MDTA Board Meeting Materials

(f) Adjudication of liability under this section:

(1) Shall be based upon a preponderance of evidence;

(2) May not be deemed a conviction of a registered owner of a motor vehicle under the Motor Vehicle Code;

(3) May not be made part of the registered owner’s motor vehicle operating record; and

(4) May not be considered in the provision of motor vehicle insurance coverage.

(g) (1) If, at the time of a video toll transaction, a motor vehicle OR CLASS G VEHICLE is operated by a person other than the registered owner without the express or implied consent of the registered owner, and if the registered owner by the date stated on the notice of toll due provides the Authority or its duly authorized agent with a notarized admission by the person accepting liability which shall include that person’s name, address, and driver’s license identification number, then the person accepting liability shall be liable under this section and shall be sent a notice of toll due. (2) If the registered owner is a lessor of motor vehicles OR CLASS G VEHICLES , and at the time of the video toll transaction the motor vehicle OR CLASS G VEHICLE involved was in the possession of a lessee, and the lessor by the date stated on the notice of toll due provides the Authority or its duly authorized agent with a copy of the lease agreement or other documentation acceptable to the Authority identifying the lessee, including the person’s name, address, and driver’s license identification number or federal employer identification number, then the lessee shall be liable under this section and shall be sent a notice of toll due. (3) If the motor vehicle OR CLASS G VEHICLE involved in a video toll transaction is operated using a dealer or transporter registration plate, and at the time of the video toll transaction the motor vehicle OR CLASS G VEHICLE was under the custody and control of a person other than the owner of the dealer or transporter registration plate, and if the owner of the dealer or transporter registration plate by the date stated on the notice of toll due provides to the Authority or its duly authorized agent a copy of the contractual agreement or other documentation acceptable to the Authority identifying the person, including the person’s name, address, and driver’s license identification number, who had custody and control over the motor vehicle OR CLASS G VEHICLE at the time of the video toll transaction, then that person and not the owner of the dealer or transporter registration plate shall be liable under this section and shall be sent a notice of toll due.

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