An Act
ENROLLED HOUSE
BILL NO. 1788 By: Pae and Caldwell (Chad) of
the House
and
Montgomery of the Senate
An Act relating to the Oklahoma Turnpike Authority;
amending 47 O.S. 2011, Section 11 -1401, which relates
to unlawful acts; expanding list of unl awful acts;
amending 47 O.S. 2011, Section 11 -1401.2, as last
amended by Section 1, Chapter 79, O.S.L. 2016 (47
O.S. Supp. 2020, Section 11 -1401.2), which relates to
the Oklahoma Electronic Toll Collection Act; defining
terms; modifying definition; requiri ng certain
registration; specifying certain violation; allowing
certain charges submitted through video toll
collection system; allowing for alternate method of
notice; specifying use of certain review procedures;
deleting language subjecting certain opera tors to
liability; updating statutory references; and
providing an effective date.
SUBJECT: Oklahoma Turnpike Authority
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 47 O.S. 2011, Section 11 -1401, is
amended to read as follows:
Section 11-1401. A. It shall be unlawful for any person to
enter that part of a turnpike enclosed by fence except in a vehicle
at authorized entrances.
B. It shall be unlawful for the driver of any vehicle to fail
to pay the toll as prescribed by the Oklahoma Turnpike Authority.
C. It shall be unlawful for any person to operate a vehicle on
a turnpike with knowledge that the registered owner of the vehicle ENR. H. B. NO. 1788 Page 2
is liable for any outstanding toll evasion violations issued
pursuant to paragraph 7 of subsection B of Section 11 -1401.2 of this
title.
D. It shall be unlawful for any person to cross a turnpike
except at grade separations provided for cross traffic or through
drainage structures under the turnpike.
D. E. It shall be unlawful for any person to travel a turnpike
on foot except to leave or service a disabled vehicle, or for any
person to hitchhike on a turnpike.
E. F. It shall be unlawful for any person to tear down, damage
or remove any turnpike fence.
F. G. It shall be unlawful to drive, operate or ride any
bicycle or other man -powered vehicle or means of transportation on a
turnpike. The Oklahoma Turnpike Authority may prohibit any light,
mechanically powered vehicle from entering the turnpike, or any
other vehicle it determines would be injurious to the turnpike
surfacing or would be a traffic hazard.
G. H. When any section of highway has been closed to traffic by
the Oklahoma Turnpike Authority and traffic -control devices or
barricades have been erected, it shall be unlawful for any person to
drive any vehicle through, under, over, or around the traffic -
control devices or barricades, or otherwise to enter the closed
area.
H. I. Subsections A through G H of this section shall not apply
to:
1. Officers, employees, agents or contractors of the Oklahoma
Turnpike Authority in performance of their duties;
2. Commissioned officers of the Department of Public Safety;
3. Emergency vehicle operators at the request of the Department
of Public Safety; or
4. Agents, employees or contractors of public utilities while
actually engaged in work in furtherance of construction, maintenance
or repair of such public utilities located on, above or below a
turnpike.
ENR. H. B. NO. 1788 Page 3
I. J. It shall be unlawful for any vehicle, except:
1. Authorized emergency vehicles;
2. Vehicles owned by the Oklahoma Turnpike Authority, its
agents or contractors;
3. Vehicles owned by public utilities, their agents, employees
or contractors, while actually engaged in construction, maintenance
or repair of such public utilities; and
4. Wrecker vehicles while performing services at the request of
the Department of Public Safety,
to cross the center dividing strip of a turnpike, or to travel on
any lane of a turnpike in a direction contrary to the direction of
traffic on such lane.
J. K. All vehicles traveling on a turnpike shall comply at all
times with signs placed on the turnpike regulating traffic thereon.
K. L. No vehicle shall move from one lane to another unless the
way is clear to do so and upon proper signaling.
L. M. Any person who violates any provision of this section
shall, upon conviction, be guilty of a misdemeanor and shall be
punished as provided in Section 17 -101 of this title.
SECTION 2. AMENDATORY 47 O.S. 2011, Section 11 -1401.2,
as last amended by Section 1, Chapter 79, O.S.L. 2016 (47 O.S. Supp.
