(a) The authority, department, or private toll entity, or its agent or representative, may collect a toll by utilizing a system of collection that is capable of charging an account holder the required toll by transmission of information from an electronic toll collection device on a vehicle. In addition, for any vehicle that does not use an electronic toll collection device, the authority, department, or private toll entity, or its agent or representative, may utilize a photo-monitoring or other electronic system for toll collection. (b) Any person or entity desiring to pay tolls electronically shall apply to the authority, department, or private toll entity, or its agent or representative, to become an account holder. The authority, department, or private toll entity, or its agent or representative, may deny the application of a person or entity. The denial and reason for the denial shall be sent to the applicant by first-class mail or electronic transmission. (c) A person or entity whose application is accepted shall execute an account holder’s agreement. The terms of the account holder’s agreement shall be established by the authority, department, or private toll entity, or its agent or representative. (d) If a motor vehicle passes through a toll collection point and the toll is not paid through an electronic toll collection device or otherwise, the authority, department, or private toll entity, or its agent or representative, shall first use the photo-monitoring or other electronic system for the toll road, bridge, causeway, or tunnel to determine if the registered owner of the motor vehicle has established an account for the payment of the toll. If an account has been established, the authority, department, or private toll entity, or its agent or representative, shall charge the account holder the required toll. If an established account cannot be located, or if an established account cannot be charged the required toll, the authority, department, or private toll entity, or its agent or representative, may attempt to collect the toll as a toll violation as provided in Section 23-2-169.
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