{"data":{"id":"us-ok/okla.-stat.-tit.-47-47-11-1401.2","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 47, § 47-11-1401.2","heading":"Oklahoma Electronic Toll Collection Act -","body":"Definitions - Imposition of toll evasion violation penalties.\n\nA. For purposes of this section:\n\n1. \"Authority\" means the Oklahoma Turnpike Authority;\n\n2. \"Department\" means the Department of Public Safety;\n\n3. \"Electronic toll collection system\" means a system of\n\ncollecting tolls or charges which is capable of charging an account\n\nholder the appropriate toll or charge by transmission of information\n\nfrom an electronic device on a motor vehicle to the toll lane, which\n\ninformation is used to charge the account the appropriate toll or\n\ncharge;\n\n4. \"Owner\" means any person, corporation, partnership, firm,\n\nagency, association, or organization who, at the time of the\n\nviolation and with respect to the vehicle identified in the notice\n\nof toll evasion violation:\n\na. is the beneficial or equitable owner of the vehicle,\n\nb. has title to the vehicle,\n\nc. is the registrant or coregistrant of the vehicle which\n\nis registered with Service Oklahoma or a similar\n\nregistering agency of any other state, territory,\n\ndistrict, province, nation or other jurisdiction,\n\nd. uses the vehicle in its vehicle renting businesses, or\n\ne. is a person entitled to the use and possession of a\n\nvehicle subject to a security interest in another\n\nperson;\n\n5. \"Photo-monitoring system\" means a vehicle sensor installed\n\nto work in conjunction with a toll collection facility which\n\nautomatically produces one or more photographs, one or more\n\nmicrophotographs, a videotape or other recorded images of each\n\nvehicle at the time it is used or operated on the turnpikes under\n\nthe Authority's jurisdiction;\n\n6. \"Toll collection regulations\" means those rules and\n\nregulations of the Oklahoma Turnpike Authority or statutes providing\n\nfor and requiring the payment of tolls and/or charges prescribed by\n\nthe Authority for the use of turnpikes under its jurisdiction or\n\nthose rules and regulations of the Authority or statutes making it\n\nunlawful to refuse to pay or to evade or to attempt to evade the\n\npayment of all or part of any toll and/or charge for the use of\n\nturnpikes under the jurisdiction of the Authority;\n\n7. \"Toll evasion violation\" means a failure to comply with the\n\nAuthority's toll collection regulations, including the failure to\n\npay an invoice submitted by the Authority via its video toll\n\ncollection system;\n\n8. \"Vehicle\" means every device in, upon or by which a person\n\nor property is or may be transported or drawn upon a highway, except\n\ndevices used exclusively upon stationary rails or tracks;\n\n9. \"Video toll collection system\" means a photo-monitoring\n\nsystem used to charge and collect tolls from owners of vehicles\n\nimaged using the turnpike system. The owner of a vehicle imaged by\n\nthe photo-monitoring system may or may not be an Authority account\n\nholder; and\n\n10. \"Video toll collection system account\" means the\n\nadministrative assignment of all vehicles registered to an owner to\n\nan account for efficient billing of the appropriate toll or charge\n\nto an owner.\n\nB. 1. Notwithstanding any other provision of law, there shall\n\nbe imposed monetary liability on the owner of a vehicle for failure\n\nof an operator thereof to comply with the toll collection\n\nregulations of the Oklahoma Turnpike Authority in accordance with\n\nthe provisions of this section.\n\n2. An owner's vehicle shall be registered with Service Oklahoma\n\nor a similar registering agency of this state or any other state,\n\nterritory, district, province, nation or other jurisdiction that\n\npermits access to owner registration information upon request by or\n\nagreement with the Authority for the purpose of carrying out the\n\nAuthority's governmental functions. If a registering agency does\n\nnot permit access to the Authority, an owner may comply by direct\n\nregistration with the Authority.\n\n3. a. The owner of a vehicle shall be liable for a civil\n\npenalty imposed pursuant to this section if the\nby or\n\nagreement with the Authority for the purpose of carrying out the\n\nAuthority's governmental functions. If a registering agency does\n\nnot permit access to the Authority, an owner may comply by direct\n\nregistration with the Authority.