2020, Section 11-1401.2), is amended to read as follows:
Section 11-1401.2 A. For purposes of this section:
1. "Authority" means the Oklahoma Turnpik e Authority;
2. "Commission" means the Oklahoma Tax Commission;
3. "Department" means the Department of Public Safety;
4. "Electronic toll collection system " means a system of
collecting tolls or charges which is capable of charging an account
holder the appropriate toll or charge by transmission of information
from an electronic device on a motor vehicle to the toll lane, which ENR. H. B. NO. 1788 Page 4
information is used to charge the account the appropriate toll or
charge;
4. 5. "Owner" means any person, corporation, par tnership, firm,
agency, association, or organization who, at the time of the
violation and with respect to the vehicle identified in the notice
of toll evasion violation:
a. is the beneficial or equitable owner of the vehicle,
b. has title to the vehicle ,
c. is the registrant or coregistrant of the vehicle which
is registered with the Oklahoma Tax Commission or
similar registering agency of any other state,
territory, district, province, nation or other
jurisdiction,
d. subject to the liability limitati ons set forth in
paragraph 12 of subsection B of this section, uses the
vehicle in its vehicle renting and/or leasing
businesses, or
e. is a person entitled to the use and possession of a
vehicle subject to a security interest in another
person;
5. 6. "Photo-monitoring system" means a vehicle sensor
installed to work in conjunction with a toll collection facility
which automatically produces one or more photographs, one or more
microphotographs, a videotape or other recorded images of each
vehicle at the time it is used or operated on the turnpikes under
the Authority's jurisdiction;
6. 7. "Toll collection regulations " means those rules and
regulations of the Oklahoma Turnpike Authority or statutes providing
for and requiring the payment of tolls and/or charges prescribed by
the Authority for the use of turnpikes under its jurisdiction or
those rules and regulations of the Authority or statutes making it
unlawful to refuse to pay or to evade or to attempt to evade the
payment of all or part of any toll a nd/or charge for the use of
turnpikes under the jurisdiction of the Authority;
7. 8. "Toll evasion violation " means a failure to comply with
the Authority's toll collection regulations, including the failure ENR. H. B. NO. 1788 Page 5
to pay an invoice submitted by the Authority v ia its video toll
collection system;
8. 9. "Vehicle" means every device in, upon or by which a
person or property is or may be transported or drawn upon a highway,
except devices used exclusively upon stationary rails or tracks; and
9. 10. "Video toll collection system" means a photo-monitoring
system used to charge and collect tolls from owners of vehicles
imaged using the turnpike system. The owner of a vehicle imaged by
the photo-monitoring system may or may not be an Authority account
holder; and
11. "Video toll collection system account " means the
administrative assignment of all vehicles registered to an owner to
an account for efficient billing of the appropriate toll or charge
to an owner.
B. 1. Notwithstanding any other provision of law, t here shall
be imposed monetary liability on the owner of a vehicle for failure
of an operator thereof to comply with the toll collection
regulations of the Oklahoma Turnpike Authority in accordance with
the provisions of this section.
2. An owner's vehicle shall be registered with the Commission
or similar registering agency of this state or any other state,
territory, district, province, nation or other jurisdiction that
permits access to owner registration information upon request by or
agreement with the Authority for the purpose of carrying out the
Authority's governmental functions. If a registering agency does
not permit access to the Authority, an owner may comply by direct
registration with the Authority.
3. a. The owner of a vehicle shall be l iable for a civil
penalty imposed pursuant to this section if the
vehicle was used or operated with the permission of
the owner, express or implied, in violation of the
toll collection regulations, and such violation is
evidence evidenced by information obtained from a
photo-monitoring system. However, no
b. No owner of a vehicle shall be liable for a penalty
imposed pursuant to this section where the operator of
the vehicle has been convicted of failing to pay a ENR. H. B. NO. 1788 Page 6
cash toll, in violation of toll collection
regulations, for the same incident.
c. An owner or operator of a vehicle is subject to a
charge by the Department or other law enforcement
agency for an owner's failure to timely pay an invoice
for tolls and/or charges submitted by the Authority
through its video toll collection system.
