Andrew Bardin Williams considers the effect of the ‘Name and Shame’ strategy adopted in Texas to encourage serial toll violators to pay up. It’s a tough time to be a scofflaw in the Lone Star State. Habitual toll violators - some with tens of thousands of unpaid tolls and fees - are being publically shamed into squaring their accounts with US toll agencies. In November 2013 the Texas Department of Transportation (TxDOT) starting publishing a list of the state’s most egregious toll violators on its website.
Andrew Bardin Williams considers the effect of the ‘Name and Shame’ strategy adopted in Texas to encourage serial toll violators to pay up.
It’s a tough time to be a scofflaw in the Lone Star State.
Habitual toll violators - some with tens of thousands of unpaid tolls and fees - are being publically shamed into squaring their accounts with US toll agencies. In November 2013 the375 Texas Department of Transportation (TxDOT) starting publishing a list of the state’s most egregious toll violators on its website. The state credits the move with helping it recoup hundreds of thousands of dollars in unpaid fees in the year since passage, with another $1 million expected from signed payment plans.
“Everyone using our state’s toll roads is responsible for paying to use them,” Texas Senator Kirk Watson (D - Austin) said in a TxDOT press release announcing the passage of the bill. “Chronic violators are ultimately taking from the majority of motorists who do things right and pay their tolls.”
Previously, toll agencies cross-referenced license plate information with vehicle registration information held by the6524 Texas Department of Motor Vehicles (TxDMV) and if the motorist didn’t pay up after several demands and reminders, the contact information was sent to a collection agency. However, habitual toll violators were still slipping through the cracks, routinely ignoring invoices and disregarding summons to appear at court.
Recognising the need to go on the offensive, TxDOT worked with Senator Watson to draft State Bill 1792 that allows the department to adopt a multipronged strategy to leverage both collection agencies and the habitual violator list to recoup unpaid fees. Violators are contacted in advance, and if they do not respond within a reasonable amount of time, their name, city, number of unpaid transactions and total amount of fees owed is published on the TxDOT and TxTag websites.
The legislation also gives TxDOT the authority to ban vehicles from toll roads and block registration renewal. Law enforcement is then authorised to stop vehicles in violation of the ban, ticket the drivers for trespassing and impound their vehicle.
Since passage of the bill, TxDOT has recouped almost $341,000 in unpaid toll fees out of the $27 million that it calculates remains outstanding. A further $1.024 million is expected to be collected from signed payment plans. According to TxDOT, the bill’s impact on deterrence will not be known until further analysis is conducted. However, what is clear is that toll violations as a percentage of total transactions has risen from 7% to 9% since the bill’s inception (see chart).
“We see toll collection practices in Texas as deplorable on just about every level,” said Terri Hall, founder and director of the organisation.
According to Hall, TURF’s main issue is that ‘habitual’ can be interpreted differently by drivers, law enforcement, TXDOT and various toll agencies while unintentional violations could lead to a lawful motorists being falsely listed. Drivers who forget to notify the toll authority of a new debit or credit card could unintentionally be racking up toll violations and easily reach 100 violations in a 30-day period or a single billing cycle, argues Hall. She also says the signage can be confusing and cites confusion about which toll agency is owed money as another reason for unintentional violations can end up being publically shamed before adding that “outrageous transaction fees [are] tacked onto a tiny toll bill.”
Looking at the list on txdot.gov, however, it seem unlikely that accidental violators would accumulate enough unpaid tolls to get on the list and the last person on the 25-person list owes $77,459 whereas the state’s most egregious violator owes $236,026 while the last person. However, the possibility of besmirching an innocent person’s reputation without due process remains.
But if not public shaming? What works?
“The best way to catch violators is to identify them when they traverse the tollways and then let law enforcement know they are in the area,” Raines said. “It would also seem like a good deterrent.”
81 Kapsch Telematic Services offers a comprehensive multipronged approach to prevent systematic toll evasion, using stationary and mobile enforcement strategies. If the DSRC unit is missing or the account is identified as a habitual violator, photographic evidence is taken and details passed to specially-equipped enforcement vehicles that patrol the tollway. These vehicles can also patrol parking lots at rest areas and fuelling stations.
If the violator is confirmed, the license plate information and a vehicle description is sent to law enforcement.
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“Any agency considering enhanced collection tools should carefully weigh all issues involved and explore all options available,” said TxDOT spokesperson Mark Cross. “[Agencies need to] be very careful when engaging in this level of collection and be prepared for unknown factors coming into play once it is adopted.”
That is solid advice considering the concerns of taxpayers. Though what may be considered appropriate in Texas may not fly in the rest of the country, let alone the rest of the world. But equally, it could be the case that what Texas does today, the rest of the world does tomorrow – time will tell.
