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

  • 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 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 38-1-1
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • 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 Alabama Code 23-2-167
  • Bank holding company: has the meaning set forth in 12 U. See Alabama Code 5-13B-21
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • blind person: means a natural person who has no vision or whose vision with correcting glasses is so defective as to prevent the performance of ordinary activities for which eyesight is essential, or who has central visual acuity of 20/200 or less in the better eye with correcting glasses, or whose central visual acuity is more than 20/200 in the better eye with correcting glasses but whose peripheral field has contracted to such an extent that the widest diameter of the visual field subtends an angular distance no greater than 20 degrees. See Alabama Code 1-1-3
  • brand: The trade name or other designation under which a particular petroleum product is sold, offered for sale, or otherwise identified. See Alabama Code 8-17-80
  • 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 38-1-1
  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • 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 38-1-1
  • commissioner: The Alabama Commissioner of Agriculture and Industries. See Alabama Code 8-17-80
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • concessionaire: A person, firm, corporation, partnership, limited liability company, or other legal entity described in Section 23-2-144(a)(12) which has been awarded a contract to construct or operate, or both, a toll road or bridge by the department or the authority. See Alabama Code 23-2-142
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Control: shall be construed consistently with the provisions of 12 U. See Alabama Code 5-13B-21
  • 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

  • Counterclaim: A claim that a defendant makes against a plaintiff.
  • COUNTY BOARD: The county board of human resources. See Alabama Code 38-1-1
  • COUNTY DEPARTMENT: The department of human resources in each of the 67 counties. See Alabama Code 38-1-1
  • COUNTY DIRECTOR: The director of each county department of human resources. See Alabama Code 38-1-1
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • department: The State Department of Transportation. See Alabama Code 23-2-142
  • department: The Department of Transportation. See Alabama Code 23-2-167
  • department: The Alabama Department of Agriculture and Industries. See Alabama Code 8-17-80
  • 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 38-1-1
  • DIESEL FUEL: Any liquid that is advertised, offered for sale, or sold for use as or used as a motor fuel in a diesel-powered engine. See Alabama Code 8-17-80
  • Docket: A log containing brief entries of court proceedings.
  • DYED DIESEL FUEL: Diesel fuel that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 8-17-80
  • DYED KEROSENE: Kerosene that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code. See Alabama Code 8-17-80
  • 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 Alabama Code 23-2-167

  • 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 Alabama Code 23-2-167
  • 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
  • Ex officio: Literally, by virtue of one's office.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Home state: means :

    (1) With respect to a national bank, the state in which the main office of the bank is located;

    (2) With respect to a state bank, the state by which the bank is chartered;

    (3) With respect to a foreign bank, the state determined to be the home state of such foreign bank under 12 U. See Alabama Code 5-13B-21

  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • INSPECTION FEE PERMIT HOLDER: A person to whom the Department of Revenue has issued an inspection fee permit. See Alabama Code 8-17-80
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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 1-1-1
  • kerosene: All grades of kerosene, including, but not limited to, the two grades of kerosene, No. See Alabama Code 8-17-80
  • 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 Alabama Code 23-2-167
  • 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 Alabama Code 23-2-167
  • LUBRICATING OIL: Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum. See Alabama Code 8-17-80
  • month: means a calendar month. See Alabama Code 1-1-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • oath: includes affirmation. See Alabama Code 1-1-1
  • 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 38-1-1
  • 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 38-1-1
  • 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 Alabama Code 23-2-167
  • Out-of-state state bank: means a bank chartered under the laws of any state other than Alabama. See Alabama Code 5-13B-21
  • 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 Alabama Code 23-2-167
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • 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 Alabama Code 23-2-167
  • person: Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit. See Alabama Code 8-17-80
  • PERSON FIRST SELLING: Any person, as herein defined, who first sells dyed diesel fuel, dyed kerosene, and/or lubricating oil in Alabama on which an inspection fee is imposed by this article. See Alabama Code 8-17-80
  • PETROLEUM PRODUCTS: Gasoline, diesel fuel, and lubricating oil. See Alabama Code 8-17-80
  • PHOTO-MONITORING SYSTEM: A vehicle sensor installed to work in conjunction with a toll collection facility which automatically produces one or more photographs, one or more microphotographs, a videotape, or other recorded images of a vehicle at the time it passes through a toll collection point. See Alabama Code 23-2-167
  • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
  • 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.
  • preceding: means next before. See Alabama Code 1-1-1
  • 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 Alabama Code 23-2-167
  • 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.
  • re-refined oil: as used in this division , shall mean any lubricating oil, lubricant or motor lubricating oil which has been previously used, in whole or in part, when such oil has been reprocessed, re-refined or in any manner reclaimed, regardless of the quality of the oil, the method of reprocessing, re-refining or reclaiming of the oil or of the intended use of such oil. See Alabama Code 8-17-110
  • Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
  • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • Service of process: The service of writs or summonses to the appropriate party.
  • state: The State of Alabama. See Alabama Code 8-17-80
  • State: means any state, territory, or other possession of the United States, including the District of Columbia. See Alabama Code 5-13B-21
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Superintendent: means the Superintendent of Banks then in office and, where appropriate, all of his or her successors and predecessors in office. See Alabama Code 5-13B-21
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • TOLL VIOLATION: The passage of a vehicle through a toll collection point without payment of the required toll. See Alabama Code 23-2-167
  • 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.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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 Alabama Code 23-2-167
  • Writ: A formal written command, issued from the court, requiring the performance of a specific act.