Could Toll Technology Be Used for Monitoring Drivers' Data?

Kate Nagle, GoLocal News Editor

Could Toll Technology Be Used for Monitoring Drivers' Data?

How much data could - or would - tolls gantries collect, opponents want to know. Photo: Flickr/NCDOT
Opponents to truck tolls in Rhode Island are questioning the tracking capacities of the gantries, in light of other states using E-ZPass to issue speeding tickets and engage in data monitoring activities as discovered by the ACLU

“While our primary concern is to stop the government from creating a new revenue stream from the taxpayer, of course we are concerned as average citizens that more of our basic rights might be stripped from us,” said Pam Gencarella with OSTPA. 

“The concept of monitoring vehicles as they traverse the state is not new.  Last year, Representative Jacquard introduced legislation to do just that.  H 5610 was proposed to create an electronic vehicle liability insurance confirmation and compliance system," said Gencarella. "The public needs to be aware that the toll gantries may serve more than the original purpose.”

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A USA Today article shows which states have the authority to issue speeding fines via E-ZPass. While Rhode Island does not, it can issue warnings and revoke passes -- and toll critics warn of the potential for governmental overreach.   

Current E-ZPass Policies, Questions About Truck Toll Oversight

The Rhode Island Turnpike and Bridge Authority affirmed that it has the authority to revoke EZ passes based on camera information, but a spokeswoman said she does not believe it has even happened.

“There have been a few instances of cars hitting plazas and toll collectors this past year that have resulted in death. RITBA monitors average speeds because the slower the traffic the higher risk of collision there is,” said spokesperson Dee Dee Edmonson. 

“RITBA does have the ability to warn drivers that imperil the safety of the toll plaza – and also have the ability to take away the offenders E-ZPass transponder,” said Edmonson. “To  [Executive Director] Buddy [Croft's] knowledge, though, no one has received a warning or been disqualified from E-ZPass during his tenure.”

The Governor’s office has repeatedly said that the tolling will only apply to trucks, but the process for monitoring the tolls -- whether that would be E-ZPass or another entity through an RFP -- was not clear. 

“Each tolling point will have equipment capable of automatically classifying each vehicle passing through the toll point, so that tolls would only be assessed to heavy trucks,” said Marie Aberger in the Governor’s office. “Cars and single unit trucks will not be charged, even if those vehicles have E-ZPass transponders.”  

E-ZPass accounts can be revoked for speeding coming off the Mt. Hope Bridge Photo: Flickr/UpstateNYer
Aberger said she was “still checking” on how the oversight process will work. 

“Rhode Islanders pay taxes in the top twenty percent nationally and already bear the burden of a high cost of living.  Our elected officials need to stop looking for ever more sources of revenue from us and start living within our means,” said Monique Chartier with RI Taxpayers.  “The implications for privacy of the use of toll gantries for tracking state residents is frightening.  The list of reasons to say no to tolls and to Big Brother toll gantries gets longer by the week.”

Addressing Legislative Concerns

Steve Brown with the RI ACLU said that the civil liberties organization lobbied for driver protections when E-ZPass tolls on the Pell Bridge were implemented — and expects to do the same for any truck toll bill. 

“Although we initially contacted RITBA to get regulations adopted to protect the privacy of toll data when they first began considering use of EZ Pass on the Pell Bridge, we actually ended up taking care of the issue through legislation, which was even better,” said Brown.  

“We'd want to make sure that these restrictions applied to any truck toll bill that was introduced,” said Brown. “For example, by seeing if we need to update the references to the technology being used, but this law does set tight restrictions on the use of toll data for non-toll purposes.”

Last year in Rhode Island, the House of Representatives took up license plate scanner legislation, which was opposed by just four legislators.  In California, a state legislator had used a license plate scanner in the state to track his wife’s locations (with her consent) by getting a private investigator to obtain the data, according to a Consumer Affairs report.  

“This is dangerous territory. Rhode Islanders should be wary about turning over our private, personal travel information to an increasingly big-brotherish government via electronic tolling on trucks and cars,” said Mike Stenhouse with the Rhode Island Center for Freedom and Prosperity.

“Just last year, Representative Jacquard's bill that would have established a statewide electronic system to scan our license plates (H5610) actually passed the RI House of Representatives, with only four no votes,” said Stenhouse. “I doubt most legislators even considered the privacy concerns.”

Representative Mike Chippendale was one of the legislators who opposed the legislation. 

“When you're dealing with an automated system to snap photos, we're really still in the dark as to how it's administered,” said Chippendale.  “Privacy concerns with the truck tolls are viable concerns, but the primary concern is the impact on industry, and driving out of state folks out of state, and whether it could be extended to cars in the future.” 

The Libertarian Party of Rhode Island warned of the potential for monitoring. 

“Given the penchant for Rhode Island politicians for petty thuggery, partisan politics, and small time recriminations, the potential for abuse staggering,” said Party Chair Pat Ford.


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