It’s a tough time to be a scofflaw in the Lone Star State.
Habitual toll violators - some with tens of thousands of unpaid tolls and fees - are being publically shamed into squaring their accounts with US toll agencies. In November 2013 the
“Everyone using our state’s toll roads is responsible for paying to use them,” Texas Senator Kirk Watson (D - Austin) said in a TxDOT press release announcing the passage of the bill. “Chronic violators are ultimately taking from the majority of motorists who do things right and pay their tolls.”
Previously, toll agencies cross-referenced license plate information with vehicle registration information held by the
Recognising the need to go on the offensive, TxDOT worked with Senator Watson to draft State Bill 1792 that allows the department to adopt a multipronged strategy to leverage both collection agencies and the habitual violator list to recoup unpaid fees. Violators are contacted in advance, and if they do not respond within a reasonable amount of time, their name, city, number of unpaid transactions and total amount of fees owed is published on the TxDOT and TxTag websites.
The legislation also gives TxDOT the authority to ban vehicles from toll roads and block registration renewal. Law enforcement is then authorised to stop vehicles in violation of the ban, ticket the drivers for trespassing and impound their vehicle.
Since passage of the bill, TxDOT has recouped almost $341,000 in unpaid toll fees out of the $27 million that it calculates remains outstanding. A further $1.024 million is expected to be collected from signed payment plans. According to TxDOT, the bill’s impact on deterrence will not be known until further analysis is conducted. However, what is clear is that toll violations as a percentage of total transactions has risen from 7% to 9% since the bill’s inception (see chart).
Privacy Concerns
SB 1792—dubbed the ‘Scofflaw Legislation’—is not without its detractors. The group Texans Uniting for Reform and Freedom (TURF) has blasted the bill since its passage in 2013, citing privacy and bureaucratic confusion for drivers as reasons why it says the legislation is unfair.“We see toll collection practices in Texas as deplorable on just about every level,” said Terri Hall, founder and director of the organisation.
According to Hall, TURF’s main issue is that ‘habitual’ can be interpreted differently by drivers, law enforcement, TXDOT and various toll agencies while unintentional violations could lead to a lawful motorists being falsely listed. Drivers who forget to notify the toll authority of a new debit or credit card could unintentionally be racking up toll violations and easily reach 100 violations in a 30-day period or a single billing cycle, argues Hall. She also says the signage can be confusing and cites confusion about which toll agency is owed money as another reason for unintentional violations can end up being publically shamed before adding that “outrageous transaction fees [are] tacked onto a tiny toll bill.”
Looking at the list on txdot.gov, however, it seem unlikely that accidental violators would accumulate enough unpaid tolls to get on the list and the last person on the 25-person list owes $77,459 whereas the state’s most egregious violator owes $236,026 while the last person. However, the possibility of besmirching an innocent person’s reputation without due process remains.
But if not public shaming? What works?
ITS Technologies to the Rescue
According to David Raines, a toll technology senior specialist for RS&H, many toll agencies around the country use ITS solutions including license plate recognition to track down habitual toll violators. As the violator passes through a toll gantry, a notice with license plate information, a photo of the vehicle and a description is sent to law enforcement personnel in the area. If caught, the motorists are cited - and in some states such as Texas, vehicles can be impounded on the spot.“The best way to catch violators is to identify them when they traverse the tollways and then let law enforcement know they are in the area,” Raines said. “It would also seem like a good deterrent.”
If the violator is confirmed, the license plate information and a vehicle description is sent to law enforcement.
Texas Justice
So is publishing the names of habitual toll violators a reliable and safe method to collect unpaid toll fees and does it deter potential violations? In Texas, the jury is still out. Millions of dollars of unpaid toll fees are in the process of being recouped by the state (and being used to reduce debt and pay bond holders) but deterrence has been difficult to prove. Regardless, issues remain.“Any agency considering enhanced collection tools should carefully weigh all issues involved and explore all options available,” said TxDOT spokesperson Mark Cross. “[Agencies need to] be very careful when engaging in this level of collection and be prepared for unknown factors coming into play once it is adopted.”
That is solid advice considering the concerns of taxpayers. Though what may be considered appropriate in Texas may not fly in the rest of the country, let alone the rest of the world. But equally, it could be the case that what Texas does today, the rest of the world does tomorrow – time will tell.
| Year | Total Transactions | Total Violations | % of Total Transactions |
| Sep ’12 - Feb ‘13 | 49,597,764 | 3,476,598 | 7% |
| Sep ’13 - Feb ‘14 | 50,653,995 | 4,581,106 | 9% |
