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