Article 4 Toll Tunnels and Bridges Designated as Parts of Interstate Highway System 23-2-120 – 23-2-122
Article 5 Alabama Toll Road, Bridge and Tunnel Authority 23-2-140 – 23-2-163
Article 6 Electronic Toll Collection Act 23-2-165 – 23-2-175

Terms Used In Alabama Code > Title 23 > Chapter 2

  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • AID TO DEPENDENT CHILDREN: Such term shall have the same meaning as "aid to dependent children" as defined by the Federal Social Security Act or amendments thereto. See Alabama Code 23-2-149
  • AID TO THE PERMANENTLY AND TOTALLY DISABLED: Money payments with respect to a person 18 years of age or older who is permanently and totally disabled. See Alabama Code 23-2-149
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • APPROXIMATE LOCATION OF UNDERGROUND FACILITIES: Information about an operator's underground facilities which is provided to a person by an operator and must be accurate to within 18 inches measured horizontally from the outside edge of each side of such operator's facility, or a strip of land 18 inches either side of the operator's field mark or the marked width of the facility plus 18 inches on each side of the marked width of the facility. See Alabama Code 23-2-121
  • Arrest: Taking physical custody of a person by lawful authority.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • authority: The Alabama Toll Road, Bridge, and Tunnel Authority created by this article, or any board, body, or commission succeeding to the principal functions thereof or to which the powers given by this article to the authority shall be given by law. See Alabama Code 23-2-142
  • authority: The Alabama Toll Road, Bridge and Tunnel Authority, as defined in Section 23-2-142. See
  • blasting: The use of an explosive device for the excavation of earth, rock, or other material or the demolition of a structure. See Alabama Code 23-2-121
  • CASE RECORD MATERIAL: The entire case record file pertaining to inquiries about, applicants for, or recipients of public assistance, including but not limited to, applications, narratives, budgets, face sheets, correspondence, authorizations of assistance, change of status forms, financial and statistical record cards and such other material or forms as have been used from time to time. See Alabama Code 23-2-149
  • Circumstantial evidence: All evidence except eyewitness testimony.
  • commission: The Alabama Public Service Commission;

    (6) FEDERAL SAFETY STANDARDS. See Alabama Code 37-4-90

  • commissioner: The Commissioner of the State Department of Human Resources. See Alabama Code 23-2-149
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • CONTRACT LOCATOR: Any person contracted with an operator specifically to determine and mark the approximate location of the operator's utility lines that exist within the area specified by a notice served on the "One-Call Notification System. See Alabama Code 23-2-121
  • cost: As applied to a toll road, bridge, or tunnel project, the cost shall include, but not be limited to, the following:

    a. See Alabama Code 23-2-142

  • COUNTY BOARD: The county board of human resources. See Alabama Code 23-2-149
  • COUNTY DEPARTMENT: The department of human resources in each of the 67 counties. See Alabama Code 23-2-149
  • COUNTY DIRECTOR: The director of each county department of human resources. See Alabama Code 23-2-149
  • damage: Includes, but is not limited to, the substantial weakening of structural or lateral support of an underground facility, penetration or destruction of any underground facility's protective coating, housing, or other protective device, and the severance (partial or complete) of any underground facility, but does not apply to any operator's abandoned underground facility. See Alabama Code 23-2-121
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • demolition: Any operation by which a structure or mass of material is wrecked, razed, rendered, moved, or removed by means of any tools, equipment, or explosives. See Alabama Code 23-2-121
  • department: The State Department of Transportation. See Alabama Code 23-2-142
  • department: The Department of Transportation. See
  • Dependent: A person dependent for support upon another.
  • DEPENDENT CHILD: Any needy child coming within the definition of "dependent child" as defined in the Federal Social Security Act or amendments thereto. See Alabama Code 23-2-149
  • DESIGN OR SURVEY LOCATE REQUEST: Any communication to the "One-Call Notification System" or an in-house program of an operator which meets the operational requirements of receiving those excavation or demolition notifications described in subsection (a) of Section 37-15-5, specifically to request existing underground facilities to be located for bidding, predesign, or advance planning purposes. See Alabama Code 23-2-121
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • ELECTRONIC TOLL COLLECTION: A method of collecting tolls or charges which is capable of charging an account holder the appropriate toll or charge including, but not limited to, either of the following:

