Please read this License Agreement carefully. By opening a FasTrak™ account and using the
FasTrak™ Transponder, you agree to the following terms:
General:
This FasTrak™ License Agreement (“Agreement”) with the Bay Area Toll Authority (“BATA”),
the California Department of Transportation (“Caltrans”) and the Golden Gate Bridge, Highway
and Transportation District (“District”), collectively referred to in this Application and
License Agreement as “the Agencies”, allows you to use the FasTrak™ Transponder through
toll lanes of the Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael, San
Francisco-Oakland Bay, San Mateo-Hayward bridges and the Golden Gate Bridge. This Agreement
accompanies and is part of each FasTrak™ Application. Your submittal of a FasTrak™
Application constitutes your acknowledgement and consent to the terms of this Agreement. This
Agreement is a license only and the Transponder remains the property of BATA. FasTrak™ will
not issue a Transponder to any applicant until any and all outstanding toll violations of that
applicant have been paid and any and all other Bay Area FasTrak™ account balances are settled.
You Agree to:
Pay all the tolls charged to your FasTrak™ account.
Install and use the Transponder in accordance with instructions provided to you in your Transponder package.
Obey all applicable laws and regulations, as well as the policies and regulations of Caltrans toll bridges, the Golden Gate Bridge and all other FasTrak™ facilities while observing posted speed limits on all FasTrak™ toll facilities.
Promptly review your statement and notify the FasTrak™ Customer Service Center of any questions regarding charges. Charges not questioned within 30 days of notice will be deemed valid.
Report any changes to your name, mailing address, telephone number, vehicles, license plate numbers,
and, if applicable, credit card number and expiration date when that new information is first known.
(See contact information below). You remain liable for all tolls charged to the vehicle on your
account until you have notified the Customer Service Center of any changes in vehicle ownership.
Interoperability with FasTrak™ System:
Your Transponder may be used to pay tolls on any Toll Facility bearing the FasTrak™ logo, which
presently includes the SR-241, SR-133, SR-73, SR-91, I-15, SR-125, Golden Gate Bridge and Caltrans’
seven Bay Area Bridges. It is not necessary to obtain a separate Transponder to pay tolls electronically
on other FasTrak™ Toll Facilities not operated by one of the Agencies. If you drive on another
FasTrak™ Toll Facility in a vehicle with your Transponder, your Transponder will be read by that
Toll Facility’s electronic toll equipment, and a record of your transaction will be created. These tolls
will be charged to your account in accordance with the rules, regulations and procedures of the other
Toll Facility. It is your responsibility to be aware of and comply with such rules, regulations, and
procedures. If you use your Transponder on another FasTrak™ Toll Facility, you agree to pay the
tolls charged by that Toll Facility, whether billed by one of the Agencies or the other Toll Facility.
You further agree that the Agencies may share with the operator of such other Toll Facility and its
agents any information contained in this Application and License Agreement for purposes of processing
and collecting tolls or penalties, and enforcing Agency policies.
Minimum Account Balances, Fees and Charges:
You agree to maintain your prepaid toll account balance as described in this Agreement.
If you select the credit card option, your account will be charged an initial prepaid balance of $40 per Transponder. In addition, you authorize the Agencies to replenish your account by charging a minimum of $40 or the higher average monthly usage to your credit card each time your toll account balance falls below your replenishment threshold (initially $15).
If you select the cash or check option, you agree to make a prepayment of $50 per Transponder. In addition, you agree to make a minimum cash or check payment of $40 each time your toll account balance falls below your replenishment threshold (initially $30). You agree that such payment will be received by the Customer Service Center prior to your account reaching a zero balance.
You agree that your replenishment amount and replenishment threshold are both subject to change based on your average monthly usage.
You agree that a $25 fee may be charged to your account for checks returned by your bank or financial institution.
You agree that BATA may charge a fee for providing extra statements. Please see our website for current fee amounts.
You agree that BATA may charge a fee for maintaining your account should you not incur a minimal level of toll usage each month, as defined at our sole discretion. You also agree that a fee may be charged for image-based transactions derived from license plates. You will be notified by mail if the Agencies deem either of these fees necessary.
You agree to waive all interest or benefits, if any, that may accrue on any prepaid balances or transponder deposits.
Failure to maintain the required balance or properly maintain your account will result in transactions
being processed as violations that are subject to fees, fines and penalties as provided by law. In
addition, failure to maintain the required balance or properly maintain your account may result in
closure of your account and, in the case of negative account balance, may result in collection actions
for any unpaid balance.
