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Illinois State Toll Highway Authority Fine Enforcement Take Action Packet

Purpose of Take Action Packet

This packet should not be considered legal advice. Instead, this packet serves as general information regarding the toll violation hearings held by the Illinois State Toll Highway Authority.

Background Information On Toll Violation Notices

The Illinois State Toll Highway Authority (ISTHA) sends notice to individuals with a minimum of 20-50 alleged toll violations within the past two years. Effective 1/1/04, ISTHA is scheduled to send notices to individuals with one or more violations. Notice for all violations is given in lump sum to the alleged violator via regular USPS mail.

WHO IS FINED

Under Illinois law the registered owner, as opposed to the driver of the vehicle, is responsible for all fines. Even if the vehicle owner is not the individual who is driving at the time of the alleged violation(s), the driver is considered an agent of the vehicle owner. For example, vehicle owners can be fined for toll violations performed by employees or children who are driving the owner's vehicle.

PAYMENT OF FINES

The ISTHA issues a $20 fine for each violation. For example, an individual that has allegedly violated the toll payments fifty times would receive a fine of $1,000 in addition to the regular charge for each toll. When the ISTHA began fine enforcement, payment plan were not permitted. ISTHA has revised their policy to allow payment plans for all individuals fined prior to July 31, 2003 for those who receive $500 or more in fines and unpaid tolls. For those individuals who have already paid their fines via credit card, there is no recourse available with the ISTHA. Those individuals who paid fines on credit cards and are no longer eligible for the payment plan should consider: (1) writing a letter to the editor, (2) making a public comment to the ISTHA at their monthly board meeting and (3) writing a letter to their state representative. For assistance on the above, consult the Center's general Take Action Packet.

Administrative Hearings

BEFORE THE HEARING:

Before the hearing the vehicle owner has a right to discovery. Discovery is the process in which vehicle owners can examine the evidence that the Toll Authority is using to charge the vehicle owner with toll violation. Discovery is limited in administrative hearings, and the toll violation hearing is no exception. Prior to the hearing the vehicle owner can schedule an appointment to review the videotape evidence at the toll authority office at 2700 Ogden Avenue, Downers Grove, Illinois (1) .

Written discovery is limited to the production of documents and the identification of witnesses that both the Toll Authority and the vehicle owner intend to introduce or call at the hearing . If the vehicle owner is not allowed to view videotape evidence, or is not permitted to view or receive documents, it is imperative that the vehicle owner's mentions this to the hearing officer. It is also imperative that the vehicle owner makes sure the inability to access written or videotape evidence becomes part of the record.

AT THE HEARING:

Upon arrival, the vehicle owner will receive both a description of the violations with which the vehicle owner has been charged and a description of the hearing procedures. The hearing officer, whose role is similar to that of a traffic court judge, is an attorney experienced in administrative or arbitration law that ISTHA has hired to conduct the hearings. After the hearing officer has explained the hearing procedures, a representative from ISTHA will present ISTHA's case against the vehicle owner. First, the ISTHA representative will offer a picture of the vehicle owner's license plate from one of the violations on a computer screen. The representative will then certify that the toll machine was properly functioning on the dates in question, and that if the representative were to testify as to all of the violations, the testimony would be the same. The representative of ISTHA usually finishes its case at this point and the vehicle owner will be asked to present his/her defense.

This is the vehicle owner's one and only opportunity to present his/her case. If the vehicle owner believes that s/he was fined as a result of improperly functioning equipment, it is imperative that the vehicle owner asks for the maintenance records prior to the hearing (2) (see additional tips). If the vehicle owner knows s/he is the driver of the vehicle and always pay their tolls, the vehicle owner can claim as a defense that the equipment was not functioning properly.

The intent to pay tolls is a component of the hearing officer's decision. If the vehicle owner insists to the hearing officer that s/he pays the tolls, the toll authority often has some photographs of the driver and the driver-side window. If the vehicle owner makes this defense, the hearing officer will often ask for these photographs to be shown. If a number of these photographs show that there appears to be an intention to pay, (such as the driver-side window being drawn down) the hearing officer has the discretion and may be more inclined to reduce the fine or dismisses ISTHA's case against the vehicle owner.

I-Pass owners can also introduce evidence of their purchase of I-Pass and updated accounts to show an intention to pay the tolls.* However, if the vehicle and vehicle license plates are not registered with the I-Pass transponder the owner of the vehicle may still be fined.

At the close of the hearing, the hearing officer will fill out a statement on how much the vehicle owner owes, and information regarding fine payment. The previous practice to require payment in full within 14 days of the decision has been amended to allow payment plans to those with fines over $500.

