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27-76-713. Prosecution of failure to pay tolls.
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. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:27-76-713
Source file: gov.ar.code.title.27.odt
Pages: Not recorded – Not recorded
Passage SHA-256: f2324cbd632b4efa631c0bd8ad6e9b69e3b7cc5cc12864f244151cd4c45f7e5f
Source location: content.xml paragraph 26529
Stored source content
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.
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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. The source passage cites 27-76-708. This identifies an authority to review, not proof of applicability.