Ch. 219

1996 LAWS OF MARYLAND

(III) A WARNING THAT FAILURE TO PAY THE TOLL AND CIVIL
PENALTY OR TO CONTEST LIABILITY IN THE MANNER AND TIME PRESCRIBED IN IS
AN ADMISSION OF LIABILITY AND A WAIVER OF AVAILABLE DEFENSES, AND MAY
RESULT IN THE ENTRY OF A DEFAULT JUDGMENT OR IN THE REFUSAL OR
SUSPENSION OF THE MOTOR VEHICLE REGISTRATION.

(5)     A PERSON RECEIVING THE NOTICE OF VIOLATION UNDER THIS
SECTION MAY:

(I)      PAY THE TOLL AND THE CIVIL PENALTY DIRECTLY TO THE
MARYLAND TRANSPORTATION AUTHORITY; OR

(II)     ELECT TO STAND TRIAL FOR THE ALLEGED VIOLATION.

(6)     IF THE REGISTERED OWNER OF A MOTOR VEHICLE WHO IS LIABLE
UNDER THIS SECTION FINALS FAILS TO PAY THE PRESCRIBED TOLL AND CIVIL
PENALTY WITHIN 60 DAYS AFTER MAILING OF THE NOTICE OF LIABILITY, THE
MARYLAND TRANSPORTATION AUTHORITY OR ITS DULY AUTHORIZED AGENT
MAY:

(I)      COLLECT THE TOLL, THE CIVIL PENALTY AND
ADMINISTRATIVE EXPENSES BY CIVIL ACTION COMMENCED IN THE DISTRICT
COURT FOR THE JURISDICTION IN WHICH THE ALLEGED FAILURE TO PAY A TOLL
OCCURRED; OR

(II)     NOTIFY THE ADMINISTRATION OF THE FAILURE TO PAY THE
TOLL AND CIVIL PENALTY IN ACCORDANCE WITH § 27-110 OF THIS ARTICLE.

(D)    A CERTIFICATE ALLEGING THAT A FAILURE TO PAY A TOLL OCCURRED,
SWORN TO OR AFFIRMED BY A DULY AUTHORIZED AGENT OF THE MARYLAND
TRANSPORTATION AUTHORITY', BASED UPON INSPECTION OF PHOTOGRAPHS,
VIDEOTAPE OR OTHER ELECTRONICALLY RECORDED IMAGES OF THE LICENSE
PLATE OF A MOTOR VEHICLE PRODUCED BY AN ELECTRONIC TOLL COLLECTION
VIDEO-MONITORING SYSTEM SHALL BE PRIMA FACIE EVIDENCE OF THE FACTS
CONTAINED THEREIN AND SHALL BE ADMISSIBLE IN ANY PROCEEDING ALLEGING A
VIOLATION UNDER THIS SECTION.

(E)     ADJUDICATION OF LIABILITY UNDER THIS SECTION:

(1)     SHALL BE BASED UPON A PREPONDERANCE OF EVIDENCE;

(2)     MAY NOT BE DEEMED A CONVICTION OF A REGISTERED OWNER OF
A MOTOR VEHICLE UNDER THE MOTOR VEHICLE CODE; AND

(3)     MAY NOT BE MADE PART OF THE REGISTERED OWNER'S MOTOR
VEHICLE OPERATING RECORD: AND

(4)     MAY NOT BE CONSIDERED IN THE PROVISION OF MOTOR VEHICLE
INSURANCE COVERAGE

(F)     (1) IF A PERSON OTHER THAN THE REGISTERED OWNER OF THE
MOTOR VEHICLE IS ADJUDICATED RESPONSIBLE FOR THE FAILURE TO PAY THE
TOLL, THEN THE REGISTERED OWNER IS NOT LIABLE UNDER THIS SECTION.

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