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· Different metrics used: At present, there is no formal, stan- courts, use of collection agencies, placing property liens,
dard industry metric for determining and reporting toll credit reporting, driver's license or license plate holds, and
leakage, and a number of agencies use more than one met- vehicle impounding.
ric. These metrics can be based on total annual transactions, · Criminal offense: Failure to pay may result in charges of
total annual revenues, or some combination of these param- theft with restitution required.
eters. Even if some toll agencies use the same metric, there is · Administrative fees: Failure to pay may result in additional
considerable variability in how the formulas are calculated. administrative fees.
This can lead to different conclusions with respect to total
toll leakage as well as creating an incentive for smoothing the The main differences between civil and criminal enforce-
results. ment typically are the costs of administration relative to the
level of deterrence desired or needed. Specifically, civil enforce-
2.2.7 Administrative Fees and ment is less expensive to administer and offers greater control
Criminalization of Toll Violations in processing violations, but it may provide less of a deterrent
to violations. Examples of toll facilities that use civil enforce-
Toll-violation enforcement is a significant issue for all toll- ment include the Illinois State Toll Highway Authority and the
collection methods. There is a direct correlation between the Orange County Transportation Authority.
type of toll-collection method used and the type of violation Criminal enforcement is a stronger deterrent against toll
enforcement measures that should be considered and installed. violations because of the possibility of the imposition of larger
This correlation relates to the ability to prevent violations and fines and possible imprisonment. However, criminal enforce-
to collect payments from violators. Enforcement activities ment may be more expensive to administer and more difficult
are either undertaken in-house or are contracted out to third to coordinate since it involves prosecution under criminal court
party (public) agencies. Issues related to violation enforcement proceedings. Criminal enforcement requires coordination with
include (i) the physical detection and prevention of toll vio-
police authorities, courts, and prosecutors. From a cost per-
lations and (ii) the prosecution and accountability of toll
spective, a toll agency would need to determine if the costs of
violators using legal methods.
the desired enforcement mechanism are reasonable given the
projected return in revenues and fees. Examples of toll agen-
Detection and Prevention cies that use criminal enforcement are the Delaware River Joint
Toll Bridge Commission in Pennsylvania and New Jersey and
Detection and prevention of toll violations can be under-
the Harris County Toll Road Authority in Texas.
taken using the following methods:
In either circumstance, civil or criminal, unless specifically
· Gates: Gates will not open until payment is registered. prohibited, the state always retains (or should reserve) the right
· Toll attendant observation: An attendant records the license to pursue the collection of fees and penalties owed to it through
plate number of the vehicle that he or she observed not pay- all available means, including withholding privileges adminis-
ing. Information is logged on paper or electronically and is tered by the state such as vehicle registration. Whether toll data
cross-referenced against motor vehicle records to determine are subject to legal proceedings and can be released to outside
vehicle ownership. parties (e.g., those involved in non-highway criminal, civil, or
· Camera/video enforcement system: A picture of the license matrimonial issues) depends on the existing statutes within
plate is taken if the system fails to record an ETC or cash each state. Generally, state public information or open records
payment associated with that vehicle. The license plate is laws require the release of information that a governmental
cross-referenced against motor vehicle records to determine entity collects or that is retained on its behalf. Because elec-
vehicle ownership. tronic tolling requires the collection of personal information
· Police/law enforcement: Police observe nonpayment and (name, address, phone number, credit card, vehicle descrip-
pursue violator. tion, license plate, etc.), states have amended their statutes
to prevent the unauthorized release of this information and to
limit release to certain circumstances. This can include court
Accountability and Prosecution
order, toll enforcement, and the investigation of a felony
Toll violators can be made accountable for their actions offense. The retention of personal data is typically limited to
using the following legal methods: only the period necessary to collect outstanding toll and fee
amounts due to the agency.
· Traffic offense: Failure to pay may result in traffic citation. With the increase in the number of electronic toll facilities
· Civil offense: Failure to pay may result in collection efforts, around the country, the collection of personal data has gener-
including sending notices of nonpayment, filings in civil ally had a limited impact on user acceptance. Ease of travel has