\n\n3. a. The owner of a vehicle shall be liable for a civil\n\npenalty imposed pursuant to this section if the\n\nvehicle was used or operated with the permission of\n\nthe owner, express or implied, in violation of the\n\ntoll collection regulations, and such violation is\n\nevidenced by information obtained from a photo-\n\nmonitoring system.\n\nb. No owner of a vehicle shall be liable for a penalty\n\nimposed pursuant to this section where the operator of\n\nthe vehicle has been convicted of failing to pay a\n\ncash toll, in violation of toll collection\n\nregulations, for the same incident.\n\nc. An owner or operator of a vehicle is subject to a\n\ncharge by the Department or other law enforcement\n\nagency for an owner's failure to timely pay an invoice\n\nfor tolls and/or charges submitted by the Authority\n\nthrough its video toll collection system.\n\n4. A certificate, sworn to or affirmed by an agent of the\n\nAuthority, or facsimile thereof, based upon inspection of\n\nphotographs, microphotographs, videotape or other recorded images\n\nproduced by a photo-monitoring system shall be prima facie evidence\n\nof the facts contained therein and shall be admissible in any\n\nproceeding charging a violation of toll collection regulations. The\n\nphotographs, microphotographs, videotape or other recorded images\n\nevidencing such a violation shall be available for inspection and\n\nadmission into evidence in any proceeding to adjudicate the\n\nliability for the violation. Each photo-monitoring system shall be\n\nchecked bimonthly for accuracy, and shall be maintained, adjusted or\n\nreplaced if necessary to ensure the systems are operating properly.\n\n5. An owner found liable for a violation of toll collection\n\nregulations pursuant to this section shall be liable for a monetary\n\npenalty of Twenty-five Dollars ($25.00) for each violation.\n\nLiability for this monetary penalty does not abrogate an owner's\n\nobligation to pay toll charges associated with the violation, and\n\nthe Authority may pursue collection of such unpaid toll charges\n\npursuant to this section.\n\n6. An imposition of liability pursuant to this section shall be\n\nbased upon a preponderance of evidence as submitted. An imposition\n\nof liability pursuant to this section shall not be deemed a\n\nconviction as an operator and shall not be made part of the motor\n\nvehicle operating record of the person upon whom such liability is\n\nimposed nor shall it be used for insurance purposes in the provision\n\nof motor vehicle insurance coverage.\n\n7. a. A notice of toll evasion violation shall be sent by\n\nregular first-class mail to each person alleged to be\n\nliable as an owner for a violation of toll collection\n\nregulations. The notice shall be mailed no later than\n\nforty-five (45) days after the alleged violation. A\n\nmanual or automatic record of mailing prepared in the\n\nordinary course of business shall be prima facie\n\nevidence of the receipt of the notice.\n\nb. A notice of toll evasion violation shall contain the\n\nname and address of the person alleged to be liable as\n\nan owner for a violation of toll collection\n\nregulations pursuant to this section, the registration\n\nor the license tag number of the vehicle involved in\n\nthe violation, the location where the photo-monitoring\n\nsystem recorded the vehicle's image, the date and time\n\nof the image, the identification number of the photo-\n\nmonitoring system which recorded the image or other\n\ndocument locator number and the nature of the\n\nviolation.\n\nc. Notice of toll evasion violation shall be prepared and\n\nmailed by the Authority or its agents and shall\n\ncontain information advising the person of the\nthe photo-monitoring\n\nsystem recorded the vehicle's image, the date and time\n\nof the image, the identification number of the photo-\n\nmonitoring system which recorded the image or other\n\ndocument locator number and the nature of the\n\nviolation.