Current through Bulletin 2024-06, March 15, 2024
(1) The Department shall approve user
agreements used by account managers to enroll RUC participants before account
managers may use the agreements.
(2) The user agreement shall clearly explain
location tracking, data retention, and privacy protection components of the
program. The user agreement shall also require explicit consent by the
participant to accept any terms related to tracking and retention.
(3) The user agreement shall include the
following components:
(a) mileage reporting
mechanism to be used for the vehicle being enrolled and commitment from the RUC
participant to keep the mechanism operable at all times so that no
interruptions in data collection and transmission occur;
(b) electronic payment mechanism chosen by
the RUC participant, consent to have a bank account or credit card debited when
the wallet balance drops below a defined minimum threshold, and commitment to
keep payment information current while enrolled in the program;
(c) refund procedures for when a positive
wallet balance exists when a RUC participant exits the program;
(d) requirements, if any, for return of
mileage reporting devices to the account manager after a RUC participant is no
longer enrolled;
(e) length of time
that raw location data shall be retained by the account manager;
(f) information about how data may be
aggregated, anonymized, or shared;
(g) process for RUC participants to view
their collected data and lodge a dispute if they believe charges have accrued
to their accounts erroneously;
(h)
processes and consequences of withdrawal from the program both before and after
full completion of the current annual registration cycle applicable to the
enrolled vehicle, as detailed in Section
R926-17-3;
and
(4) The user
agreement shall explain penalties associated with violation of its
terms.
(5) Failure to comply with
terms such as payment of RUC fees, return of devices, payment for lost devices,
or intentional tampering with mileage reporting mechanisms may result in the
following enforcement actions:
(a) an initial
warning about the violation and steps for becoming compliant;
(b) a penalty fee, which shall be agreed to
by the RUC participant and account manager and stated in the user agreement,
shall be assessed to the RUC participant's electronic wallet if a warning does
not result in compliance;
(c)
billing of the RUC participant's electronic wallet for outstanding fees owed
and removal from the program if compliance is still not achieved after penalty
assessment; or
(d) notification by
the account manager to the DMV that a former RUC participant has unpaid fees
owed to the account manager, and subsequent placement of a registration hold by
the DMV on the formerly enrolled vehicle if the RUC participant's electronic
payment information is invalid or does not have enough balance to successfully
pay the total fees owed. Former RUC participants with registration holds
assessed shall successfully settle their RUC account with the account manager
before having the hold released by the DMV and being able to register the
vehicle again.