3. 4. A certificate, sworn to or affirmed by an agent of the
Authority, or facsimile thereof, based upon inspection of
photographs, microphotographs, videotape or other recorded images
produced by a photo-monitoring system shall be prima facie evidence
of the facts contained therein and shall be admissible in any
proceeding charging a violation of toll collection regulations. The
photographs, microphotographs, videotape or other recorded images
evidencing such a violatio n shall be available for inspection and
admission into evidence in any proceeding to adjudicate the
liability for the violation. Each photo -monitoring system shall be
checked bimonthly for accuracy, and shall be maintained, adjusted or
replaced if necessary to ensure the systems are operating properly.
4. 5. An owner found liable for a violation of toll collection
regulations pursuant to this section shall be liable for a monetary
penalty of Twenty-five Dollars ($25.00) for each violation.
Liability for this monetary penalty does not abrogate an owner 's
obligation to pay toll charges associated with the violation, and
the Authority may pursue collection of such unpaid toll charges
pursuant to this section.
5. 6. An imposition of liability pursuant to t his section shall
be based upon a preponderance of evidence as submitted. An
imposition of liability pursuant to this section shall not be deemed
a conviction as an operator and shall not be made part of the motor
vehicle operating record of the person up on whom such liability is
imposed nor shall it be used for insurance purposes in the provision
of motor vehicle insurance coverage.
6. 7. a. A notice of toll evasion violation shall be sent by
regular first-class mail to each person alleged to be
liable as an owner for a violation of toll collection
regulations. The notice shall be mailed no later than
forty-five (45) days after the alleged violation. A
manual or automatic record of mailing prepared in the ENR. H. B. NO. 1788 Page 7
ordinary course of business shall be prima facie
evidence of the receipt of the notice.
b. A notice of toll evasion violation shall contain the
name and address of the person alleged to be liable as
an owner for a violation of toll collection
regulations pursuant to this section, the registration
or the license tag number of the vehicle involved in
the violation, the location where the photo -monitoring
system recorded the vehicle 's image, the date and time
of the image, the identification number of the photo -
monitoring system which recorded the image or other
document locator number and the nature of the
violation.
c. Notice of toll evasion violation shall be prepared and
mailed by the Authority or its agents and shall
contain information advising the person of the
applicable monetary penalty and method of payment
thereof and the manner and the time in which the
person may contest the liability alleged in the
notice. The notice of toll evasion violation shall
contain, or be accompanied with, an affidavit of
nonliability and information of what constitut es
nonliability, information as to the effect of
executing the affidavit and instructions for returning
the affidavit to the Authority and shall also contain
a warning to advise the persons charged that failure
to contest in the manner and time provided sh all be
deemed an admission of liability and that the penalty
shall be imposed and may be collected as authorized by
law. In addition to the notice required by
subparagraph a of this paragraph, the Authority may
elect to send a subsequent notice of toll ev asion
violation by certified mail or other comparable form
of private or public deliver y service. Such notice
shall contain a statement to the registered owner
that, unless the registered owner pays the toll
evasion penalty or contests the notice within t wenty-
one (21) days after receipt of the certified mail
notice of toll evasion violation or completes and
files the affidavit of nonliability, the renewal of
the vehicle registration shall be contingent upon
compliance with the notice of toll evasion viola tion.
ENR. H. B. NO. 1788 Page 8
d. If the toll evasion penalty is received by the
Authority and there is no contest as to that toll
evasion violation, the proceedings under this section
shall terminate.
e. If the registered owner fails to pay the toll evasion
penalty as required in this section, or fails to
contest the notice of toll evasion violation issued
pursuant to subparagraph c of this paragraph as
provided in subparagraph a of paragraph 7 8 of this
subsection, the registered owner shall be deemed
liable for the violation b y operation of law. The
toll evasion penalty and any administrative fees or
charges shall be considered a debt due and owing the
Authority by the registered owner and the Authority
may proceed to collect such penalty, fees or charges
under paragraph 9 10 of this subsection.