\n\nc. Notice of toll evasion violation shall be prepared and\n\nmailed by the Authority or its agents and shall\n\ncontain information advising the person of the\n\napplicable monetary penalty and method of payment\n\nthereof and the manner and the time in which the\n\nperson may contest the liability alleged in the\n\nnotice. The notice of toll evasion violation shall\n\ncontain, or be accompanied with, an affidavit of\n\nnonliability and information of what constitutes\n\nnonliability, information as to the effect of\n\nexecuting the affidavit and instructions for returning\n\nthe affidavit to the Authority and shall also contain\n\na warning to advise the persons charged that failure\n\nto contest in the manner and time provided shall be\n\ndeemed an admission of liability and that the penalty\n\nshall be imposed and may be collected as authorized by\n\nlaw. In addition to the notice required by\n\nsubparagraph a of this paragraph, the Authority may\n\nelect to send a subsequent notice of toll evasion\n\nviolation by certified mail or other comparable form\n\nof private or public delivery service. Such notice\n\nshall contain a statement to the registered owner\n\nthat, unless the registered owner pays the toll\n\nevasion penalty or contests the notice within twenty-\n\none (21) days after receipt of the certified mail\n\nnotice of toll evasion violation or completes and\n\nfiles the affidavit of nonliability, the renewal of\n\nthe vehicle registration shall be contingent upon\n\ncompliance with the notice of toll evasion violation.\n\nd. If the toll evasion penalty is received by the\n\nAuthority and there is no contest as to that toll\n\nevasion violation, the proceedings under this section\n\nshall terminate.\n\ne. If the registered owner fails to pay the toll evasion\n\npenalty as required in this section, or fails to\n\ncontest the notice of toll evasion violation issued\n\npursuant to subparagraph c of this paragraph as\n\nprovided in subparagraph a of paragraph 8 of this\n\nsubsection, the registered owner shall be deemed\n\nliable for the violation by operation of law. The\n\ntoll evasion penalty and any administrative fees or\n\ncharges shall be considered a debt due and owing the\n\nAuthority by the registered owner and the Authority\n\nmay proceed to collect such penalty, fees or charges\n\nunder paragraph 10 of this subsection.\n\n8. a. Within twenty-one (21) days after receipt of a notice\n\nof toll evasion violation a person may contest a\n\nnotice of toll evasion violation. In that case, the\n\nAuthority shall do the following:\n\n(1) the Authority shall investigate the circumstances\n\nof the notice with respect to the contestant's\n\nwritten explanation of reasons for contesting the\n\ntoll evasion violation. If, based upon the\n\nresults of the investigation, the Authority is\n\nsatisfied that the violation did not occur or\n\nthat the registered owner was not responsible for\n\nthe violation, the Authority shall maintain an\n\nadequate record of the findings of the\n\ninvestigation. Within thirty (30) days of\n\nreceipt of a notice of contest the Authority\n\nshall complete such investigation and mail the\n\nresults of the investigation to the person who\n\ncontested the notice of toll evasion violation,\n\nand\n\n(2) if the person contesting a notice of toll evasion\n\nviolation is not satisfied with the results of\n\nthe investigation provided for in division (1) of\n\nthis subparagraph, the person may, within fifteen\nreceipt of a notice of contest the Authority\n\nshall complete such investigation and mail the\n\nresults of the investigation to the person who\n\ncontested the notice of toll evasion violation,\n\nand\n\n(2) if the person contesting a notice of toll evasion\n\nviolation is not satisfied with the results of\n\nthe investigation provided for in division (1) of\n\nthis subparagraph, the person may, within fifteen\n\n(15) days of the mailing of the results of the\n\ninvestigation, deposit the amount of the toll\n\nevasion penalty and request an administrative\n\nreview. An administrative review shall be held\n\nwithin ninety (90) calendar days following the\n\nreceipt of a request for an administrative\n\nreview, excluding any continuance time. The\n\nperson requesting the review may request and\n\nshall be allowed one continuance, not to exceed\n\ntwenty-one (21) calendar days.\n\nb. The administrative review procedure shall consist of\n\nthe following:\n\n(1) the person requesting an administrative review\n\nshall indicate to the Authority his or her\n\nelection for a review by mail or personal\n\nconference and may provide materials in support\n\nof the contest of the results of the\n\ninvestigation,\n\n(2) upon ten (10) days' written notice mailed to the\n\ncontestant, the administrative review shall be\n\nconducted before an examiner designated to\n\nconduct review by the Authority's governing body\n\nor Director of the Oklahoma Turnpike Authority.