Section 238.367

Title XIV ROADS AND WATERWAYS

Chapter 238

Effective - 28 Aug 1997   

  238.367.  Procedures to collect tolls and issue traffic citation for toll violation, report of violation. — The following procedures must be taken for the collection of tolls and issuance of traffic citations under the toll collection regulations:

  (1)  Any toll booth operator witnessing a violation of the toll collection regulations is authorized to report such violation to a law enforcement official or agency.  The report may be in one of the following forms:

  (a)  A telephone call from a toll enforcement officer to a law enforcement agency indicating a violation, and a reasonable description of the vehicle violating the toll enforcement regulations including, but not limited to, the license plate of the vehicle, the make, model and color of the vehicle;

  (b)  A certificate, or written report sworn to or affirmed by a toll enforcement officer, agent of the corporation, state patrolman or sheriff's department deputy which charged that the violation occurred, or facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a photo monitoring system or a photo from a photo monitoring system, shall be prima facie evidence of the facts contained therein, subject to foundation evidence to establish the authenticity of such photographs, microphotographs, videotape or other recorded images produced by a photo monitoring system, and shall be admissible in any proceeding charging a violation of toll collection regulations, provided that any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection and admission into evidence in any proceeding to adjudicate the liability for such violations;

  (2)  After a report has been given to a Missouri law enforcement agency, such agency is authorized to issue a traffic citation for failure to pay the required toll;

  (3)  The law enforcement agency issuing the traffic citation is responsible for prosecution of such citation; and

  (4)  The provisions of this section supplement the enforcement of sections 238.300 to 238.367 by law enforcement officers, and this section does not prohibit a law enforcement officer from issuing a citation for a violation of sections 238.300 to 238.367 or any violation of traffic regulations in accordance with normal traffic enforcement procedures.

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(L. 1997 S.B. 67)