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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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