Current through all regulations passed and filed through September 16, 2024
(A)
Every owner, lessee or operator of a motor vehicle
shall obtain either a toll ticket upon entering the turnpike or shall have in
their possession at the time of entry a valid and properly mounted electronic
tolling transponder recognized by the E-ZPass group of tolling authorities.
Upon exiting the turnpike, every operator using traveling on the turnpike shall
pay the toll prescribed, as determined and set by the commission, through by
either cash, remittance credit card, an electronic tolling transponder, or
electronic means, any additional method of payment approved by the commission
except when such use of the turnpike shall have been exempted from such payment
by the commission. The toll prescribed shall be based upon the vehicle class
assigned by the toll collection system and the distance traveled on the turn
pike such other factors as determined by the commission for the operation and
maintenance of the turnpike. The commission may issue one or more invoices to
collect unpaid tolls from the registered owner, lessee or operator of a vehicle
with unpaid tolls including late fees as identified in the published toll
schedule.
(B)
Contesting liability for tolls, fees, fines, or other
administrative charges.
(1)
The registered owner may submit a notice to contest
liability for tolls, fees, fines, or other administrative charges upon receipt
of the first or second invoice. If the commission issues a second invoice to
the registered owner as provided in division (A)(16)(b) of section
5537.04 of the Revised Code, the
registered owner must submit the notice to contest liability within sixty days
after the invoice date of the second invoice.
(2)
On receipt of a
timely notice to contest liability, the commission shall schedule a hearing at
which the registered owner may contest liability. The commission shall send
reasonable notice in advance to the registered owner of the time, date, and
location of the hearing.
(3)
A hearing officer of the commission shall preside over
the hearing. The hearing officer shall conduct the hearing at the location of
the commission's principal office. The registered owner may present evidence at
the hearing as to the reasons why the registered owner is not liable for
payment of the toll, fee, fine or other administrative charge. At the hearing,
the hearing officer shall determine if the registered owner is liable for the
payment of any toll, fee, fine or other administrative charge.
(4)
Upon a finding by
the hearing officer that the registered owner is not liable, the hearing
officer shall enter that finding into the records of the commission and direct
the cancellation of the contested toll, fee, fine or other administrative
charge.
(5)
If the vehicle is registered in Ohio and the hearing
officer finds that the registered owner is liable, the hearing officer shall
enter that finding into the records of the commission. If payment in full of
all unpaid tolls, fees, fines and other administrative charges is not made
within thirty days after the date of the hearing officer's decision, the
commission may notify the Ohio registrar of motor vehicles of the hearing
officer's decision that the registered owner is liable for payment of the
tolls, fees, fines and other administrative charges. The commission also may
include with the notification to the registrar a motor vehicle certificate of
registration issuance prevention order. The commission shall give the
registered owner a copy of the order. The order shall remain in effect until
the commission notifies the registrar that all unpaid tolls, fees, fines and
other administrative charges have been paid in full or that any remaining
balance for tolls, fees, fines and other administrative charges has been
dismissed.
(6)
If the vehicle is registered in a state other than Ohio
and the hearing officer finds that the registered owner is liable for payment
of the toll, fee, fine or other administrative charge, the commission may send
notice of the hearing officer's decision to the department, division, bureau,
office, or other unit of government that is functionally equivalent to the
state of Ohio bureau of motor vehicles. The commission may include with the
notice the registration issuance prevention order, which shall have the same
effect in another state or jurisdiction as in the state of Ohio. The commission
shall give the registered owner a copy of the order. Upon full payment of all
unpaid tolls, fees, fines and other administrative charges, the commission
shall notify unit of government that is functionally equivalent to the state of
Ohio bureau of motor vehicles.
(7)
If, upon being
held liable, the registered owner does not pay all unpaid tolls, fees, fines
and other administrative charges within thirty days after the date of the
hearing officer's decision, and the registered owner does not file an appeal as
described in paragraph (C) of this rule within that same thirty-day time
period, the commission may file a civil suit against the registered owner in a
court of competent jurisdiction as provided in section
5537.04 of the Revised
Code.
(C)
Appealing hearing findings.
(1)
The registered
owner may appeal a finding of liability by the hearing officer to the Cuyahoga
county court of common pleas as provided in division (A)(5) of section
5537.041 and Chapter 2506 of the
Revised Code within thirty days after the date of the hearing officer's
decision that the registered owner is liable for payment of such tolls, fees,
fines or other administrative charges. If the registered owner fails to timely
file an appeal, the registered owner is considered to have waived the
registered owner's right to appeal the decision of the hearing
officer.
(2)
If the court affirms the decision of the commission and
payment in full is not made to the commission within thirty days of the final
order on appeal, the commission shall inform the registrar of the ruling and
the failure by the registered owner to make payment in full to initiate a motor
vehicle certificate of registration issuance prevention order. The commission
shall give the registered owner a copy of the order. The order shall remain in
effect until the commission notifies the registrar that all unpaid tolls, fees,
fines and other administrative charges have been paid in full or that any
remaining balance for tolls, fees, fines and other administrative charges has
been dismissed. The commission also may file a civil suit against the
registered owner in a court of competent jurisdiction as provided in section
5537.04 of the Revised
Code.
