REGIONAL TOLL VIOLATION ENFORCEMENT

Transcription

1 REGIONAL TOLL VIOLATION ENFORCEMENT A COOPERATIVE EFFORT OF THE I-95 CORRIDOR COALITION, AAMVA, ATI, IBTTA AND PARTICIPATING MOTOR VEHICLE AND TOLL AGENCIES

2 WEBINAR OUTLINE 1. INTRODUCTIONS 2. STATEMENT OF PURPOSE AND GOALS 3. DESCRIPTION OF CURRENT EFFORTS 4. KEY FACTORS TO BE ADDRESSED 5. LEGISLATION ALTERNATIVES 6. FUTURE ACTIONS 7. QUESTIONS AND ANSWERS

3 INTRODUCTIONS JAMES CRAWFORD MODERATOR

4 STATEMENT OF PURPOSE AND GOAL DELAWARE SECRETARY OF TRANSPORTATION JENNIFER COHAN

5 PURPOSE New Toll Collection Technologies necessitate the need for collecting tolls from those without accounts, including vehicles from other states. Current practice has been focused on sending notices and trying to collect. Debt collection practices have been the norm for going after those who choose not to pay. Potential to use Motor Vehicle registration or license holds or suspensions have limited value outside of home state. New cooperative program in New England shows potential for interstate cooperation Desire to expand Interstate Cooperation

6 Goal ADVANCE INTERGOVERNMENTAL RELATIONSHIPS TO IDENTIFY AND COLLECT TOLLS FROM THOSE WHO LACK A TOLL ACCOUNT REGARDLESS OF THE STATE OF VEHICLE REGISTRATION EVEN WHEN THE TOLL FACILITY USER IS RELUCTANT TO MAKE PAYMENT EXPANDED EXCHANGES OF CUSTOMER INFORMATION AMONG AGENCIES, CONSISTENT WITH EACH AGENCIES PRIVACY POLICIES.

7 DESCRIPTION OF CURRENT EFFORTS NEW ENGLAND MID-ATLANTIC OTHER GROUPS

8 NEW ENGLAND S COOPERATIVE AGREEMENTS Three Bi-Lateral Agreements Most restrictive rules used in each Allow for one toll Agency to ask another to initiate a registration hold All payments made to the Agency initiating the request DMV lifts hold at authorization of Toll Agency in their State DMV collects standard restoration fee

9 Mid-Atlantic States Meeting held to discuss cooperation. Presentations made by Pennsylvania, Maryland and Delaware Further discussions required

10 Others These programs are intended to address the most difficult to collect tolls They generally are focused on adjacent or nearby states Programs being developed by others to provide matches of account holders and identification of away customers are not intended to be changed by this apprach.

11 KEY FACTORS TO BE ADDRESSED DMV PARTICIPATION MULTI-STATE OR BILATERAL AGREEMENTS SENSE OF SCALE EXTENT OF ACTIONS TAKEN SYSTEMS AND COSTS

12 DMV PARTICIPATION DMV S must be completely on board for success DMV s must be able to direct customers to a local toll operator for handling of issues At present non-toll states will not be included DMV s must be able to collect their standard fees for restoration of registrations DMV s must be able to receive data in a form that they specify and which causes minimum additional work and costs

13 Multi-State or Bilateral Multi-State agreements would be desirable but initially bilateral agreements may be necessary Address the more restrictive requirements Ensure home state customers of DMV are not treated in a way different from other violations in their home state Minimize the number of contact points for the DMV Allow Toll Agencies to ensure the impacted Agency determines that the tolls and associated fees are paid (and to waive costs at their disrection)

14 SENSE OF SCALE Work done in New England is relatively small scale Can be done on a Spread Sheet Each State can handle reviews and adjustments manually A Mid-Atlantic cooperative program would involve a much larger scale Need to have an automated data transmission/reception element Need to format data to meet the processing DMV s requirements which may mean double processing Must rely on computer processing of the images to verify plate data If costs become significant (e.g. systems modifications, data formatting, etc) an equitable sharing agreement may be necessary.

