Does a Virginia Commonwealth's Attorney have to collect unpaid toll judgments owed to a private toll facility operator?

Plain-English summary

The Portsmouth Commonwealth's Attorney asked whether § 19.2-349 or the Master Guidelines Governing Collection required her to collect unpaid toll judgments awarded to a private toll facility operator under § 46.2-819.3:1.

The AG answered no. He referred to an earlier opinion reaching the same conclusion for judgments consisting of civil penalties, unpaid tolls, administrative fees, and court costs. He also said the Master Guidelines do not contradict that earlier opinion. This opinion decides whether these sources require the Commonwealth's Attorney to collect; it does not address who may represent the operator or what collection remedies the operator may use.

Currency note

This opinion was issued in 2019. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

Section 46.2-819.3:1 authorizes civil penalties, unpaid tolls, administrative fees, and court costs against vehicle owners or operators who fail to pay a toll after statutory notice and collection attempts. The AG cited an earlier opinion concluding that § 19.2-349 does not require a Commonwealth's Attorney to collect a resulting judgment for toll violations at a private facility. He found that the Master Guidelines Governing Collection do not change that conclusion.

Common questions

Must the Portsmouth Commonwealth's Attorney collect the operator's unpaid toll judgment? No. The opinion concludes that § 19.2-349 imposes no such duty for a private toll facility judgment under § 46.2-819.3:1.

Do the Master Guidelines create a collection duty?
No. The AG says they do not contravene the earlier opinion finding no duty under § 19.2-349.

Does this opinion explain how the operator can collect?
No. It addresses only the Commonwealth's Attorney's collection duty under § 19.2-349 and the Master Guidelines.

Citations

• Va. Code § 19.2-349 (CA collection duty)
• Va. Code § 46.2-819.3:1 (toll civil-penalty statute)
• 2019 Op. Va. Att'y Gen. No. 18-021 (Heretick)
• Master Guidelines Governing Collection of Unpaid Delinquent Court-Ordered Fines and Costs (July 1, 2017)

Source

• Landing page: https://www.oag.state.va.us/annual-reports-opinions/official-opinions
• Original PDF: https://www.oag.state.va.us/files/Opinions/2019/18-034-Morales-issued.pdf

Original opinion text

COMMONWEALTH of VIRGINIA
Office of the Attorney General
Mark R. Herring
Attorney General

June 28, 2019

The Honorable Stephanie N. Morales
Commonwealth's Attorney, City of Portsmouth
Portsmouth Judicial Center
1345 Court Street, Suite 105
Portsmouth, Virginia 23704

Dear Ms. Morales:
I am responding to your request for an official advisory opinion in accordance with § 2.2-505 of the Code of Virginia.

Issue Presented
You ask whether a Commonwealth's Attorney is required by § 19.2-349 of the Code of Virginia or the Master Guidelines Governing Collection to collect unpaid toll judgments awarded to a private toll facility operator[1] under § 46.2-819.3:1.

Applicable Law and Discussion
Section 46.2-819.3:1 authorizes the imposition of civil penalties, unpaid tolls, administrative fees, and court costs against the owners or operators of vehicles who fail to pay a toll after statutory notice and collection attempts.[2] In a previous Opinion, I concluded that § 19.2-349 does not require a Commonwealth's Attorney to collect a judgment of civil penalties, unpaid tolls, administrative fees, and court costs awarded under § 46.2-819.3:1 for toll violations occurring at a private toll facility.[3] The Master Guidelines Governing Collection do not contravene this previous Opinion.[4]

Conclusion
Accordingly, it is my opinion that § 19.2-349 does not require the Commonwealth's Attorney to collect a judgment of civil penalties, unpaid tolls, administrative fees, and court costs awarded under
§ 46.2-819.3:1 for toll violations occurring at a private toll facility. With kind regards, I am,

Very truly yours,

Mark R. Herring
Attorney General

1. While you do not expressly state that your question concerns a privately-operated toll facility, your request refers to toll operators other than the Department of Transportation, and independent of your correspondence, I am aware that a private toll facility is operated in the City of Portsmouth. See VA. DEP'T OF TRANSPORTATION, TOLL TRANSACTION DATA FEASIBILITY REPORT (2018), at 8 & 10, available at https://rga.lis.virginia.gov/Published/2018/RD264/PDF.

2. VA. CODE ANN. § 46.2-819.3:1 (2017).

3. 2019 Op. Va. Att'y Gen. No. 18-021 to the Honorable Stephen E. Heretick, June 28, 2019, available at https://www.oag.state.va.us/citizen-resources/opinions/official-opinions/30-resource/opinions/1357-2019-official-opinions.

4. See MASTER GUIDELINES GOVERNING COLLECTION OF UNPAID DELINQUENT COURT-ORDERED FINES AND COSTS PURSUANT TO VIRGINIA CODE § 19.2-349 (July 1, 2017), available at https://www.scb.virginia.gov/docs/guidelinesfinesandfees.pdf.