\n\nIn addition to any other requirements of\n\nemployment, an examiner shall demonstrate those\n\nqualifications, training, and objectivity\n\nprescribed by the Authority's governing body or\n\nDirector as are necessary and which are\n\nconsistent with the duties and responsibilities\n\nset forth in this section and Section 11-1401.1\n\net seq. of this title,\n\n(3) the officer or person authorized to issue a\n\nnotice of toll evasion violation shall be\n\nrequired to participate in an administrative\n\nreview. The Authority shall not be required to\n\nproduce any evidence other than the notice of\n\ntoll evasion violation or copy thereof, a\n\nphotograph of the rear of the vehicle,\n\ninformation received from Service Oklahoma\n\nidentifying the registered owner of the vehicle,\n\nand a notarized statement from the person\n\nreporting the violations. The documentation in\n\nproper form shall be considered prima facie\n\nevidence of the violation, and\n\n(4) the review shall be conducted in accordance with\n\nparagraph 6 of this subsection and in accordance\n\nwith the written procedure established by the\n\nAuthority which shall ensure fair and impartial\n\nreview of contested toll evasion violations. The\n\nexaminer's final decision shall be in writing and\n\nshall be delivered personally or by registered\n\nmail to the contestant within ten (10) days of\n\nthe review. A manual or automatic record of\n\nmailing prepared in the ordinary course of\n\nbusiness shall be prima facie evidence of the\n\nreceipt of such decision.\n\n9. a. Within twenty (20) days after receipt of the final\n\ndecision described in division (4) of subparagraph b\n\nof paragraph 8 of this subsection, the contestant may\n\nseek review by filing an appeal to the district court\n\nhaving jurisdiction in the county in which the\n\ncontestant lives, where the same shall be heard on the\n\nrecord. A copy of the notice of appeal shall be\n\nserved in person or by first-class mail upon the\n\nAuthority by the contestants. For purposes of\n\ncomputing the twenty-day period, the Code of Civil\n\nProcedure, Section 2006 of Title 12 of the Oklahoma\n\nStatutes, shall be applicable.\n\nb. The conduct of the hearing on appeal under this\n\nsection is a subordinate judicial duty which may be\n\nperformed by referees, masters or other subordinate\n\njudicial officials at the direction of the district\n\ncourt.\n\nc. If no notice of appeal of the Authority's decision is\n\nfiled within the period set forth in subparagraph a of\non 2006 of Title 12 of the Oklahoma\n\nStatutes, shall be applicable.\n\nb. The conduct of the hearing on appeal under this\n\nsection is a subordinate judicial duty which may be\n\nperformed by referees, masters or other subordinate\n\njudicial officials at the direction of the district\n\ncourt.\n\nc. If no notice of appeal of the Authority's decision is\n\nfiled within the period set forth in subparagraph a of\n\nthis paragraph, the examiner's decision shall be\n\ndeemed final.\n\n10. Except as otherwise provided in paragraphs 11 and 12 of\n\nthis subsection, the Authority shall proceed under one or more of\n\nthe following options to collect an unpaid toll evasion penalty:\n\na. the Authority may file an itemization of unpaid toll\n\nevasion penalties and administrative and service fees\n\nwith the Commission for collection at the time of\n\nregistration of the vehicle pursuant to paragraph 19\n\nof this subsection, or\n\nb. the Authority may contract with a collection agency to\n\ncollect unpaid toll evasion penalties, fees, and\n\ncharges.\n\n11. The Authority shall not file a civil judgment with the\n\ndistrict court relating to a toll evasion violation which has been\n\nfiled with Service Oklahoma unless the Authority has determined that\n\nthe registration of the vehicle has not been renewed for sixty (60)\n\ndays beyond the renewal date and the notice has not been mailed by\n\nService Oklahoma pursuant to paragraph 19 of this subsection.\n\n12. If an owner receives a notice of toll evasion violation\n\npursuant to this paragraph for any time period during which the\n\nvehicle was reported to the police department as having been stolen,\n\nit shall be a valid defense to an allegation of liability for a\n\nviolation of toll collection regulations that the vehicle had been\n\nreported to the police as stolen prior to the time the violation\n\noccurred and had not been recovered by such time. If an owner\n\nreceives a notice of toll evasion violation pursuant to this\n\nparagraph for any time period during which the vehicle was stolen,\n\nbut not yet reported to the police as having been stolen, it shall\n\nbe a valid defense to an allegation of liability for a violation of\n\ntoll collection regulations pursuant to this paragraph that the\n\nvehicle was reported as stolen within two (2) hours after the\n\ndiscovery of the theft by the owner. For purposes of asserting the\n\ndefense provided by this subsection it shall be sufficient that a\n\ncertified copy of the police report of the stolen vehicle be sent by\n\nfirst-class mail to the Authority and the district court having\n\njurisdiction.