AFTER THE HEARING:

Fined individuals have a right to appeal the decision from the administrative hearing with the DuPage Circuit Court. The Clerk of the DuPage Circuit Court has developed a fill-in-the-blank form to appeal the ISTHA administrative decision. The owner of the vehicle must file the appeal immediately, and the filing fee is $247.00 (7/17/03). While filing the appeal, vehicle owners should consider filing an emergency motion to stay the administrative decision. The motion to stay the administrative hearing is a motion to suspend the fines levied by ISTHA and the hearing officer until after the Judge decides the case. It is important to remember that if the vehicle owner wants to file an appeal with a motion to suspend that the vehicle owner file the appeal and motion to suspend before the 14 day period to pay the fines has passed. If the vehicle owner does not pay the fines or file a motion to suspend within 14 days of the administrative decision the fines go from $20 per violation to $70 per violation. Vehicle owners who wish to appeal their administrative ruling from ISTHA should consider seeking the aid of an attorney.

Additional Tips

• Maintain a respectful demeanor towards the hearing officer and other ISTHA employees.
• Visit the ISTHA website, www.illinoistollway.com , and print out the statements made by ISTHA regarding customer service. In addition, print material regarding the proper procedure for paying at automatic change tollbooths (on the page entitled "Video Surveillance"). Vehicle owners can bring the information from the ISTHA website to the toll violation hearing as evidence that proper procedure was followed.
• Prior to the hearing, vehicle owners can request a subpoena for the maintenance records of the tollbooths cited in the notice for the months surrounding the alleged violations. It is important to be specific. Vehicle owners should request the maintenance records for the specific days and specific tollbooths where ISTHA claims there has been a violation. Additionally, vehicle owners should request an appointment to review all evidence (video, photographs, etc.) that ISTHA may have against the person with alleged violations. It is important to stipulate at the hearing that the vehicle owner would like the request for maintenance records and all evidence to become part of the record. Bring a copy of the request for information to the hearing.
• Bring any other evidence or witnesses who will support the vehicle owner's case to the toll violation hearing. Example of a good witness is a co-worker who car-pools on a regular basis.
• Object to the ISTHA representative' testimony as hearsay. The rules of evidence do not apply in administrative hearings, but it is important to get the objection on the record in case the vehicle owner decides to appeal.
• If maintenance records are not accessible, cite the May 2003, Illinois State Auditor General's Management Audit of the Illinois State Toll Highway Authority if fines are being contested on the basis of automatic toll machine failure. A copy of the Management Audit can be obtained from the State of Illinois Office of the Auditor General, Records Manager, Illes Pard Plaza, 740 E. Ash. Springfield, IL 62703 or call 217-782-6046. Report digests are also available at www.state.il.us/auditor. The Management Audit states on pg. 81:

"The Illinois State Toll Highway Authority contracts with TransCore to provide and service toll collecting equipment. In December 2002 the Tollway reported 1,296 malfunctions with toll collecting equipment. On average TransCore took 3 hours and 16 minutes to fix these malfunctions. These problems include coin jams, gate malfunctions, broken parts, and malfunctioning lights."

"Coin Jams are especially a problem at unattended ramps. When a jam occurs it is identified by the computer system. Since there are no lane walkers at the unattended ramps, TransCore technicians must be notified and dispatched to fix the problem. Since paid tolls are not registered until the jam is fixed, each vehicle is recorded as a violator even if the toll is paid. Because of this, violations are recorded at the default passenger rate (ie, Class 1), and therefore, inaccurately report actual traffic. When coin jams occur, there is no way to accurately monitor toll violators or evaders. In addition revenue may be lost if the toll is not paid because the motorist believe the toll collecting machine is broken."(3)

• Most of the suggestions above are key in building a record for appeal, and should be followed whether the vehicle owner intends to appeal or not. A circuit court judge on appeal cannot review any new evidence. Instead, s/he will rely solely on the record of the administrative hearing.
• Make a public comment at the ISTHA Board Meeting. Make your voice heard. The ISTHA board meetings are open to the public and anyone can make a short 1-2 minute public comment. The only way the ISTHA is aware of how their policies impact consumers is if consumers provide feedback! Board meetings are the last Thursday of each month at 10:30 AM at ISTHA headquarters at 2700 Ogden Avenue, Downers Grove, Illinois.
• Visit the Illinois State Toll Highway Authority website, www.illinoistollway.com and complete a survey.
• Contact your state representatives. The ISTHA derives all of its authority from the Illinois General Assembly. It is the General Assembly that either enhances or limits ISTHA power. Call or write your representative to educate them about how their policies are impacting the citizenry.
• Write letters to the editor. The letters to the editor page is the most widely read section of the paper. Write a 200-300 word letter about your experience. Submit to regional and local papers.
• More ideas are in the Citizen Advocacy Center's general "Take Action Packet"

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(1) Illinois Administrative Code, Title 92: Transportation, Chapter IV: Illinois State Toll Highway Authority, Part 2520.706 Discovery

(2) Illinois Administrative Code, Title 92: Transportation, Chapter IV: Illinois State Toll Highway Authority, Part 2520.706 Discovery

* I-Pass owners should also check the violation notices for instructions about merely paying the toll amount if the I-Pass was properly loaded at the time of the alleged violations. Although I-Pass users will not be fined the $20 for each violation they still must pay the fee for each toll that they were not charged at.