Arizona Laws 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:
Terms Used In Arizona Laws 28-7757
- 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.
- Contract: A legal written agreement that becomes binding when signed.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- 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
- 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. 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.