The Minister for Transport, Mr Cullen, is to meet National Toll Roads this week in a bid to agree a formula for "no barrier" tolling at Dublin's West-Link bridges.
National Toll Roads, the West-Link operator, already has the technology to allow for the removal of barriers, but is reluctant to introduce the system because of what it sees as a lack of penalties for those who would fail to pay their charges.
Mr Cullen has drafted new legislation aimed at increasing penalties for those who cross the bridge without paying, and allowing the Garda to pursue and prosecute evaders in the courts if necessary.
The Minister is hoping the new legislation will make it possible for National Toll Roads to implement "no barrier" tolling, modelled on systems in place in Canada and Australia.
No-barrier tolling uses cameras mounted on an overhead gantry and can accommodate traffic passing below at speeds in excess of 120 k.m./h, the maximum speed allowable on Dublin's M50.
In Montreal it works by photographing car registrations and sending monthly bills to motorists.
However, National Toll Roads is understood to be insisting on pre-paid tolls, utilising either its pre-paid eazy-pass system or credit card payments, made over the phone, again in advance.
The company is also concerned about enforcing payments on motorists whose cars are registered in Northern Ireland or elsewhere outside Ireland.
In relation to out-of-State vehicles, Mr Cullen is hoping a compromise can be reached where most of the toll barriers can be removed, leaving perhaps one or two booths in place for drivers from out of State and others who have not paid in advance.
A spokesman for the Department of Transport said current legislation allowed toll companies to pursue evaders but only for the cost of the toll.
The new legislation would provide for a fixed penalty, similar to a speeding fine, followed by a greater penalty after 28 days and ultimately a court appearance with large-scale fines and provisions for legal costs against transgressors.
