Arizona Laws 28-7758. Notice of payment due
A. If a motor vehicle is found by electronic transaction and payment technology or by visual observation to be involved in a toll nonpayment, the toll operator may deliver to the registered owner of the motor vehicle a notice of payment due.
Terms Used In Arizona Laws 28-7758
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Deliver: means to send, transmit or transfer information or documents, including by United States mail, electronic mail, hand delivery or fax. See Arizona Laws 28-7751
- Electronic transaction and payment technology: means a system for recording and paying a toll electronically, including using a transponder, a reader system, automatic vehicle license plate recognition technology, a global positioning system or any other electronic means. See Arizona Laws 28-7751
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- 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 facility: means either of the following:
(a) Any new highway, roadway, lane, bridge, tunnel or other facility for surface transport of people or goods that is subject to payment of a toll for its use, for which an alternative route exists that accommodates the same type of motor vehicles, except for rail or other fixed guideway transit. 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
B. A notice of payment due must be delivered within forty-five calendar days after the toll nonpayment occurs, except that, if information concerning the identity and address is not available to the toll operator within forty-five calendar days after the toll transaction occurred, the toll operator has an additional forty-five calendar days to obtain the information and deliver the notice of payment due.
C. If a toll operator receives information that identifies a person who is not the registered owner of the motor vehicle and who may be responsible for paying a toll pursuant to this article, the toll operator may deliver to that person a notice of payment due within forty-five calendar days after the toll operator receives the information that identifies the person and the person’s address, except that, if information concerning the identity and address of the person proves to be inaccurate, the toll operator has an additional forty-five calendar days to obtain the information and deliver the notice of payment due.
D. The notice of payment due shall include all of the following:
1. The date and approximate time of the transaction on or use of the toll facility resulting in the toll nonpayment and the approximate location where the transaction or use occurred.
2. The vehicle license plate number.
3. If known, the make of the motor vehicle.
4. If possible, a representative photograph or image of the license plate on the motor vehicle that incurred the toll transaction.
5. The amount of the toll and any administrative charges and penalties, each stated separately.
6. The deadline by which payment must be made to avoid incurring additional charges and other consequences provided by law. This deadline shall not be less than fourteen calendar days after the date that the notice of payment due is delivered.
7. A statement that if the notice of payment due is not paid by the deadline the nonpayment is a civil violation subject to additional charges and actions against the notice recipient as provided in this article and any other applicable law.
8. The address of the person to whom payments may be sent.
9. A statement describing the acceptable methods for making payment, including by mail.
10. A statement referring the recipient to this article for further information on the law applicable to enforcement of tolls and the recipient’s rights and obligations.
E. The notice of payment due also shall contain, or be accompanied by, all of the following:
1. A form of affidavit of defense from liability.
2. A brief explanation of what constitutes defense from liability pursuant to sections 28-7756 and 28-7757.
3. Information as to the effect of executing the affidavit of defense from liability.
4. Instructions for returning the affidavit of defense from liability and supporting documentation to the toll operator.
F. This article does not prohibit any recipient of a notice of payment due from providing to the toll operator proof of an error in the notice of payment due.