CHAPTER 3.5. AUTOMATED TRAFFIC LAW ENFORCEMENT SYSTEM
IC 9-21-3.5
Chapter 3.5. Automated Traffic Law Enforcement System
IC 9-21-3.5-1
"Authority"
Sec. 1. As used in this chapter, "authority" refers to the Indianafinance authority.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-2
"Automated traffic law enforcement system"
Sec. 2. As used in this chapter, "automated traffic lawenforcement system" means a device that:
(1) has one (1) or more motor vehicle sensors; and
(2) is capable of producing a photographically recorded imageof a motor vehicle, including an image of the vehicle's front orrear license plate, as the vehicle proceeds through a tollgate, tollzone, or other area on a tollway, qualifying project, or toll roadthat is marked as required by the department, the authority, oran operator as a place where a person using the tollway,qualifying project, or toll road must pay a toll or is otherwisesubject to a fee for using the tollway, qualifying project, or tollroad.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-3
"Department"
Sec. 3. As used in this chapter, "department" refers to the Indianadepartment of transportation.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-4
"Operator"
Sec. 4. As used in this chapter, "operator" has the meaning setforth in IC 8-15.5-2-5 or IC 8-15.7-2-11.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-5
"Owner"
Sec. 5. As used in this chapter, "owner" means a person in whosename a motor vehicle is registered under:
(1) IC 9-18;
(2) the laws of another state;
(3) the laws of a foreign country; or
(4) the International Registration Plan.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-6
"Qualifying project"
Sec. 6. As used in this chapter, "qualifying project" has the
meaning set forth in IC 8-15.7-2-16.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-7
"Toll road"
Sec. 7. As used in this chapter, "toll road" has the meaning setforth for "toll road project" in IC 8-15-2-4(4).
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-8
"Tollway"
Sec. 8. As used in this chapter, "tollway" has the meaning setforth in IC 8-15-3-7.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-9
Payment of toll by owner required
Sec. 9. The owner of a motor vehicle, other than an authorizedemergency vehicle, that is driven or towed through a toll collectionfacility on a toll road, tollway, or qualifying project shall pay theproper toll.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-10
Rules concerning automated traffic law enforcement systems
Sec. 10. The department or the authority may adopt and enforcerules concerning:
(1) the placement and use of automated traffic law enforcementsystems to enforce collection of user fees;
(2) required notification to owners of toll violations;
(3) the process for collection and enforcement of unpaidamounts;
(4) the amount of fines, charges, and assessments for tollviolations; and
(5) other matters relating to automated traffic law enforcementsystems that the department or the authority considersappropriate.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-11
Advance warning signs
Sec. 11. Before enforcing a rule adopted under section 10 of thischapter, the department, the authority, or an operator must installadvance warning signs along the tollways, toll roads, or qualifyingprojects proceeding to the location at which an automated traffic lawenforcement system is located.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-12
Prosecution of toll violations Sec. 12. (a) In the prosecution of a toll violation, proof that themotor vehicle was driven or towed through the toll collection facilitywithout payment of the proper toll may be shown by a videorecording, a photograph, an electronic recording, or other appropriateevidence, including evidence obtained by an automated traffic lawenforcement system.
(b) In the prosecution of a toll violation:
(1) it is presumed that any notice of nonpayment was receivedon the fifth day after the date of mailing; and
(2) a computer record of the department, the authority, or theoperator of the registered owner of the vehicle is prima facieevidence of its contents and that the toll violator was theregistered owner of the vehicle at the time of the underlyingevent of nonpayment.
As added by P.L.47-2006, SEC.45.
IC 9-21-3.5-13
Seizure of transponders
Sec. 13. (a) For purposes of this section, "transponder" means adevice, placed on or within a motor vehicle, that is capable oftransmitting information used to assess or collect tolls. A transponderis "insufficiently funded" when there are no remaining funds in theaccount in connection with which the transponder was issued.
(b) Any police officer of Indiana may seize a stolen orinsufficiently funded transponder and return it to the department, theauthority, or an operator, except that an insufficiently fundedtransponder may not be seized from the holder of an account soonerthan the thirtieth day after the date the department, the authority, oran operator has sent a notice of delinquency to the holder of theaccount.
(c) The department or the authority may enter into an agreementwith one (1) or more persons to market and sell transponders for useon tollways, toll roads, or qualifying projects.
(d) The department, the authority, or an operator may chargereasonable fees for initiating, administering, and maintainingelectronic toll collection customer accounts.
(e) Electronic toll collection customer account information,including contact and payment information and trip data, isconfidential and not subject to disclosure under IC 5-14-3. A contractfor the acquisition, construction, maintenance, or operation of atollway, toll road, or qualifying project must ensure theconfidentiality of all electronic toll collection customer accountinformation.
As added by P.L.47-2006, SEC.45.