North Carolina § 136-89 - 215. Required action upon receiving bill for open road toll and processing fee for unpaid toll.

§ 136-89. 215. Required action upon receiving bill for open road toll and processing fee for unpaid toll.

Action Required. - A person who receives a bill from the Authority for an unpaid open road toll must take one of the following actions within 30 days of the date of the bill: Pay the bill. Send a written request to the Authority for a review of the toll. Fee. - If a person does not take one of the actions required under subsection (a) of this section within the required time, the Authority may add a processing fee to the amount the person owes. The processing fee may not exceed six dollars ($6.00). A person may not be charged more than forty-eight dollars ($48.00) in processing fees in a 12-month period. The Authority must set the processing fee at an amount that does not exceed the costs of collecting the unpaid toll. History (2008-225, s. 2; 2010-133, s. 4; 2013-183, s. 5.6; 2013-360, s. 34.30.) Cross References. - As to annual report on the number of one-time toll facility users charged more than fifty dollars ($50.00) in processing fees imposed under G.S. 136-89.215 and civil penalties assessed under G.S. 136-89.216, see G.S. 136-89.193(b). Editor's Note. - Session Laws 2015-241, s. 29.15, provides: "(a) Study. - The Department of Transportation shall study whether the amount of the processing fee set forth in G.S. 136-89.215 is in excess of the actual cost to collect and process unpaid open road tolls. The following information, set forth separately for each calendar year since the fee's enactment, shall be included within the study: "(1) The amount of the processing fee. "(2) The total amount of proceeds generated by the imposition of the processing fee. "(3) The total amount of costs incurred by the Turnpike Authority to collect and process unpaid open road tolls and a description of how the Department determined the total amount of costs incurred. "(4) An identification of whether the processing fees collected exceeded, equaled, or fell short of the costs incurred by the Turnpike Authority for collecting and processing unpaid open road tolls. "(b) Report. - The Department shall report its findings to the Joint Legislative Transportation Oversight Committee by March 1, 2016." Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Effect of Amendments. - Session Laws 2010-133, s. 4, effective December 1, 2010, in the introductory paragraph in subsection (a), inserted "from the Authority," and substituted "within 30 days of the date of the bill" for "within 30 days after receiving the bill"; and in the first paragraph of subsection (b), substituted "12-month period" for "calendar year." Session Laws 2013-183, s. 5.6, effective July 1, 2013, in the second paragraph of subsection (b), substituted "collecting the unpaid toll" for "identifying the owner of a motor vehicle that is subject to an unpaid toll and billing the owner for the unpaid toll. The fee is a receipt of the Authority and must be applied to these costs."