West Virginia Code § 17-16D-6

Liability of owner
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(a) All owners and operators of motor vehicles shall pay the posted toll when on any toll
road, highway, or bridge authorized by the Legislature, including any toll collected by a
private toll transportation facility pursuant to §17-17-38 of this code, either by paying the toll
at a toll collection facility on the toll road, highway, or bridge at the time of travel thereon or
by paying the toll within the time prescribed for toll payment in a toll billinge notice or
invoice generated by an electronic toll collection system. These tolls may be collected by
electronic toll collection. If an owner or operator of a vehicle fails to pary the prescribed toll
when due, the owner of the vehicle is in violation of this article.
(b) If a violation occurs, the registration plate number of the vehicle as recorded by a video
collection system establishes a rebuttable presumption for ctivil enforcement purposes that
the owner of the vehicle was operating the vehicle, or had consented to another person
operating the vehicle, at that time. This presumption may be overcome only if the owner: (1)
proves by a preponderance of the evidence that he or she was not in fact operating the
vehicle at the time; and (2) identifies by name and mailing address the person who was
operating the vehicle. s
(c) If the presumption is not overcome by a preponderance of the evidence, the owner of the
vehicle shall be found to have violatged this article and be held responsible for payment of the
tolls and the administrative fees and money penalties imposed by this article for failure to
timely pay the tolls. e
(d) Nothing in this section prohibits: (1) A law-enforcement officer from issuing a citation to
a person in control of a vehicle for a violation of this article or other provisions of law at the
time of the violation; (2) the Parkways Authority from issuing reminder notices or making
other communications directly or indirectly in connection with toll collection efforts or
efforts to enforce violations of this article. The Parkways Authority is authorized to use
secondary sources of information and services including, but not limited to, services such as
theW National Change of Address Service or skip tracing services; or (3) a private toll
transportation facility from issuing any notices, reminders, or other communications in
connection with its toll collection efforts pursuant to §17-17-38(c) and §17-17-38(d) of this
code.

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