(1) A toll collection system may include, but is not limited to, electronic toll collection and photo tolling.

Terms Used In Washington Code 47.56.795

  • Commission: means the transportation commission created in RCW 47. See Washington Code 47.01.021
  • Electronic toll collection system: means a system that collects tolls by crediting or debiting funds from a customer's unique prepaid tolling account. See Washington Code 47.56.010
  • person: may be construed to include the United States, this state, or any state or territory, or any public or private corporation or limited liability company, as well as an individual. See Washington Code 1.16.080
  • Photo toll: means a toll charge associated with a particular vehicle that is identified by its license plate. See Washington Code 47.56.010
  • Photo toll system: means a camera-based imaging system that uses digital video or still image formats to record license plate images of vehicles using toll lanes for the purpose of collecting a photo toll. See Washington Code 47.56.010
  • Secretary: means the secretary of transportation as provided for in RCW 47. See Washington Code 47.01.021
  • Toll payment due date: means the date when a toll must be paid to avoid a toll violation civil penalty. See Washington Code 47.56.010
(2)(a) A photo toll system may take photographs, digital photographs, microphotographs, videotapes, or other recorded images of the vehicle and vehicle license plate only.
(b) Notwithstanding any other provision of law, all photographs, digital photographs, microphotographs, videotape, other recorded images, or other records identifying a specific instance of travel prepared under this chapter are for the exclusive use of the tolling agency for toll collection and enforcement purposes and are not open to the public and may not be used in a court in a pending action or proceeding unless the action or proceeding relates to a civil penalty under RCW 46.63.160. No photograph, digital photograph, microphotograph, videotape, other recorded image, or other record identifying a specific instance of travel may be used for any purpose other than toll collection or enforcement of civil penalties under RCW 46.63.160. Records identifying a specific instance of travel by a specific person or vehicle must be retained only as required to ensure payment and enforcement of tolls and to comply with state records retention policies. Aggregate records that do not identify an individual, vehicle, or account may be maintained.
(3) The department and its agents shall only use electronic toll collection system technology for toll collection purposes.
(4) Tolls may be collected and paid by the following methods:
(a) A customer may pay an electronic toll through an electronic toll collection account;
(b) A customer may pay a photo toll either through a customer-initiated payment or in response to a toll bill; or
(c) A customer may pay with cash on toll facilities that have a manual cash collection system.
(5) To the extent practicable, the department shall adopt electronic toll collection options, which allow for anonymous customer accounts and anonymous accounts that are not linked to a specific vehicle.
(6) The transportation commission shall adopt rules, in accordance with chapter 34.05 RCW, to assess administrative fees as appropriate for toll collection processes. Administrative fees must not exceed toll collection costs. All administrative fees collected under this section must be deposited into the toll facility account of the facility on which the toll was assessed.
(7) Failure to pay a photo toll by the toll payment due date is a violation for which a notice of civil penalty may be issued under RCW 46.63.160.
(8) For an electronic toll collection system that uses an in-vehicle device, such as a transponder, to identify a particular customer for the purposes of paying an electronic toll from that customer’s toll collection account, the department must allow such in-vehicle devices to be offered for sale at vehicle dealers.

NOTES:

Contingent effective date—2010 c 249: “This act takes effect upon certification by the secretary of transportation that the new statewide tolling operations center and photo toll system are fully operational. A notice of certification must be filed with the code reviser for publication in the state register. If a certificate is not issued by the secretary of transportation by December 1, 2012, this act is null and void.” [ 2010 c 249 § 12.] A notice of certification was filed with the code reviser on December 2, 2011, becoming effective December 3, 2011 (see WSR 11-24-042).
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