\n\n13. Subject to the review procedures contained in paragraph 8\n\nof this subsection, an owner of a vehicle to which a notice of toll\n\nevasion violation was issued pursuant to paragraph 7 of this\n\nsubsection shall not be liable for the violation of the toll\n\ncollection regulations provided that the owner sends to the\n\nAuthority the affidavit of nonliability described in paragraph 7 of\n\nthis subsection, within twenty-one (21) days after receiving the\n\noriginal notice of toll evasion violation. Failure to send such\n\ninformation within the time period shall render the owner liable for\n\nthe penalty prescribed by this section.\n\n14. In connection with the preparation and mailing of a notice\n\nof toll evasion violation, the Authority shall ensure adequate and\n\ntimely notice to all video toll collection system and electronic\n\ntoll collection system account holders to inform them when their\n\naccounts are delinquent. An owner who is an account holder under\n\nthe video toll collection system or electronic toll collection\n\nsystem shall not be found liable for a violation of this section\n\nunless the Authority has first sent a notice of delinquency to the\n\naccount holder and the account holder was in fact delinquent at the\n\ntime of the violation.\n\n15. Nothing in this section shall be construed to limit the\n\nliability of an operator of a vehicle for any violation of toll\ncollection system or electronic toll collection\n\nsystem shall not be found liable for a violation of this section\n\nunless the Authority has first sent a notice of delinquency to the\n\naccount holder and the account holder was in fact delinquent at the\n\ntime of the violation.\n\n15. Nothing in this section shall be construed to limit the\n\nliability of an operator of a vehicle for any violation of toll\n\ncollection laws or regulations.\n\n16. Notwithstanding any other provision of law, all\n\nphotographs, microphotographs, videotape or other recorded images\n\nprepared pursuant to this section shall be for the exclusive use of\n\nthe Authority in the discharge of its duties under this section and\n\nshall not be open to the public nor be used in any court in any\n\naction or proceeding pending therein unless the action or proceeding\n\nrelates to:\n\na. the imposition of or indemnification for liability\n\npursuant to this section, or\n\nb. an investigation or prosecution for a criminal\n\nviolation of the laws of the State of Oklahoma. Such\n\nrecords shall be available to a law enforcement\n\nofficer or law enforcement agency for law enforcement\n\npurposes related to an investigation or prosecution of\n\na criminal violation of the laws of the State of\n\nOklahoma pursuant to a duly issued search warrant,\n\nsubpoena, or order of the court requiring such\n\ndisclosure to a law enforcement officer or agency.\n\n17. The Authority shall not sell, distribute or make available\n\nin any way, the names and addresses of video toll collection system\n\nand electronic toll collection system account holders or Authority\n\npatrons, without the consent of the account holders or patrons, to\n\nany entity that will use the information for any commercial purpose.\n\n18. a. Except as provided in subparagraph c of this\n\nparagraph, Service Oklahoma shall refuse to renew the\n\nregistration of any vehicle if the registered owner or\n\nlessee has been mailed by certified mail a notice of\n\ntoll evasion violation as provided in subparagraph c\n\nof paragraph 7 of this subsection, the Authority has\n\ntransmitted to Service Oklahoma an itemization of\n\nunpaid toll evasion penalties, including\n\nadministrative fees, pursuant to paragraph 10 of this\n\nsubsection, and the toll evasion penalty and\n\nadministrative fee have not been paid pursuant to\n\nparagraph 9 of this subsection, unless the full amount\n\nof all outstanding toll evasion penalties and\n\nadministrative fees, as shown by records of Service\n\nOklahoma are paid to Service Oklahoma at the time of\n\napplication for renewal.