Transponders:
In addition to any prepaid account balance(s), you agree to pay a $30 deposit for each Transponder licensed to you, which deposit BATA will refund without interest if you return the Transponder(s) in good working condition. No deposit shall be required for the first three Transponders issued to a credit card account. If you choose the credit card payment option, you agree that BATA may charge your credit card for the amount of the Transponder deposit(s) for each Transponder(s) not returned in good working condition.
If a Transponder fails to operate for reasons other than abuse or improper use and is returned to the FasTrak™ Service Center, we will replace that Transponder at no charge.
If a Transponder is lost or stolen, please call the FasTrak™ Customer Service Center immediately by telephone at 1-877-BAY-TOLL (1-877-229-8655). You remain liable for all tolls charged to your Transponder until you have notified the Customer Service Center that your Transponder has been lost or stolen. In addition, you will be charged $30 for each Transponder entrusted to your possession that has been stolen unless an official police report is provided.
You agree that the Transponder may be read to provide anonymous traffic flow data to the Metropolitan Transportation Commission’s ‘511’ project, a real time traffic information service. No information identifying a FasTrak™ account, person or vehicle using the Transponder will be collected by the Metropolitan Transportation Commission or ‘511’. If you do not want your Transponder’s presence to be noted by ‘511’, remove the Transponder from your windshield and place it in the special bag you received with the Transponder. Be sure to replace the Transponder on your windshield before you enter a FasTrak™ lane in order to avoid toll violation charges. If you would like additional information about ‘511’, please visit www.511.org.
Termination:
BATA, Caltrans or the District may terminate this Agreement at any time and for any reason. If BATA,
Caltrans or the District requests, or if you wish to terminate this Agreement, you must return all of
the issued Transponder(s) to the FasTrak™ Service Center. Upon termination and your return of your
Transponder(s), your toll account balance and Transponder deposit(s) (if paid in advance) will be
refunded to you within thirty (30) days without interest by check or credit card, less any amounts owed
to Caltrans, BATA, the District or another FasTrak™ Toll Facility. Following any termination, you
remain responsible for payments owed under this Agreement. If your toll account balance is insufficient
to cover outstanding charges, you will remain liable for all such amounts. If such unpaid charges are
not promptly remitted, you may become liable for additional service charges, fines, or penalties, in
accordance with applicable law and you may be subject to collection actions for any unpaid balance.
Changes:
The Agencies reserve the right to change the terms of this Agreement and these policies at any time by
providing written notice to you. You will be deemed to have received such notice ten (10) days after
deposit of that notice in the U.S. Mail. You agree to all changes when you use your Transponder after
that date.
Release and Indemnity:
You hereby release the Agencies and their directors, officers, employees and agents from all loss, damage,
or injury whatsoever, known or unknown, arising out of or in any manner connected with the use or
performance of the Transponder(s) issued to you. You agree that neither the Agencies nor their directors,
officers, employees nor agents will incur any obligation or liability for any such loss, damage or
injury. Your sole and exclusive remedy against the Agencies will be replacement of any defective
Transponder(s). You agree to indemnify, protect, and hold harmless the Agencies and their directors,
officers, employees, and agents from all liability for any loss, damage or injury to persons or property
arising from or related to the use of the Transponder(s) issued to you.
Failure to Comply with any portion of this Agreement may result in your
transactions being processed as violations under California Vehicle Code 4770 and any other applicable
law. If violations occur, you will be subject to all fees, fines and penalties, and unpaid violations
may be referred to collection or result in the DMV withholding your vehicle registrations, as provided
by law. BATA, Caltrans, and the District reserve the right to debit your account for unpaid violations
including fees and fines.
Personal Information Notice: Agencies’ treatment of personal information
is described in the Privacy Policy available at www.bayareafastrak.org/static/privacy/index.shtml and is consistent with
Federal and State laws governing an individual’s rights to privacy. Your disclosure of personal information
related to this program is voluntary. Failure to provide the information requested may result in delays in
the processing of your enrollment application or in providing updated account information. Personal
information provided by you and any data developed as a byproduct of your use of the electronic toll
collection program will not be made available to third parties except as described in our Privacy Policy or
unless permissible by law. You retain the right to inspect all personal information pertaining to your
account. Any inquiry or request to obtain information, in accordance with the above provisions, should be
directed in writing to the FasTrak™ Service Center, along with your name, address, and account number.
Governing Law: This Agreement shall be interpreted in accordance with the
laws of the State of California. If any term of this Agreement is found to be invalid, such invalidity
shall not affect the validity of the remaining terms.