7. 8. a. Within twenty-one (21) days after receipt of a notice
of toll evasion violation a person may contest a
notice of toll evasion violation. In that case, the
Authority shall do the following:
(1) the Authority shall investigate the circumstances
of the notice with respect to the contestant 's
written explanation of reasons for contesting the
toll evasion violation. If, based upon the
results of the investigation, the Authority is
satisfied that the violation did not occur or
that the registered owner was not responsible for
the violation, the Authority shall maintain an
adequate record of the findings of the
investigation. Within thirty (30) days of
receipt of a notice of contest the Authority
shall complete such investigation a nd mail the
results of the investigation to the person who
contested the notice of toll evasion violation,
and
(2) if the person contesting a notice of toll evasion
violation is not satisfied with the results of
the investigation provided for in division (1) of
this subparagraph, the person may, within fifteen
(15) days of the mailing of the results of the
investigation, deposit the amount of the toll ENR. H. B. NO. 1788 Page 9
evasion penalty and request an administrative
review. An administrative review shall be held
within ninety (90) calendar days following the
receipt of a request for an administrative
review, excluding any continuance time. The
person requesting the review may request and
shall be allowed one continuance, not to exceed
twenty-one (21) calendar days.
b. The administrative review procedure shall consist of
the following:
(1) the person requesting an administrative review
shall indicate to the Authority his or her
election for a review by mail or personal
conference and may provide materials in support
of the contest of the results of the
investigation,
(2) upon ten (10) days' written notice mailed to the
contestant, the administrative review shall be
conducted before an examiner designated to
conduct review by the Authority 's governing body
or Director of the Oklahoma Turnpike Authority.
In addition to any other requirements of
employment, an examiner shall demonstrate those
qualifications, training, and objectivity
prescribed by the Authority 's governing body or
Director as are necessary and which are
consistent with the duties and responsibilities
set forth in this section and Section 11 -1401.1
et seq. of this title,
(3) the officer or person authorized to issue a
notice of toll evasion violation shall be
required to participate in an administrative
review. The Authority shall not be required to
produce any evidence other than the notice of
toll evasion violation or copy thereof, a
photograph of the rear of the vehicle,
information received from the Commission
identifying the registered owner of the vehicle,
and a notarized statement from the person
reporting the violations. The documentation in ENR. H. B. NO. 1788 Page 10
proper form shall be considered prima facie
evidence of the violation, and
(4) the review shall be conducted in accordance with
paragraph 5 6 of this subsection and in
accordance with the written procedure established
by the Authority which shall ensure fair and
impartial review of contested toll evasion
violations. The examiner 's final decision shall
be in writing and shall be delivered personally
or by registered mail to the contestant within
ten (10) days of the review. A manual or
automatic record of mailing prepared in the
ordinary course of business shall be prima facie
evidence of the receipt of such decision.
8. 9. a. Within twenty (20) days after receipt o f the final
decision described in division (4) of subparagraph b
of paragraph 7 8 of this subsection, the contestant
may seek review by filing an appeal to the district
court having jurisdiction in the county in which the
contestant lives, where the same s hall be heard on the
record. A copy of the notice of appeal shall be
served in person or by first -class mail upon the
Authority by the contestants. For purposes of
computing the twenty -day period, the Code of Civil
Procedure, Section 2006 of Title 12 of the Oklahoma
Statutes, shall be applicable.
b. The conduct of the hearing on appeal under this
section is a subordinate judicial duty which may be
performed by referees, masters or other subordinate
judicial officials at the direction of the district
court.
c. If no notice of appeal of the Authority 's decision is
filed within the period set forth in subparagraph a of
this paragraph, the examiner 's decision shall be
deemed final.
9. 10. Except as otherwise provided in paragraphs 10 11 and 11
12 of this subsection, the Authority shall proceed under one or more
of the following options to collect an unpaid toll evasion penalty:
ENR. H. B. NO. 1788 Page 11
a. the Authority may file an itemization of unpaid toll
evasion penalties and administrative and service fees
with the Commission for collection at the time of
registration of the vehicle pursuant to paragraph 18
19 of this subsection, or
b. the Authority may contract with a collection agency to
collect unpaid toll evasion penalties, fees, and
charges.
