(a) The authority, department, private toll entity, or an agent or representative thereof may collect a toll fee by utilizing a system of collection that is capable of charging an account holder the required toll fee by transmission of information from an electronic toll collection device on a motor vehicle. In addition, for any motor vehicle that does not use an electronic toll collection device, the authority, department, private toll entity, or an agent or representative thereof may utilize a photo-monitoring or other electronic system for toll fee collection.
(b) Any person or entity desiring to pay tolls electronically shall apply to the authority, department, private toll entity, or an agent or representative thereof to become an account holder. The authority, department, private toll entity, or an agent or representative thereof, in its discretion, may deny the application of a person or entity. The denial and reason therefor shall be sent to the applicant by first-class mail or electronic transmission.
(c) A person or entity whose application is accepted shall execute an account holder's agreement. The terms of the account holder’s agreement shall be established by the authority, department, private toll entity, or an agent or representative thereof.
(d) If a motor vehicle passes through a toll collection point and the toll fee is not paid through an electronic toll collection device or otherwise, the authority, department, private toll entity, or an agent or representative thereof shall first use the photo-monitoring or other electronic system for the toll road, bridge, causeway, or tunnel to determine if the registered owner of the motor vehicle has established an account for the payment of the toll. If an account has been established, the authority, department, private toll entity, or an agent or representative thereof shall charge the account holder the required toll fee. If an established account cannot be located, or if an established account cannot be charged the required toll, the authority, department, private toll entity, or an agent or representative thereof may attempt to collect the toll as provided in Section 23-2-169.
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