2006 Code of Virginia § 46.2-819 - Use of toll facility without payment of toll; circumstances to be considered in assessing penalt...

46.2-819. Use of toll facility without payment of toll; circumstances to beconsidered in assessing penalty.

Except for those permitted free use of toll facilities under 33.1-252, itshall be unlawful for the driver of a motor vehicle to use a toll facilitywithout payment of the specified toll.

However, in considering the case of anyone accused of violating this section,the court shall take into consideration (i) except for lanes equipped forpayment of tolls through an automatic vehicle identification system, whetherthe toll booth or collection facility at which the defendant failed to paythe toll was manned at the time, (ii) whether the defendant was required topay the toll with the exact amount in change, (iii) whether the defendant hadchange to make the payment, and (iv) whether the defendant had been affordedappropriate advance notice, by signs or other means, that he would berequired to pay a toll and pay it with the exact change. No person shall besubject to both prosecution under this section and to the provisions of 46.2-819.1 or 46.2-819.3 for actions arising out of the same transaction oroccurrence.

(1988, c. 79, 46.1-229.4; 1989, c. 727; 1998, c. 802; 2004, c. 924.)

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