0 chapters · 356 sections in this title.
Ala. Code § 23-2-120 Maintenance of Tolls; Prohibition Against Further Bonded Indebtedness
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Repealed by Act 2009-769, p. 2364, §1, effective May 22, 2009. History: (Acts 1957, No. 450, p. 612, §1.)
Ala. Code § 23-2-121 When Newly Constructed Tunnel or Bridge Deemed Part of Existing
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Facility. Repealed by Act 2009-769, p. 2364, §1, effective May 22, 2009. History: (Acts 1957, No. 450, p. 612, §2.)
Ala. Code § 23-2-122 Toll Facilities to Be Operated as Free Facilities After Payment of
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Outstanding Indebtedness. Repealed by Act 2009-769, p. 2364, §1, effective May 22, 2009. History: (Acts 1957, No. 450, p. 612, §3.)
Ala. Code § 23-2-140 Short Title
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This article shall be known, and may be cited, as the Toll Road, Bridge and Tunnel Authority Act. History: (Acts 1980, No. 80-691, p. 1377, §25.)
Ala. Code § 23-2-141 Intent and Purpose of Article
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The purpose of this article is to facilitate vehicular traffic and safety in the state by providing for the construction of modern toll roads, bridges and tunnels in strategic and essential locations, without taxes and without a pledge of the faith and credit of the state. Histor…
Ala. Code § 23-2-142 Definitions
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As used in this article, the following words and terms shall have the following meanings, respectively, unless the context clearly indicates otherwise: (1) AUTHORITY. The Alabama Toll Road, Bridge, and Tunnel Authority created by this article, or any board, body, or commission su…
Ala. Code § 23-2-143 Authority Established; Composition; Meetings; Fidelity Bonds;
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Compensation. (a) There is hereby established a body corporate and politic with corporate succession, to be known as the “Alabama Toll Road, Bridge and Tunnel Authority.” The authority is hereby constituted an instrumentality exercising public and essential governmental functions…
Ala. Code § 23-2-144 Powers of the Authority
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(a) The authority shall have the following powers: (1) To adopt bylaws for the regulation of its affairs and the conduct of its business. (2) To adopt an official seal and alter the same at pleasure. (3) To maintain a principal office and branch offices at the place or places wit…
Ala. Code § 23-2-145 Advertisement for Construction Bids; Award of Contract; Work Done by
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Force Account; Further Considerations by the Authority. (a) Before construction is started on any project, the authority shall advertise for sealed bids once each week for three consecutive weeks in a newspaper of general circulation in the county in which the project or undertak…
Ala. Code § 23-2-146 Grade Separations at Intersections; Relocation of Public Highways;
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Authority to Enter Private Lands to Drill, Survey, Etc.; Relocation, Etc., of Public Utility Facilities; Procedures; Costs. (a) The authority shall have power to construct grade separations at intersections of any toll road, bridge or tunnel project with public highways and to ch…
Ala. Code § 23-2-147 Bonds; Issuance; Forms; Procedures, Etc
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(a) The authority is hereby authorized to provide by resolution for the issuance of bonds of the authority for any of its corporate purposes, including the refunding of its bonds. The principal of and the interest on any issue of such bonds shall be payable solely from, and be se…
Ala. Code § 23-2-148 Refunding Bonds; Purposes
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The authority may provide by resolution for the issuance of refunding bonds for the purpose of refunding any bonds then outstanding which shall have been issued under the provisions of this article, including the payment of any redemption premium thereon and any interest accrued …
Ala. Code § 23-2-149 Trust Agreements Securing Bond Issues; Authorized Provisions
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Protecting Holders; Pledge of Revenues. In the discretion of the authority, any bonds issued under the provisions of this article may be secured by a trust agreement by and between the authority and a corporate trustee, which may be any trust company, or bank having the powers of…
Ala. Code § 23-2-150 Authority to Collect Tolls, Revenues, Etc.; to Lease to Utilities; Toll Rates
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Adjusted to Conform to Trust Agreement. The authority is hereby authorized to fix, revise, charge, and collect tolls for the use of each toll road, bridge or tunnel project and the different parts or sections thereof, and to contract with, or to lease to or from, any person, part…
Ala. Code § 23-2-151 Revenues Deemed Trust Funds; Depository Deemed Trustee
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All moneys received pursuant to the authority of this article, whether as proceeds from the sale of bonds or as revenues, shall be deemed to be trust funds to be held and applied solely as provided in this article. The resolution authorizing the bonds of any issue or the trust ag…
Ala. Code § 23-2-152 Bondholder’s and Trustee’s Rights of Enforcement; Scope of Rights
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Any holder of bonds issued under the provisions of this article, or of any of the coupons appertaining thereto, and the trustee under any trust agreement, except to the extent that the rights herein given may be restricted by such trust agreement, may, by civil action or proceedi…
Ala. Code § 23-2-153 Exemptions from Levy, Charge, Assessment, Collection, Etc., of Certain
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Taxes; Certificate of Exemption. (a) The exercise of the powers granted by this article shall be in all respects for the benefit of the people of the state, for the increase of their commerce and prosperity, and for the improvement of their health and living conditions. Since the…
Ala. Code § 23-2-154 Bonds Legal Investments for All Purposes; Entitled to Be Deposited with
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State Officers or Agencies. Bonds issued by the authority under the provisions of this article are hereby made securities in which the state and all political subdivisions of this state, their officers, boards, commissioners, departments or other agencies; all banks, bankers, sav…
Ala. Code § 23-2-155 Authority to Maintain Own Toll Roads, Bridges, and Tunnels
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Each toll road, bridge and tunnel project when constructed and opened to traffic shall be maintained and kept in good condition and repair by the authority. History: (Acts 1980, No. 80-691, p. 1377, §15.)
