Is Failure to Pay a Toll a Crime?

Published for NC Criminal Law on May 21, 2014.

Growing up in North Carolina, the only time I saw toll roads was when my family took a road trip out of state.  But now that I’m a middle-aged soccer mom, toll roads are an essential part of my weekend travel from soccer fields in one end of Wake County to another.  (I know that the state is required to maintain alternate, comparable, non-toll routes, see G.S. 136-89.197, but I can’t make it from Knightdale to west Cary in 30 minutes without travelling on a toll road.) The Triangle Expressway, the state’s first and only toll road, has an open road tolling system. This means that drivers traveling on the road are warned that a toll will be assessed, but are not stopped on the highway—or provided a place to stop—to make a cash payment. Instead, motor vehicles entering the expressway travel underneath a camera system that records an electronic image of the vehicle’s license plate.  And don’t get any bright ideas. Willfully covering any part of a registration plate to interfere with a toll collection system is an infraction punishable by a fine of up to $100. G.S. 20-63(g). If the vehicle is not equipped with an electronic toll collection transponder linked to an account with sufficient funds to pay the toll, a bill for the toll is then mailed to the registered owner. G.S. 136-89.214.  The bill must be mailed within 90 days of the travel.  The bill states the date and time of the travel, the toll road [...]