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Session Laws, 1999
Volume 796, Page 250   View pdf image
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(2) "CLONED CVISN TRANSPONDER" MEANS A CVISN TRANSPONDER OR
OTHER ELECTRONIC DEVICE THAT HAS BEEN CONVERTED WITH THE ELECTRONIC
SERIAL NUMBER OR OTHER PROPRIETARY INFORMATION OBTAINED WITHOUT THE
CONSENT OF THE STATE.

(3) "CVISN" MEANS THE COMMERCIAL VEHICLE INFORMATION SYSTEMS
AND NETWORK, A MOTOR CARRIER PROGRAM MANAGED BY THE DEPARTMENT,
TOGETHER WITH OTHER STATE AGENCIES.

(4) "CVISN TRANSPONDER" MEANS AN ELECTRONIC DEVICE ACQUIRED
BY MOTOR CARRIERS TO ALLOW ELECTRONIC SIGNALING THROUGH CVISN.

(5) "MANUFACTURE" MEANS TO PRODUCE, ASSEMBLE, MODIFY, ALTER,
PROGRAM, REPROGRAM, OR TAMPER WITH A CVISN TRANSPONDER WITHOUT THE
CONSENT OF THE STATE.

(6) "SELL" MEANS TO SELL, EXCHANGE, GIVE, OR DISPOSE OF, TO
ANOTHER, OR TO OFFER OR AGREE TO DO THE SAME.

(B) (1) A PERSON MAY NOT KNOWINGLY POSSESS OR USE A CLONED CVISN
TRANSPONDER OR POSSESS A CVISN TRANSPONDER WITH THE INTENT TO
MANUFACTURE A CLONED CVISN TRANSPONDER

(2) A PERSON MAY NOT KNOWINGLY DISTRIBUTE OR POSSESS WITH
INTENT TO DISTRIBUTE, MANUFACTURE, OR SELL A CLONED CVISN TRANSPONDER

(C) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, IF
THE OPERATOR OF A MOTOR VEHICLE IS IN POSSESSION OF A CLONED CVISN
TRANSPONDER, THE REGISTERED OWNER OF THE MOTOR VEHICLE SHALL BE LIABLE
FOR THE VIOLATION UNDER THIS SECTION.

(2) A REGISTERED OWNER IS NOT LIABLE FOR A VIOLATION UNDER THIS
SECTION IF:

(I) THE OPERATOR OF THE VEHICLE HAS BEEN ADJUDICATED TO
BE SOLELY RESPONSIBLE FOR THE VIOLATION;

(II) A PERSON OTHER THAN THE REGISTERED OWNER HAS BEEN
ADJUDICATED TO BE RESPONSIBLE FOR THE VIOLATION; OR

(III) 1. THE REGISTERED OWNER IS A LESSOR OF THE MOTOR

VEHICLE;

2. AT THE TIME OF THE VIOLATION, THE MOTOR VEHICLE
INVOLVED WAS IN THE POSSESSION OF A LESSEE; AND

3. THE LESSOR, WITHIN 30 DAYS OF THE ISSUANCE OF THE
CITATION, PROVIDES THE DEPARTMENT OR ITS AUTHORIZED AGENT WITH A COPY
OF THE LEASE AGREEMENT IDENTIFYING THE LESSEE.

 

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Session Laws, 1999
Volume 796, Page 250   View pdf image
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