R926-17-8. User Agreements Between Account Managers and RUC Participants

  (1) The Department must approve user agreements used by account managers to enroll RUC participants prior to usage of those agreements.

  (2) The user agreement will clearly explain location tracking, data retention, and privacy protection components of the program. It will also require explicit consent on the part of the participant to accept any terms related to tracking and retention.

  (3) The user agreement will include but is not limited to the following components:

  (a) Mileage reporting mechanism to be used for the vehicle being enrolled and commitment from the RUC participant to keep the mechanism operable at all times so that no interruptions in data collection and transmission occur.

  (b) Electronic payment mechanism chosen by the RUC participant, consent to have a bank account or credit card debited when the wallet balance drops below a defined minimum threshold, and commitment to keep payment information current while enrolled in the program.

  (c) Refund procedures for situations where a RUC participant completes a full registration cycle within the program but does not accrue enough mileage charges to consume the entire flat fee, thus leaving a positive wallet balance.

  (d) Requirements, if any, for return of mileage reporting devices to the account manager after a RUC participant is no longer enrolled.

  (e) Length of time that raw location data will be retained by the account manager.

  (f) Information about how data may be aggregated, anonymized, or shared.

  (g) Process for RUC participants to view their collected data and lodge a dispute if they believe charges have accrued to their accounts erroneously.

  (h) Processes and consequences of withdrawal from the program both prior to and after full completion of the current annual registration cycle applicable to the enrolled vehicle, as detailed in Section R926-17-3.

  (4) The user agreement will explain penalties associated with violation of its terms. Failure to comply with terms such as payment of RUC fees, return of devices (or payment for lost devices), or intentional tampering with mileage reporting mechanisms may result in the following enforcement actions:

  (a) An initial warning about the violation and steps for becoming compliant.

  (b) A penalty fee, which will be agreed to by the RUC participant and account manager and stated in the user agreement, will be assessed to the RUC participant's electronic wallet if a warning doesn't result in compliance.

  (c) Billing of the RUC participant's electronic wallet for all outstanding fees owed and removal from the program if compliance is still not achieved after penalty assessment.

  (d) Notification by the account manager to the DMV that a former RUC participant has unpaid fees owed to the account manager, and subsequent placement of a registration hold by the DMV on the formerly enrolled vehicle if the RUC participant's electronic payment information is invalid or does not have enough balance to successfully pay the total fees owed. Former RUC participants with registration holds assessed will be required to successfully settle their RUC account with the account manager prior to having the hold released by the DMV and being able to register the vehicle again.