855-RICR-10-00-2
855-RICR-10-00-2. Rules and Regulations Governing Disputes Involving the Nonpayment of Tolls, Administrative Fees, and Fines (version Technical Revision, 05/30/2017 to 03/12/2021)
2.1 AUTHORIZATION AND PURPOSE
2.1.1 AUTHORIZATION FOR
REGULATIONS
The following rules and
regulations concerning the resolution of disputes over the nonpayment
of tolls, administrative fees, and fines ("Rules and
Regulations") are promulgated by the Rhode Island Turnpike and
Bridge Authority ("Authority") in accordance with R.I. Gen.
Laws § 24-12-37.
2.1.2 PURPOSE
These Rules and Regulations
are intended to provide the public with information regarding the
procedures associated with the nonpayment of tolls, administrative
fees, and fines on the Claiborne Pell Bridge.
2.2 DEFINITIONS
A. For the purposes of these
Rules and Regulations, the following terms shall have the following
meaning:
1. “Administrative Fees”
means the fees added to an unpaid Toll pursuant to R.I. Gen. Laws §
24-12-37.
2. “Bridge” means the
Claiborne Pell Bridge.
3. “Fines” means all fines
incurred by a Toll Evader under R.I. Gen. Laws § 24-12-37.
4. “Nonpayment of Toll”
means the failure to pay any Administrative Fees or Fines associated
with the failure to pay the required Toll, and/ or the failure to pay
the Toll due at the time of crossing or use of the Bridge as a result
of:
a. having an insufficient
amount of cash or legal tender to pay the Toll due;
b. failing to have a
properly-affixed and valid EZ-Pass Transponder with a balance
sufficient to pay the Toll due; or
c. not paying the Toll due or
otherwise evading the obligation to pay the Toll due by, inter alia,
proceeding through or around a gate or barrier at the Bridge’s toll
plaza.
5. “Toll” means the amount
charged by the Authority for use of the Bridge pursuant to R.I. Gen.
Laws § 24-12-9.
6. “Toll Violator” means
any person who uses the Bridge and fails to pay or prepay the
required Toll.
7. “Toll Evader” means any
person who uses the Bridge, fails or refuses to pay the required
Toll, and deliberately circumvents or proceeds around or through a
gate or other barrier on the Bridge; and/or any Toll Violator who
fails or refuses to prepay the required toll on a tolled project at
least one hundred (100) or more times, received at least three (3)
written notices from the Authority (or its agent) regarding the
non-payment of Tolls, and is not a party to, or in current compliance
with, a written repayment plan with the Authority.
8. “Notice of Violation”
means any notice issued by the Authority (or its agent) in connection
with the Nonpayment of Toll by a Toll Violator or Toll Evader.
2.3 RESOLUTION OF DISPUTES
A. Procedures for Disputing
Notices of Violation
1. The Authority intends to
seek to resolve all disputes regarding the Nonpayment of Tolls in an
efficient and fair manner.
2. If a Toll Violator or Toll
Evader disputes their status as such or otherwise disputes the
accuracy of the Authority’s records regarding any Nonpayment of
Toll, the Toll Violator or Toll Evader shall submit a completed Toll
Violation Dispute Form to the Authority within thirty (30) days of
the date of issuance of the disputed Notice of Violation.
3. The Authority will attempt
to work informally and collaboratively with the Toll Violator or Toll
Evader to resolve any dispute regarding the disputed Notice of
Violation or Nonpayment of Toll. The Authority may contact the Toll
Violator or Toll Evader to request additional information to assist
the Authority in evaluating the merits of the dispute.
4. If the Authority determines
that the disputed Notice of Violation shall be voided or adjusted in
favor of the Toll Violator or Toll Evader, then the Authority will
make such adjustment and will advise the Toll Violator or Toll Evader
of the adjustment made. Thereafter, the Toll Violator or Toll Evader
shall pay the newly adjusted amount within ten (10) days of the date
of issuance of the Authority’s determination. However, if the Toll
Violator or Toll Evader fails to timely pay the adjusted amount, then
any adjustment made by the Authority is null and void and the
original amount of the Notice(s) of Violation (and any applicable
Administrative Fees and Fines) shall be immediately due and payable.
5. If the Authority determines
that the disputed Notice of Violation is valid and should not be
voided or adjusted, then the Toll Violator or Toll Evader may request
a telephonic conference with a duly authorized Authority
representative for the purpose of attempting to resolve the dispute.
Such telephonic conference shall be conducted within thirty (30) days
of the Toll Violator or Toll Evader’s request, which request shall
be made no later than thirty (30) days of the date of issuance of the
Authority’s determination. If such conference is not requested or
does not resolve the dispute, then the Authority shall issue a
written final determination to the Toll Violator or Toll Evader
confirming that all amounts owed for the disputed Notice of Violation
shall remain due and payable. Thereafter, any such Toll Violator or
Toll Evader shall remain subject to all consequences set forth in
R.I. Gen. Laws § 24-12-37.