10. 11. The Authority shall not file a civil judgment with the
district court relating to a toll evasion violation which has been
filed with the Commission unless the Authority has determined that
the registration of the vehicle has not been renewed for sixty (60)
days beyond the renewal date and the notice has not been mailed by
the Commission pursuant to paragraph 18 19 of this subsection.
11. 12. If an owner receives a notice of toll evasion violation
pursuant to this paragraph for any time period during which the
vehicle was reported to the police department as having been stolen,
it shall be a valid defense to an allegation of liability for a
violation of toll collection regulations that the vehicle had been
reported to the police as stolen prior to the time the violation
occurred and had not been recovered by such time. If an owner
receives a notice of toll evasion violation pursuant to this
paragraph for any time period during which the vehicle was stolen,
but not yet reported to the police as having been stolen, it shall
be a valid defense to an allegation of liability for a violation of
toll collection regulations pursuant to this paragraph that the
vehicle was reported as stolen within two (2) hours after the
discovery of the theft by the owner. For purposes of asserting th e
defense provided by this subsection it shall be sufficient that a
certified copy of the police report of the stolen vehicle be sent by
first-class mail to the Authority and the district court having
jurisdiction.
12. An
13. Subject to the review pro cedures contained in paragraph 8
of this subsection, an owner of a vehicle to which a notice of toll
evasion violation was issued pursuant to paragraph 6 7 of this
subsection shall not be liable for the violation of the toll
collection regulations provided that the owner sends to the
Authority the affidavit of nonliability described in paragraph 6 7
of this subsection, within twenty -one (21) days after receiving the ENR. H. B. NO. 1788 Page 12
original notice of toll evasion violation. Failure to send such
information within the time period shall render the owner liable for
the penalty prescribed by this section. If the owner complies with
the provisions of this subsection, the operator of the vehicle on
the date of the violation shall be subject to liability for the
violation of toll collection regulations, provided that the
Authority mails a notice of toll evasion violation to the operator
within ten (10) days after receipt of such information.
13. 14. In connection with the preparation and mailing of a
notice of toll evasion viol ation, the Authority shall ensure
adequate and timely notice to all video toll collection system and
electronic toll collection system account holders to inform them
when their accounts are delinquent. An owner who is an account
holder under the video tol l collection system or electronic toll
collection system shall not be found liable for a violation of this
section unless the Authority has first sent a notice of delinquency
to the account holder and the account holder was in fact delinquent
at the time of the violation.
14. 15. Nothing in this section shall be construed to limit the
liability of an operator of a vehicle for any violation of toll
collection laws or regulations.
15. 16. Notwithstanding any other provision of law, all
photographs, microphotographs, videotape or other recorded images
prepared pursuant to this section shall be for the exclusive use of
the Authority in the discharge of its duties under this section and
shall not be open to the public nor be used in any court in any
action or proceeding pending therein unless the action or proceeding
relates to:
a. the imposition of or indemnification for liability
pursuant to this section, or
b. an investigation or prosecution for a criminal
violation of the laws of the State of Oklahoma. Such
records shall be available to a law enforcement
officer or law enforcement agency for law enforcement
purposes related to an investigation or prosecution of
a criminal violation of the laws of the State of
Oklahoma pursuant to a duly issued search war rant,
subpoena, or order of the court requiring such
disclosure to a law enforcement officer or agency.
ENR. H. B. NO. 1788 Page 13
16. 17. The Authority shall not sell, distribute or make
available in any way, the names and addresses of video toll
collection system and electronic toll collection system account
holders or Authority patrons, without the consent of the account
holders or patrons, to any entity that will use the information for
any commercial purpose.
17.