\n\nb. The Authority shall issue a notice of disposition of\n\ntoll evasion violation to a lessor, if the lessor\n\nprovides the Authority with the name, address, and\n\ndriver license number of the lessee at the time of the\n\noccurrence of the toll evasion violation.\n\nc. Service Oklahoma shall renew the registration of any\n\nvehicle if the applicant provides Service Oklahoma\n\nwith the notice of disposition of toll evasion\n\nviolation issued pursuant to subparagraph b of this\n\nparagraph for clearing all outstanding toll evasion\n\npenalties, fees and assessments, as shown by the\n\nrecords of Service Oklahoma, and the applicant has met\n\nall other requirements for registration.\n\n19. Service Oklahoma shall include on each vehicle registration\n\nrenewal notice issued for use at the time of renewal, or on an\n\naccompanying document, an itemization of unpaid toll evasion\n\npenalties, fees and assessments, showing the amount thereof and the\n\ndate of toll evasion relating thereto, which the registered owner or\n\nlessee is required to pay pursuant to paragraph 18 of this\n\nsubsection.\n\n20. a. Except as provided in subparagraph b of this\n\nparagraph, Service Oklahoma shall remit all toll\n\nevasion penalties, fees and assessments collected,\n\nafter deducting the administrative fee authorized by\n\nparagraph 21 of this subsection, for each notice of\nd owner or\n\nlessee is required to pay pursuant to paragraph 18 of this\n\nsubsection.\n\n20. a. Except as provided in subparagraph b of this\n\nparagraph, Service Oklahoma shall remit all toll\n\nevasion penalties, fees and assessments collected,\n\nafter deducting the administrative fee authorized by\n\nparagraph 21 of this subsection, for each notice of\n\ntoll evasion violation for which toll evasion\n\npenalties, fees and assessments have been collected\n\npursuant to paragraph 18 of this subsection, to the\n\nAuthority. Within forty-five (45) days from the time\n\npenalties, fees and assessments are paid to Service\n\nOklahoma, Service Oklahoma shall inform the Authority\n\nwhich of its notices of toll evasion violation have\n\nbeen collected.\n\nb. For each notice of toll evasion violation for which\n\ntoll evasion penalties, fees and assessments have been\n\ncollected by Service Oklahoma pursuant to paragraph 17\n\nof this subsection, the Authority is due an amount\n\nequal to the sum of the unpaid toll, administrative\n\nfees, other costs incurred by the Authority that are\n\nrelated to toll evasion, process service fees, and\n\nfees and collection costs related to civil debt\n\ncollection. After deducting Service Oklahoma's\n\nadministrative fee authorized by paragraph 21 of this\n\nsubsection, Service Oklahoma shall promptly pay to the\n\nAuthority the amounts due the Authority for unpaid\n\ntolls, administrative fees, other costs incurred by\n\nthe Authority that are related to toll evasion,\n\nprocess service fees, and fees and collection costs\n\nrelated to civil debt collection.\n\n21. Service Oklahoma shall assess a fee for the recording of\n\nthe notice of toll evasion violation, which is given to Service\n\nOklahoma pursuant to paragraph 10 of this subsection, in an amount,\n\nas determined by Service Oklahoma, that is sufficient to provide a\n\ntotal amount equal to at least its actual costs of administering\n\nparagraphs 18, 19 and 22 of this subsection.\n\n22. Whenever a vehicle is transferred or not renewed for two\n\nrenewal periods and the former registered owner or lessee of the\n\nvehicle owes a toll evasion penalty and administrative fees for a\n\nnotice of toll evasion violation filed with Service Oklahoma\n\npursuant to paragraph 10 of this subsection, Service Oklahoma shall\n\nnotify the Authority of that fact and is not required thereafter to\n\nattempt collection of the toll evasion penalty and administrative\n\nfees.\n\nThis legislation shall not be construed to affect in any way the\n\npower which the Oklahoma Turnpike Authority possesses to establish\n\ntolls and other charges in connection with their turnpike\n\nfacilities, including the authority to establish a one-way toll\n\ncollection system for any of its facilities or a toll discount\n\nstructure for certain classes of patrons using any of its\n\nfacilities.","path":["OK Code","Title 47"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os47.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"8802a6bb4565e7b100263e08ebca462bb943f8772804d99369cbf9bb14b9230f","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-47-47-11-1401.1","next":"us-ok/okla.-stat.-tit.-47-47-11-1402"},"notice":"GroundRules: Original legal text. Not legal advice."}