15 EXTENT OF ACTION TAKEN STATES HAVE DIFFERENT PENALTIES ASSOCIATED WITH FAILURE TO PAY LEGITIMATE PUBLIC COSTS Immediate suspension of registration A hold on registration at time of next renewal A hold on license renewal at time of next renewal Customers rely on their home state laws to govern potential penalties Due Process must be ensured to protect the enforcement program and these may have to provide for a home state appeal process Specific clearance procedures must be established

16 SYSTEMS AND COSTS There is a need for systems to initiate, monitor and close out enforcement actions Must conform to DMV requirements Must ensure that information on who, what and when are available Must provide for appeals Must not require extensive program adjustments or additional software unless somehow funded

17 LEGISLATION EXAMPLES

18 CURRENT EXAMPLES New England Legislation Mid Atlantic Legislation Other Cooperative Legislation

19 KEY ELEMENTS OF FUTURE LEGISLATION Open language as to who can have reciprocal agreements Clear statement of value and purpose Maintain current state systems when possible

20 FUTURE ACTIONS MID-ATLANTIC COOPERATION

21 MID-ATLANTIC COOPERATION Current status of authority for intergovernmental agreements Process for moving forward Recognizing how to participate

22 Violation Matrix Regional Toll Violation Enforcement Consideration Matrix Question Issuses NCDOT VADOT VADMV MDOT DelDOT PTC/PA DMV 238,443 Actual Citations issued to non-md registered vehicles Includes video toll amount and $50 civil penalty Estimates of Out of State Enforcemtent Actions your agency 1 could have requested for your FY 2015 $21,916, ,368 Potential DMV Referrals Based on Maryland Rules: N - non-renewal of registration for outstanding balance of $0.01 to $999.99= 100,225 S - suspension of registration for outstadning balance of $1,000 or greater = 1, Estimates of Out of State Enforcemtent Actions your agency could have requsted for your FY 2016 What is an estimated costs for the "Enforcement" actions taken in FY 2016? Do "Enforcement" collections cover the costs for Enforcement and lost tolls? How do you verify the customer received violation notice(s)? Actual MD Central Collection Unit Referrals Outstanding balance of $30 or greater =45,832 Actual Citations issued to non-md registered vehicles Includes video toll amount and $50 civil penalty =304,737 Yes but not on lost tolls Potential DMV Referrals Based on Maryland Rules: N - non-renewal of registration for outstanding balance of $0.01 to $ =125,497 S - suspension of registration for outstadning balance of $1,000 or greater = 1,636 $2,002, To-Date: 235,134 Total sent less the Returned Mail The PTC does not record expenses for collections. The primary collections agency keeps 13% and the secondary agency keeps 21%, but the PTC adds a fee on top of tolls before sending it to $123,486 collections to ensure recovery of the tolls. Yes The violation is sent via first class mail to address on record for the registration.

23 6 How do you handle transfer of Responsibility (TOR) 7 Does TOR apply to anyone who can show operation by someone other than the owner or only for someone other than the title holder? 8 At what time can a TOR be requested? 9 What threshold do you use for going into "collections" 10 What threshold do you use for going into "Enforcement" Actual MD Central Collection Unit Referrals Outstanding balance of $30 or greater =27,283 Collection cost per transaction $00.00 Through the appeal process Provided by statute, owner must testify that someone else was operating and provide that information. A defense is available to the owner if the vehicle was reported stolen. TOR applies to lease/rental vehicles only. All others are registered vehicle owner's responsibility Only applies to the owner The collection cost per transaction includes uncollectable tolls Upon receipt of 1st or 2nd No legislated timeframe, 30 days via violation notice business rule MDTA sends all notices by USPS first class mail. There is no verification of receipt. Sometime in the future the MDTA will implement USPS intellegent mail barcoding (IMB) which will allow tracking to the mail carrier level. The Aging process. Normally after two months Customers are required to provide specific information which is spelled out on the Notice of Toll Due (NOTD). The NOTD is the 1st The Aging notice of a video toll. process. Normally after two months 1 violation, 2 notices, and 90 days in total Existing: Collections is enforcement Proposed: Suspension of vehicle registration is 6 violations or $500 in tolls, collections is not waived

24 TORs can be requested under limited circumstances and with specific documentation for the following: - Driver is Not the Owner - Leased Vehicle - Dealer/Transporter - Stolen (this is really a waiver and not a transfer) Does placing an account in collections mean that you are initiating "Enforcement" actions if not paid by the due date? Is the Threshold in charges or in the number of unpaid transactions? 13 Do you have a formal appeal process? 14 What is the formal appeal process? 15 Do you have an actual court hearing opportunity? MDTA allows customers to transfer responsibility during the NOTD period and later under limited circumstances. Transfers are allowed until the NOTD due date (30 days from issuance) Yes neither it is the aging process Any unpaid amounts of $30 or greater will be referred to the MD Central Collection Unit for collection action. Yes Citation Issuance - non-payment of NOTD (30days) MVA/DMV Referral - see #1 above CCU Referral - see #1 above Based on the enforcement definition below, MDTA initiates enforcement upon issuance of a Citation. No Yes Proposed: Either 6 violations or $500 in tolls Existing: Yes Proposed: Yes Existing: Written appeal Written appeal Proposed: The customer must request with requested an appeal in the Court of Common documentation Pleas Proposed: Yes

