Out-of-state scofflaws catch a major break

1/7/2008

By Joseph Ryan | Daily Herald Staff [Chicago]  

When it comes to skipping out on tolls, out-of-state scofflaws are legally able to evade the worst punishments that befall local toll cheats: driver's license and license plate suspensions.

Critics say it's a problem that must be solved, though it is an issue national in scope.

"There is an equity issue there," said Jim Baxter, president of the National Motorists Association, which is based near Madison, Wis.

Convincing other states to enforce toll scofflaw penalties from across the border is a mission at the top of the list for tollway agencies across the country. But fixing it may take years.

The E-ZPass Interagency Group, which links up the Illinois tollway with 11 other states, is working on ways to solve the problem, though the legal maze is complex. A panel studying the problem could have solutions outlined by spring.

"This is a real issue for us," said James Crawford, director of the agency, which mostly includes East Coast tollways.

The interagency group has worked since 1990 to overcome logistical and policy problems that make expanding electronic tolling across the nation difficult.

Agency members agree to use the same kind of transponders and to grant the same discounts for in-state drivers to motorists from other states. Moreover, they share license plate and transponder account data so that charges from cross-country driving come out of the proper account.

However, enforcing violation penalties across borders remains a sticking point.

For one, there are high legal hurdles to suspending, for example, an Indiana license for a crime not on the books in that state. Each state also has different penalties, ranging from little enforcement to actual arrest warrants for flagrant toll cheats.

Overcoming the obstacles likely would require a law change in each state, said Crawford.

The Illinois tollway could not provide figures for how many accused toll cheats are from another state, but an estimated 80 percent of tollway drivers are local.

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