Arizona Laws 28-7756. Defenses of registered owners and lessees
A. The registered owner or lessee of a motor vehicle is not liable for toll nonpayment, toll evasion or related tolls, administrative charges and penalties if either:
Terms Used In Arizona Laws 28-7756
- Department: means the department of transportation acting directly or through its duly authorized officers and agents. See Arizona Laws 28-101
- Notice of payment due: means the written notice to pay the required tolls and administrative charges for vehicular use of a toll facility. See Arizona Laws 28-7751
- Operator: means a person who drives a motor vehicle on a highway, who is in actual physical control of a motor vehicle on a highway or who is exercising control over or steering a vehicle being towed by a motor vehicle. See Arizona Laws 28-101
- Owner: means :
(a) A person who holds the legal title of a vehicle. See Arizona Laws 28-101
- Penalties: means penalties imposed pursuant to section 28-7753. See Arizona Laws 28-7751
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Toll evasion: means the failure to pay in full a notice of payment due within the required time. See Arizona Laws 28-7751
- Toll nonpayment: means the failure to pay in full an applicable toll for the use of a toll facility. See Arizona Laws 28-7751
- Toll operator: means the department in its capacity of imposing and collecting tolls for the use of a toll facility, any public or quasi-public agency appointed by the department to impose or collect tolls for the use of a toll facility that is owned by the department, any private partner authorized to impose and collect tolls by a public-private agreement or any contractor or vendor retained by the department, public agency or private partner to carry out toll collection and enforcement and related customer service functions. See Arizona Laws 28-7751
- Writing: includes printing. See Arizona Laws 1-215
1. All of the following conditions are satisfied:
(a) The motor vehicle involved in the toll nonpayment was stolen before the toll transaction occurred and had not been recovered before the toll transaction occurred.
(b) The theft was reported to the appropriate law enforcement authority.
(c) Before the due date in the notice of payment due, the registered owner or lessee delivers to the toll operator a certified copy of the police report showing that the motor vehicle had been reported to the appropriate law enforcement authority as stolen and remained stolen at the time the toll transaction occurred.
2. All of the following conditions are satisfied:
(a) The registered owner’s or lessee’s license plate was stolen and appeared on the motor vehicle involved in the toll nonpayment.
(b) The theft was reported to the appropriate law enforcement authority.
(c) Before the due date in the notice of payment due, the registered owner or lessee delivers to the toll operator a certified copy of the police report showing that the license plate had been reported to the appropriate law enforcement authority as stolen and remained stolen at the time the toll transaction occurred.
B. The registered owner of a motor vehicle is not liable for toll nonpayment, toll evasion or related tolls, administrative charges and penalties if all of the following conditions are satisfied:
1. The registered owner of the motor vehicle involved in the toll nonpayment transferred ownership of the motor vehicle to another person before the toll transaction occurred.
2. The registered owner was not the operator of the motor vehicle when the toll transaction occurred.
3. Before the due date in the notice of payment due, the registered owner delivers to the toll operator a legible copy of the assignment of title or interest and warranty that is in the form prescribed by the department pursuant to section 28-2055, that is signed by the registered owner, that identifies the motor vehicle and the name and address of the transferee and that evidences the date of transfer.
C. Within fourteen calendar days after receiving information from the registered owner or lessee regarding the motor vehicle or license plates as prescribed in this section, the toll operator shall notify the registered owner or lessee in writing of the sufficiency of the information and whether the registered owner or lessee is released from liability.