25 22 What is needed to automate out of state requests for a suspension or hold? Not at this point A centralized system similar to the NMVTIS that would receive packets from toll agency states and transmit based on home state rules, laws, and the MOU signed between agencies. Potential DMV Referrals Based on Maryland Rules: N - non-renewal of registration for outstanding balance of $0.01 to $ S - suspension of registration for outstadning balance of $1,000 or greater 16 Is any Court Hearing automatic or only on the customer's request? Yes N/A Proposed: Customer's request 17 What rules exist for verifying that the customer meets the requirements for suspension or hold of registration? Customers can request an administrative review by MDTA during the NOTD period. Customers can request a hearing in MD District Court during the Ciation period. They have to be the registered owner of the vehicle and violations over $ (DE residents) Operating policies and procedures have not been developed since legislation is still pending 18 Does your State provide for suspension of registration? Does your State provide for holding of registrations? 19 Does your State provide for suspension of licensing? NO Yes Yes MD District Court hearings are at customer request only No Registration hold or suspension occurs after all of the following: non-payment of NOTD, non-payment and no contesting of Citation, and non-payment of DMV warning notice. Registration hold or suspension is based on the outsanding balance owed on a single license plate. Existing: No, not for toll violations Proposed: Yes, for toll violations Proposed: Not for toll violations Not for toll violations Does your State provide for holding of licensing? 20 What does the DMV (or equivilent) require to suspend a registration? 21 What does the DMV (or equivilent) require to hold a registration? Yes Yes Not for toll violations No Notifiation from Toll Ops Notifiation from Toll Ops Not for toll violations A violation file sent via secure FTP to notify the DMV of a violation threshold. The PA DMV does not place a hold on registrations for toll violations.

26 Not for toll violations 23 What is an estimate on the cost to provide such automation? A referral file is sent electronically once per day to request suspension or release suspension. Manual real-time releases can be made on an ad-hoc basis. Estimated $600,000 to set up the system and $0.41 per transaction to cover the mailing. We passed legislation in 2013 authorizing the Secretary of Transp to What do you need to have an effective enforcement program in your home State if enter in reciprocity 24 anything? agreements Legislation - Ability to suspend registration A referral file is sent electronically once per day to request registration hold or release registration hold. Manual real-time releases can be made on an adhoc basis. What do you need to have an effective enforcement program in another State if 25 anything? No Legislation - Ability to enter into reciprocity agreements MDTA will be the conduit to MD MVA for all referrals and releases of suspensions or holds. For E-ZPass agencies it is anticipated that referral and release requests will be via a modified daily reciprocity file exchanges. Other agencies could utilize a modified ATI Hub protocol or other electronic method. Do you have laws that allows for taking action against a resident of your state for failure to No, reciprocity legislation is proposed. See attached for 26 pay tolls in another state? If so can you attach a copy or provide legal referernce? N/A currently proposed legislation The MDTA process and connection to MD MVA is existing. All other processes will require new development. Cost is TBD. Proposed: penalty cap of $100 per violation and $600 in aggregate for pending violations, no cap on actual toll 27 If you do permit such action are there any limitations? N/A amounts MDTA's video toll and citation process is fully implemented. Can you initiate a subsequent action if the violator exceeds the limitations on amounts Proposed: Yes, subsequent actions can be initiated for 28 due? Yes additional toll amounts, penalties remain limited to cap MDTA will need a reciprocol agreement and electronic and manual processes to be put in place. 29 Is you state considering mutual interstate enforcement of toll violations? Yes early stages with MD Yes MDTA has enabling legislation in place to allow reciprocol agreements to be made with other states for the purpose of toll collection Are you now working with another state on implementing interstate enforcement? If so Yes, Maryland and Florida with expectation of legislation 30 what other State(s) or Agencies? TBD passage No limitations have been identified yet. Unknown under proposed legislation. Policies to be 31 If you have interstate enforcement how are the payments received and acknowledged? N/A developed. There is no limit on amounts due in MD. For tolls incurred in non-md jurisdications there is no other action MD can take against a MD registered vehicle owner beyond MVA referral. Does your State have existing legislation providing for enforcing out of State violations by 32 its Residents? If yes please attach a copy of the legislation. Yes No

27 QUESTIONS AND ANSWERS

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