, or the operator regarding the registered owner of the vehicle is prima facie evidence of its contents and that the toll violator was the registered owner of the vehicle at the time of the underlying event of nonpayment.

As added by P.L.47-2006, SEC.45. Amended by P.L.152-2015, SEC.10.

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