18. a. Except as provided in subparagraph c of this
paragraph, the Commission shall refuse to renew the
registration of any vehicle if the registered owner or
lessee has been mailed by certified mail a notice of
toll evasion violation as provided in subparagraph c
of paragraph 6 7 of this subsection, the Authority has
transmitted to the Commission an itemization of unpaid
toll evasion penalties, including administrative fees,
pursuant to paragraph 9 10 of this subsection, and the
toll evasion penalty and administrative fee have not
been paid pursuant to paragraph 8 9 of this
subsection, unless the full amount of all outstanding
toll evasion penalties and administrative fees, as
shown by records of the Commission are paid to the
Commission at the time of application for renewal.
b. The Authority shall issue a notice of disposition of
toll evasion violation to a lessor, if the lessor
provides the Authority with the name, address, and
driver license number of the lessee at the time of the
occurrence of the toll evasion violation.
c. The Commission shall renew the regis tration of any
vehicle if the applicant provides the Commission with
the notice of disposition of toll evasion violation
issued pursuant to subparagraph b of this paragraph
for clearing all outstanding toll evasion penalties,
fees and assessments, as shown by the records of the
Commission, and the applicant has met all other
requirements for registration.
18. 19. The Commission shall include on each vehicle
registration renewal notice issued for use at the time of renewal,
or on an accompanying document, an itemization of unpaid toll
evasion penalties, fees and assessments, showing the amount thereof
and the date of toll evasion relating thereto, which the registered ENR. H. B. NO. 1788 Page 14
owner or lessee is required to pay pursuant to paragraph 17 18 of
this subsection.
19.
20. a. Except as provided in subparagraph b of this
paragraph, the Commission shall remit all toll evasion
penalties, fees and assessments collected, after
deducting the administrative fee authorized by
paragraph 20 21 of this subsection, for each notice o f
toll evasion violation for which toll evasion
penalties, fees and assessments have been collected
pursuant to paragraph 17 18 of this subsection, to the
Authority. Within forty -five (45) days from the time
penalties, fees and assessments are paid to the
Commission, the Commission shall inform the Authority
which of its notices of toll evasion violation have
been collected.
b. For each notice of toll evasion violation for which
toll evasion penalties, fees and assessments have been
collected by the Commi ssion pursuant to paragraph 16
17 of this subsection, the Authority is due an amount
equal to the sum of the unpaid toll, administrative
fees, other costs incurred by the Authority that are
related to toll evasion, process service fees, and
fees and collection costs related to civil debt
collection. After deducting the Commission 's
administrative fee authorized by paragraph 20 21 of
this subsection, the Commission shall promptly pay to
the Authority the amounts due the Authority for unpaid
tolls, administrative fees, other costs incurred by
the Authority that are related to toll evasion,
process service fees, and fees and collection costs
related to civil debt collection.
20. 21. The Commission shall assess a fee for the recording of
the notice of toll ev asion violation, which is given to the
Commission pursuant to paragraph 9 10 of this subsection, in an
amount, as determined by the Commission, that is sufficient to
provide a total amount equal to at least its actual costs of
administering paragraphs 17 18, 18 19 and 21 22 of this subsection.
21. 22. Whenever a vehicle is transferred or not renewed for
two renewal periods and the former registered owner or lessee of the ENR. H. B. NO. 1788 Page 15
vehicle owes a toll evasion penalty and administrative fees for a
notice of toll evasion violation filed with the Commission pursuant
to paragraph 9 10 of this subsection, the Commission shall notify
the Authority of that fact and is not required thereafter to attempt
collection of the toll evasion penalty and administrative fees.
This legislation shall not be construed to affect in any way the
power which the Oklahoma Turnpike Authority possesses to establish
tolls and other charges in connection with their turnpike
facilities, including the authority to establish a one -way toll
collection system for any of its facilities or a toll discount
structure for certain classes of patrons using any of its
facilities.
SECTION 3. This act shall become effective November 1, 2021.
ENR. H. B. NO. 1788 Page 16
Passed the House of Representatives the 11th day of March, 2021.
Presiding Officer of the House
of Representatives
Passed the Senate the 21st day of April, 2021.
Presiding Officer of the Senate
OFFICE OF THE GOVERNOR
Received by the Office of the Governor this ____________________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________
Approved by the Governor of the State of Oklahoma this _________
day of ___________________, 20_______, at _______ o'clock _______ M.
_________________________________
Governor of the State of Oklahoma
OFFICE OF THE SECRETARY OF STATE
Received by the Office of the Secretary of State this __________
day of ___________________, 20_______, at _______ o'clock _______ M.
By: _________________________________