Please read this Application and License Agreement carefully. By opening a FasTrak account and using the FasTrak Toll Tag, you agree to the following terms:
This FasTrak License Agreement (“Agreement”) with the Bay Area Toll Authority (“BATA”) 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 Toll Tag through toll lanes of the State-owned toll bridges in the Bay Area (Antioch, Benicia-Martinez, Carquinez, Dumbarton, Richmond-San Rafael, San Francisco-Oakland Bay, San Mateo-Hayward bridges) the Golden Gate Bridge, the Bay Area Express Lanes, and FasTrak authorized parking facilities. 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 Toll Tag remains the property of BATA. FasTrak will not issue a Toll Tag 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 Toll Tag in accordance with instructions provided to you in your Toll Tag 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 Toll Tag 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, the seven State-owned toll bridges, and the Express Lanes in the
Bay Area. If you drive on any FasTrak Toll Facility in a vehicle with your Toll Tag, your Toll Tag 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 that FasTrak Toll
Facility. It is your responsibility to be aware of and comply with such rules, regulations, and procedures. If
you use your Toll Tag on a FasTrak Toll Facility, you agree to pay the tolls charged by that FasTrak Toll
Facility, whether billed by one of the Agencies or any other FasTrak Toll Facility. You agree that the
Agencies may share with the operator of such FasTrak 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.
Toll Tag Use at Eligible Parking Facilities:
Your Toll Tag may also be used to pay parking fees at eligible parking facilities provided that you have not opted-out of the parking program and you have provided a valid credit card for your FasTrak account. You may opt-out of the parking program at any time by contacting the FasTrak Customer Service Center at www.bayareafastrak.org and updating your account information. If you do not opt-out, you agree to the use of your Toll Tag to pay parking fees at eligible parking facilities.
Minimum Account Balances, Fees and Charges:
You agree to maintain your prepaid toll account balance as described in this Agreement.
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.
- If you select the credit card option, your account will be charged an initial prepaid balance of $25 per Toll Tag. In addition, you authorize BATA to replenish your account by charging a minimum of $25 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 Toll Tag. 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.
- If you select the credit card option, you are automatically opted-in to use your Toll Tag to pay parking fees at eligible parking facilities. Parking fees less than or equal to $10 will be paid from your prepaid balance. You authorize BATA to charge your credit card for parking fees greater than $10. If you select the cash or check option, you are not eligible to use your Toll Tag to pay for parking fees.
- 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 to waive all interest or benefits, if any, that may accrue on any prepaid balances or Toll Tag deposits.
- In addition to any prepaid account balance(s), you agree to pay a $20 deposit for each Toll Tag licensed to you. BATA will refund the deposit without interest if you return the Toll Tag(s) in good working condition. No deposit shall be required for the first three Toll Tags 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 Toll Tag deposit(s) for each Toll Tag(s) not returned in good working condition.
- If a Toll Tag fails to operate for reasons other than abuse or improper use and is returned to the FasTrak Customer Service Center, we will replace that Toll Tag at no charge.
- If a Toll Tag is lost or stolen, please call the FasTrak Customer Service Center immediately by telephone at (877) 229-8655. You remain liable for all tolls charged to your Toll Tag until you have notified the Customer Service Center that your Toll Tag has been lost or stolen. In addition, you will be charged $20 for each Toll Tag entrusted to your possession that has been stolen unless an official police report is provided.
- If you purchased your Toll Tag from a retail store, you agree that $20 will be held as a deposit and the remaining balance of your purchase price will be available as prepaid tolls until the toll tag is registered. Upon registration using a credit card, the $20 deposit will be applied to your prepaid toll balance. If registration is by cash/check, the $20 will remain as a deposit. If you do not register your Toll Tag within seven (7) business days from first use, or if your prepaid toll balance becomes negative, the Toll Tag will become invalid/inactive and your tag deposit will be forfeited. Using an invalid/inactive Toll Tag will result in transactions being processed as violations that are subject to fees, fines and penalties as provided by law.
- You agree that the Toll Tag 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 Toll Tag will be collected by the Metropolitan Transportation Commission or ‘511’. If you do not want your Toll Tag’s presence to be noted by ‘511’, remove the Toll Tag from your windshield and place it in the special bag you received with the Toll Tag. Be sure to replace the Toll Tag 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.
The Agencies may terminate this Agreement at any time and for any reason. If the Agencies request, or if you wish to terminate this Agreement, you must return all of the issued Toll Tag(s) to the FasTrak Customer Service Center. Upon termination and your return of your Toll Tag(s), your toll account balance and Toll Tag 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 the Agencies or other FasTrak Toll Facility or parking 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.
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 that notice is sent. You agree to all changes when you use your Toll Tag 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 Toll Tag(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 Toll Tag(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 Toll Tag(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.
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.