    a. See

  • ELECTRONIC TRANSMISSION: Any process of communication not directly involving the physical transfer of paper that is suitable for the retention, retrieval, and reproduction of information by the recipient. See
  • EMERGENCY EXCAVATION OR DEMOLITION: An excavation or demolition that is required to eliminate an imminent danger to life, health, property, or the environment or required for the repair or restoration of operator service that is required to be performed before the notification and response procedures required in Section 37-15-4 and 37-15-6 may be fully utilized. See Alabama Code 23-2-121
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • excavator: Any person who engages in excavation. See Alabama Code 23-2-121
  • Executor: A male person named in a will to carry out the decedent
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • IMPLIED EASEMENT: Any unwritten easement or right-of-way on private property required to provide utility or other services by means of underground facilities on property of the owner requesting such service. See Alabama Code 23-2-121
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • juries: include courts or judges in all cases when a jury trial is waived, or when the court or judge is authorized to ascertain and determine the facts as well as the law. See Alabama Code 30-3D-608
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • lessee: Any person, corporation, firm, partnership, agency, association, or organization that rents, leases, or contracts for the use of one or more vehicles and has exclusive use of the vehicles for any period of time. See
  • lessor: Any person, corporation, firm, partnership, agency, association, or organization renting or leasing vehicles to a lessee under a rental agreement, lease, or otherwise wherein the lessee has the exclusive use of the vehicle for any period of time. See
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • MECHANIZED EQUIPMENT: Equipment powered or energized by any motor, engine, hydraulic, or pneumatic device and is used for excavation or demolition work including, but not limited to, tractors, trenchers, bulldozers, power shovels, augers, backhoes, scrapers, pile drivers, drills, cable and pipe plows, or other equipment used for plowing-in or pulling-in cable or pipe. See Alabama Code 23-2-121
  • member: A person who participates in the "One-Call Notification System" to receive services and is in good standing with the "One-Call Notification System" in accordance with the guidelines set forth in the corporation's bylaws. See Alabama Code 23-2-121
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
  • NOTIFICATION AREA: An area or territory which an operator designates as the area where the operator wishes to receive notifications for any excavation in that area. See Alabama Code 23-2-121
  • oath: includes affirmation. See Alabama Code 30-3D-608
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • old age assistance: is used in the laws of this state, such term shall mean "old age pensions. See Alabama Code 23-2-149
  • OLD AGE PENSIONS: Money payments with respect to a needy person who has attained the age of 65 years and who has complied with the requirements of this title. See Alabama Code 23-2-149
  • operator: Any person, governmental agency, or political subdivision, or its agents, who owns or operates a public or private underground facility which furnishes services, information, or materials, or transports or transmits electric energy, light, water, steam, oil, gases, gas, mixture of gases, petroleum, petroleum products, hazardous or flammable liquids, toxic or corrosive fluids and gases, or items of like nature, and telecommunications, cable television, water, drainage, sewage, or other systems of like nature. See Alabama Code 23-2-121
  • operator: Any person who is or was driving a vehicle that is or was the subject of a toll violation, but who is not the owner of the vehicle. See
  • owner: Any person or entity who, at the time of a toll violation and with respect to the vehicle involved in the violation, is the registrant or coregistrant of the vehicle with the Motor Vehicle Division, of the Department of Revenue, or with another state, territory, district, province, nation, or jurisdiction. See
  • payment: Paying a toll by cash, by permitting a charge against a valid account with the authority, department, or private toll entity, or by any other means of payment approved by the authority, department, or private toll entity. See
  • person: Any individual, firm, joint venture, partnership, corporation, association, or joint stock association and includes any trustee, receiver, assignee, or personal representative thereof engaged in the transportation of hazardous liquids. See Alabama Code 37-4-90
  • person: An individual, joint venture, partnership, association, authority, cooperative, firm, corporation, governmental entity, or any subdivision or instrumentality of that entity and its employees, agents, or legal representatives. See Alabama Code 23-2-121
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • PRIVATE TOLL ENTITY: An individual, group of individuals, partnership, corporation, limited liability company, association, or any other legal entity licensed pursuant to Section 23-1-81 or Section 23-2-144(12), to operate toll collection facilities. See
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Probation officers: Screen applicants for pretrial release and monitor convicted offenders released under court supervision.
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes lands, tenements and hereditaments. See Alabama Code 30-3D-608
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Statute: A law passed by a legislature.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • TOLERANCE ZONE: The width of the underground facility plus 18 inches on either side of the outside edge of the underground facility on a horizontal plane. See Alabama Code 23-2-121
  • TOLL VIOLATION: The passage of a vehicle through a toll collection point without payment of the required toll. See
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Trustee: A person or institution holding and administering property in trust.
  • UNDERGROUND FACILITY: Any cable, pipeline, duct, wire, conduit, or other similar installation, installed underground or underwater, by which an operator transports or delivers materials, information, or services. See Alabama Code 23-2-121
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • United States: includes the territories thereof and the District of Columbia. See Alabama Code 30-3D-608
  • vehicle: Any motor-propelled device in, upon, or by which any person or property is transported or drawn upon a road or highway, except devices used exclusively upon stationary rails or tracks. See
  • writing: includes typewriting and printing on paper. See Alabama Code 30-3D-608