28-7757. Defenses of lessors
A. The lessor of a motor vehicle is jointly and severally liable with the lessee for the toll nonpayment, toll evasion and related tolls, administrative charges and penalties unless both of the following conditions are satisfied:
1. The motor vehicle involved in the toll nonpayment is registered in the name of the lessee of the motor vehicle at the time toll nonpayment occurs.
2. Within fourteen calendar days after the issue date on the notice of toll nonpayment, the lessor delivers to the toll operator an affidavit that is certified and signed by an authorized officer of the lessor that states that the motor vehicle was the subject of a written rental agreement, lease or other contract document at the time of the toll nonpayment and that contains the name and address of the lessee.
B. Within fourteen calendar days after receiving information from the lessor as prescribed in subsection A of this section, the toll operator shall notify the lessor in writing of the sufficiency of the information and whether the lessor is released from liability.
C. A copy of the motor vehicle rental agreement, lease or other contract document or affidavit identifying the lessee of the motor vehicle at the time of the toll transaction is prima facie evidence that the person named in the rental agreement, lease, other contract document or affidavit was operating the motor vehicle at all relevant times relating to the toll transaction.
D. A lessor shall cooperate with the toll operator in the enforcement of an order, decision or judgment rendered against the lessee by providing the toll operator, on the toll operator's request, any additional information concerning the lessee contained in the lessor's record.
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