Ala. Code § 23-2-156 Rules and Regulations Governing Use of Toll Roads, Etc.; Violations;
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Penalties; Law Enforcement. (a) The authority is hereby authorized to promulgate reasonable rules and regulations with respect to the use of any toll road, bridge, or tunnel project. The rules and regulations shall relate to vehicular speeds, loads, weights and sizes, safety devi…
Ala. Code § 23-2-157 Lease, Grant, Etc., of County, City, Etc., Property to Authority
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All counties, cities, towns, and other political subdivisions and all public departments, agencies, and commissions of the State of Alabama, notwithstanding any contrary provision of law, are hereby authorized and empowered to lease, lend, grant, or convey to the authority at its…
Ala. Code § 23-2-158 Annual Report to Legislature; Contents; Annual Audit; Expense
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On or before the tenth legislative day of each regular session of the Legislature, the authority shall make a report of its activities for the preceding calendar year to the Legislature. Each report shall set forth a complete operating and financial statement covering its operati…
Ala. Code § 23-2-159 Conflict of Interest; Penalty
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Any member, agent or employee of the authority who is interested, gainfully or pecuniarily, either directly or indirectly, in any contract of the authority, or in the sale of any property, either real or personal, to or by the authority shall be guilty of a misdemeanor, and upon …
Ala. Code § 23-2-160 Transfer of Projects to State Highway System
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When (1) all bonds issued under the provisions of this article and all other debt made or issued to finance any project or projects and the interest thereon and all other obligations related thereto shall have been paid, or a sufficient amount for the payment of all the bonds and…
Ala. Code § 23-2-161 Study of Proposed Projects; Reimbursement of Funds; Indebtedness
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The department is hereby authorized, subject to the approval of the Governor, to expend funds from any available source as may be necessary for the study of any proposed toll road, bridge, or tunnel project authorized under this article and to use its engineering and other forces…
Ala. Code § 23-2-162 Advertisement of Plans; Public Hearing
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Prior to building a new toll road or expanding capacity on any existing public road for tolling purposes, the Department of Transportation shall advertise for three consecutive weeks in the county or counties where the toll road will be located its intent to build a new toll road…
Ala. Code § 23-2-163 Applicability to Existing Roadway Capacity
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Repealed by Act 2017-375, § 2, effective May 24, 2017. History: (Act 2009-769, p. 2364, §4.)
Ala. Code § 23-2-165 Short Title
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This article shall be known as the Electronic Toll Collection Act. History: (Act 2017-375, §1.)
Ala. Code § 23-2-166 Intent and Purpose of Article
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The purpose of this article is to facilitate vehicular traffic and safety in the state by providing for the electronic collection of tolls. History: (Act 2017-375, §1.)
Ala. Code § 23-2-167 Definitions
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As used in this article, the following words shall have the following meanings: (1) AUTHORITY. The Alabama Toll Road, Bridge and Tunnel Authority, as defined in Section 23-2-142. (2) DEPARTMENT. The Department of Transportation. (3) ELECTRONIC TOLL COLLECTION. A method of collect…
Ala. Code § 23-2-168 Electronic Toll Collection
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(a) The authority, department, or private toll entity, or its agent or representative, may collect a toll by utilizing a system of collection that is capable of charging an account holder the required toll by transmission of information from an electronic toll collection device o…
Ala. Code § 23-2-169 Use of Toll Collection Facility Without Payment; Collection
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(a) The owner and operator of a vehicle driven on a toll road, bridge, causeway, or tunnel and through a toll collection point without payment of the required toll is jointly and severally liable to the authority, department, or private toll entity to pay the required toll, admin…
Ala. Code § 23-2-170 Civil Liability for Toll Violations
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(a) The authority, department, private toll entity, or an agent or representative thereof may file a civil suit in the municipal court of the city in which the violation has occurred or district court of the county in which the violation occurred to collect the toll and all appli…
Ala. Code § 23-2-171 Defense Against Liability
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The owner of the motor vehicle involved in the violation is responsible and liable for payment of a citation issued for failure to pay a toll, unless: (1) The owner can establish that the motor vehicle was stolen at the time of the violation. In order to establish such facts, the…
Ala. Code § 23-2-172 Registration Renewal Hold; Enforcement of Judgements
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(a)(1) If the authority, department, or private toll entity, or its agent or representative, has sent a Failure to Pay a Toll Citation in accordance with Section 23-2-169, and the owner fails to pay the citation within the required time period, the authority or private toll entit…
Ala. Code § 23-2-173 Reciprocal Agreements - Other States or Jurisdictions
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(a) The department or authority may enter into agreements, when not in conflict with law, with other states or jurisdictions for reciprocal enforcement of toll violations. (b) An agreement made under this section shall provide that drivers licensed and vehicles registered in the …
Ala. Code § 23-2-174 Privacy
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(a) The authority, department, private toll entity, or an agent or representative thereof shall not sell, distribute, or make available the names and addresses of electronic toll collection system account holders, without the account holder’s consent, to any entity that uses the …
Ala. Code § 23-2-175 Exemptions
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The following vehicles are exempt from paying tolls imposed pursuant to this article: (1) School buses transporting children for a school event. (2) Authorized emergency vehicles, as defined in Section 32-1-1.1, while actively engaged. (3) Any other vehicle as determined by the a…