LD 1161
pg. 28
Page 27 of 30 An Act to Create the East-West Highway Authority Page 29 of 30
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LR 1359
Item 1

 
(4)__The authority may collect a toll and a civil
penalty that is not paid by a registered owner who is
liable under this subsection within 120 days after
mailing the notice of liability by civil action
commenced in the District Court or Superior Court in
the county in which the alleged failure to pay
occurred.__Adjudication of liability under this
subsection is based upon a preponderance of the
evidence.

 
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
follows.

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

 
(2)__If the registered owner 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, 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, 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, the
registered owner is not liable under this subsection.


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