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27-76-708. Requirement that an operator of a motor vehicle pay a toll.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-76-708. Requirement that an operator of a motor vehicle pay a toll.
(a)(1) Except as provided under subdivisions (a)(2) and (3) of this section, the operator of a vehicle that is driven or towed through a toll collection facility of a toll road owned by a regional mobility authority shall pay the proper toll.
(2) An authorized emergency vehicle is not required to pay a toll.
(3) A regional mobility authority may waive the requirement of the payment of a toll or may authorize the payment of a reduced toll for any vehicle or class of vehicles.
(b)(1) A violation of this section is an administrative offense and a Class B misdemeanor.
(2) The regional mobility authority or its designee shall attempt collection of the unpaid toll through the administrative procedures under §§ 27-76-710 — 27-76-712 before pursuing prosecution under § 27-76-713.
(3) If the regional mobility authority or its designee is unable to collect an unpaid toll through administrative procedures, then the matter shall be transferred to the appropriate prosecuting attorney.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-76-708
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:27-76-708
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: 147a8d251b26ea871b7f901ec79f5292e65751f6d353004d3353e6e75aeeadc0
Source location: content.xml paragraph 26470
Stored source content
27-76-708. Requirement that an operator of a motor vehicle pay a toll.
(a)(1) Except as provided under subdivisions (a)(2) and (3) of this section, the operator of a vehicle that is driven or towed through a toll collection facility of a toll road owned by a regional mobility authority shall pay the proper toll.
(2) An authorized emergency vehicle is not required to pay a toll.
(3) A regional mobility authority may waive the requirement of the payment of a toll or may authorize the payment of a reduced toll for any vehicle or class of vehicles.
(b)(1) A violation of this section is an administrative offense and a Class B misdemeanor.
(2) The regional mobility authority or its designee shall attempt collection of the unpaid toll through the administrative procedures under §§ 27-76-710 — 27-76-712 before pursuing prosecution under § 27-76-713.
(3) If the regional mobility authority or its designee is unable to collect an unpaid toll through administrative procedures, then the matter shall be transferred to the appropriate prosecuting attorney.
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Arkansas Code — all titles (historical 2020) · legal_authorities
27-76-710. General administrative procedure for collection of an unpaid toll.
(a)(1) The regional mobility authority or its designee may attempt to collect an unpaid toll under § 27-76-708 and an administrative fee to recover the cost of collecting the unpaid toll.
(2) The administrative fee shall not exceed one hundred dollars ($100).
(3) The registered owner shall pay a separate toll and administrative fee for each occurrence of nonpayment under this subsection (a).
(b)(1) Upon the occurrence of the offense of failure to pay a toll, the regional mobility authority or its designee shall issue to the registered owner of the motor vehicle a written notice of nonpayment of the toll.
(2) The notice of nonpayment shall:
(A) Include a statement of the amount of the toll charges and the amount of the administrative fee for which the registered owner of the motor vehicle is liable;
(B) Be sent by first-class mail to the registered owner's address as shown in the motor vehicle registration records maintained by the Department of Finance and Administration;
(C) Be sent not later than thirty (30) days after the date of the alleged failure to pay; and
(D) State that payment is not required until thirty (30) days after the date that the notice was mailed.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-76-710
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-76-710. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-76-712. Administrative procedure when the registered owner is a transferor.
(a) If the registered owner of a motor vehicle that was mailed notice of nonpayment of a toll under this section transferred ownership of the vehicle to another person before the offense of an unpaid toll under § 27-76-708 occurred, then the procedures of this section apply.
(b)(1) Not later than thirty (30) days after the date that the notice of nonpayment was mailed to the transferor of the motor vehicle, the transferor shall submit to the regional mobility authority or its designee a bill of sale or supporting documentation for the transfer of ownership.
(2) The name and address of the person in which the motor vehicle was transferred shall be clearly legible on the documents provided to the regional mobility authority or its designee.
(c)(1) If the transferor of the motor vehicle provides the required information within the prescribed period, the regional mobility authority or its designee shall send a notice of nonpayment to the transferee.
(2) The notice of nonpayment shall:
(A) Include a statement of the amount of the toll charges and the amount of administrative fee for which the transferee is liable;
(B) Be sent by first-class mail to the transferee's address as shown in the bill of sale or supporting documentation;
(C) Be sent not later than thirty (30) days after the date of receipt of the required information from the transferor; and
(D) State that payment is not required until thirty (30) days after the date that the notice was mailed.
(d) The transferee shall pay a separate toll and administrative fee for each event of nonpayment.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-76-712
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-76-712. This identifies an authority to review, not proof of applicability.
Arkansas Code — all titles (historical 2020) · legal_authorities
27-76-713. Prosecution of failure to pay tolls.
(a) In the prosecution of a violation of § 27-76-708, the prosecuting attorney shall establish that:
(1) The vehicle passed through a toll collection facility without payment of the proper toll; and
(2) The defendant was either of the following when the failure to pay the toll occurred:
(A) The registered owner of the motor vehicle; or
(B) The operator of the motor vehicle.
(b) The court may consider sworn testimony from any of the following:
(1) A law enforcement officer;
(2) A regional mobility authority employee;
(3) An employee of the designee of the regional mobility authority; or
(4) An employee of the Department of Finance and Administration.
(c) The court may consider any other reasonable evidence, including without limitation:
(1) Video surveillance; or
(2) Evidence obtained by automated enforcement technology.
(d) It is a defense to prosecution under this section that the motor vehicle in question was stolen before the failure to pay the proper toll occurred and was not recovered by the time of the failure to pay, but only if the theft was reported to the appropriate law enforcement authority before the earlier of:
(1) The occurrence of the failure to pay; or
(2) Eight (8) hours after the discovery of the theft.
(e) A person who pleads guilty or nolo contendere to or is found guilty of violating § 27-76-708 is guilty of a Class B misdemeanor.
(f) The court in which a person is convicted of an offense under this section shall also collect the proper toll and administrative fee and forward the toll and fee to the regional mobility authority.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 27-76-713
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 27-76-713. This identifies an authority to review, not proof of applicability.