LD 1705
pg. 4
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LR 2565
Item 1

 
D.__Except as provided in paragraph E, it is not a defense to
liability under this subsection that a registered owner was
not operating the motor vehicle at the time of the failure to
pay.

 
E.__Defenses to liability under this subsection are as set
out in this paragraph.

 
(1)__If a person other than the registered owner of the
motor vehicle is adjudicated criminally or civilly
responsible for the failure to pay a toll, then the
registered owner is not liable under this subsection.

 
(2)__If the registered owner of the motor vehicle is
the lessor of motor vehicles and at the time of the
failure to pay an authority toll the motor vehicle was
in the possession of a lessee and the lessor provides
the authority with a copy of the lease agreement
containing the information required by Title 29-A,
section 254, then the lessee, and not the lessor, is
liable under this subsection.

 
(3) If the motor vehicle is operated using a dealer or
transporter registration plate and at the time of the
failure to pay the motor vehicle was under the custody
or control of a person other than the dealer or
transporter, and if the dealer or transporter provides
the authority with the name and address of the person
who had custody or control over the motor vehicle at
the time of the failure to pay, then that person and
not the dealer or transporter is liable under this
subsection.

 
(4) If a report that the motor vehicle was stolen is
given to a law enforcement officer or agency before the
failure to pay occurs or within a reasonable time after
the registered owner becomes aware of the theft, then
the registered owner is not liable under this
subsection.

 
F. Nothing in this subsection may be construed to limit the
liability of an operator of a motor vehicle for a failure to
pay an authority toll.__If a person who is liable for a
failure to pay under this subsection was not the operator of
the motor vehicle at the time of the failure to pay, that
person may maintain an action for indemnification against
the operator to recover all tolls, administrative fees and
civil penalties paid by that person under this subsection.


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