Sec. 11.07.07.08. Collection, Suspension, and Waiver

A. Notice of Referral to the MVA for Refusal.

(1) The Authority may send to the registered vehicle owner in Maryland or any state with which the Authority has entered into a reciprocal agreement in accordance with Transportation Article, §21-1415, Annotated Code of Maryland, a past due notice indicating that failure to pay will result in refusal of the vehicle registration for any vehicle incurring at least one unpaid final toll violation, under the provisions of Transportation Article, §27-110, Annotated Code of Maryland.

(a) If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the past due notice, the Authority shall notify the MVA to refuse to renew or transfer the vehicle registration in accordance with COMAR 11.15.28.03.

(b) The Authority shall notify the MVA:

(i) Within 3 business days, to permit the renewal or transfer of the vehicle registration when no outstanding video tolls or civil penalties exist for any final toll violations, including those that may have occurred after the referral to MVA, when the Authority receives payment directly or is notified by CCU of payment; or

(ii) Within 3 business days, to permit the renewal or transfer of the vehicle registration if amounts have been referred to CCU, and the registered owner of the vehicle enters into a confessed judgment with the CCU to pay the amount due to the Authority and the Authority is notified by CCU of the confessed judgment.

(c) If the registered owner of the vehicle defaults on the confessed judgment entered into with the CCU as provided in §A(1)(b)(ii) of this regulation, the Authority shall notify the MVA to refuse to renew or transfer the vehicle registration in accordance with COMAR 11.15.28.03.

(2) A past due notice shall:

(a) Advise the registered owner of the total amount due to the Authority for each unpaid final toll violation upon which the referral is based;

(b) Inform the recipient that failure to pay will result in referral to the MVA for refusal of the vehicle registration;

(c) Identify to whom payment shall be made for the various unpaid final toll violations that are included in the referral in the case where portions of the amount due have already been referred to the CCU for collection in accordance with §C of this regulation;

(d) Advise the registered owner that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date may avoid referral and that failure to pay will result in referral to the MVA for refusal of the vehicle registration; and

(e) Advise the registered owner of additional fees that may be imposed by the MVA.

(3) Additional unpaid final toll violations that accrue after the final toll violation that lead to referral to MVA shall be added to the total amount due and are to be paid in accordance with §A(1)(a) of this regulation.

B. Notice of Referral to the MVA for Suspension.

(1) The Authority may send to the registered owner in Maryland or any state with which the Authority has entered into reciprocal agreement in accordance with Transportation Article, §21-1415, Annotated Code of Maryland, a past due notice for any vehicle incurring at least $1,000 in unpaid final toll violations, under the provisions of Transportation Article, §27-110, Annotated Code of Maryland, indicating that failure to pay will result in referral to the MVA for suspension of the vehicle registration.

(a) The threshold dollar amount of $1,000 for issuing a past due notice for referral to the MVA for suspension of the vehicle registration may include previous amounts due to the Authority that were referred to the CCU for collections in accordance with §C of this regulation.

(b) If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the past due notice, the Authority shall notify the MVA to suspend the vehicle registration in accordance with COMAR 11.15.28.04.

(c) The Authority shall notify the MVA:

(i) Within 3 business days, to lift suspension of the vehicle registration when no outstanding video tolls or civil penalties exist for any final video toll violations, including those that may have occurred after the referral to MVA, when the Authority receives payment directly or is notified by CCU of payment; or

(ii) Within 3 business days, to lift suspension of the vehicle registration if amounts have been referred to CCU, and the registered owner of the vehicle enters into a confessed judgment with CCU to pay the amount due to the Authority and the Authority is notified by CCU of the confessed judgment.

(d) If the registered owner of the vehicle defaults on the confessed judgment entered into with CCU as provided in §B(1)(c)(ii) of this regulation, the Authority shall notify MVA to suspend the vehicle registration in accordance with COMAR 11.15.28.04.

(2) A past due notice shall:

(a) Advise the registered owner of the total amount due to the Authority for each unpaid final toll violation upon which the referral is based;

(b) Inform the recipient that failure to pay will result in referral to the MVA for suspension of the vehicle registration;

(c) Identify to whom payment shall be made for the various unpaid final toll violations that are included in the referral in the case where portions of the amount due have already been referred to the CCU for collection in accordance with §C of this regulation;

(d) Advise the registered owner that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date shall avoid referral and that failure to pay will result in referral to the MVA for refusal of the vehicle registration; and

(e) Advise the registered owner of the additional fees that may be imposed by the MVA.

(3) Additional unpaid final toll violations that accrue after the referral to MVA shall be added to the total amount due and are to be paid in accordance with §B(1)(b) of this regulation.

C. Final Notice - Referral to the CCU.

(1) The Authority may send to a person that has incurred unpaid final toll violations that total the amount established by the CCU, a final notice of possible referral to the CCU. The CCU shall act as the authorized agent for any civil action instituted for the collection of unpaid Final Toll Violations pursuant to Transportation Article, §21-1414(d)(6)(i), Annotated Code of Maryland.

(a) The amounts referred to the CCU for unpaid final toll violations may be included by the Authority to reach the threshold dollar amount of $1,000 for referral to the MVA of a vehicle registration for suspension in accordance with §B of this regulation.

(b) If payment of all outstanding video tolls or civil penalties is not received by the Authority within 15 days of the mailing date on the final notice to avoid referral to the CCU, the Authority will refer those final toll violations to the CCU.

(2) A final notice of possible referral to the CCU shall advise the person of the total amount due to the Authority for each unpaid final toll violation that is included in the referral.

(3) A final notice of possible referral to the CCU shall advise the person that payment of the outstanding unpaid final toll violations due to the Authority by the payment due date may avoid referral.

(4) A final notice of possible referral to the CCU shall advise the person of the additional fees that may be imposed by the CCU.

D. Waiver of Tolls and Civil Penalties.

(1) Notwithstanding any provision of the electronic toll collection process as set forth in this chapter, until the Authority refers the debt to the CCU, the Authority may waive any portion of the video toll due or civil penalty assessed under Transportation Article, §21-1414, Annotated Code of Maryland.

(2) A person alleged to be liable who receives an NOTD or citation may request a waiver of any portion of the video toll due and the civil penalty.

(3) The person alleged to be liable shall provide documentation to the Authority to support the person’s request for the waiver.

(4) Waivers may be granted based upon, but not limited to, the following:

(a) Notice related issues, including, but not limited to, receipt or processing and handling delays;

(b) Extended absences of the person alleged to be liable, including, but not limited to, hospitalization, incarceration, and long-term out-of-State travel;

(c) License plate issues, including but not limited to, theft, fraud, or lost plates;

(d) Emergency traffic diversion onto a toll collection facility; and

(e) Payment error, including, but not limited to, referencing an incorrect payee, providing an incorrect payment amount, and using an incorrect mailing address for payment to the Authority.

(5) Additional information related to waivers is maintained by the Authority on its website.