28-7751. Definitions

In this article, unless the context otherwise requires:

1. " Administrative charge" means the amount that may be assessed for the costs of processing a notice of payment due or notice of toll evasion, including the costs to collect unpaid tolls and to pursue an administrative hearing to enforce a toll evasion.

2. " Deliver" means to send, transmit or transfer information or documents, including by United States mail, electronic mail, hand delivery or fax.

3. " 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.

4. " Lessee" :

(a) Means any person who rents, leases or contracts for the use of one or more motor vehicles and who has exclusive use of the motor vehicle for any period of time.

(b) Includes the vendee or lessee under a written agreement for the conditional sale or lease of a motor vehicle with the right to purchase in favor of the vendee or lessee on performance of the conditions stated in the agreement.

5. " Lessor" :

(a) Means any person who is engaged in the business of renting or leasing motor vehicles to any lessee under a written rental agreement, lease or other agreement that provides that the lessee has exclusive use of the motor vehicle for any period of time.

(b) Includes both of the following:

(i) The vendor or lessor under a written agreement for conditional sale or lease of a motor vehicle with the right to purchase in favor of the vendee or lessee on performance of the conditions stated in the agreement.

(ii) A commercial leasing or rental entity.

6. " Notice of payment due" means the written notice to pay the required tolls and administrative charges for vehicular use of a toll facility.

7. " Notice of toll evasion" means the second written notice of failure to pay a required payment as described in section 28-7759 that is delivered after notice of payment due is delivered.

8. " Penalties" means penalties imposed pursuant to section 28-7753.

9. " Public-private agreement" means an agreement entered into pursuant to article 1 of this chapter.

10. " Repeat toll evader" means a registered owner or any other person to whom, in a three-month period, more than four notices of toll evasion for toll nonpayments occurring on more than four separate dates have been issued pursuant to section 28-7759.

11. " Toll" means the price, fare, charge or cost established for the use of a toll facility.

12. " Toll evasion" means the failure to pay in full a notice of payment due within the required time.

13. " 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.

(b) An existing high occupancy vehicle lane that is converted to a lane that accommodates high occupancy vehicles and vehicles that are subject to a toll as long as no general purpose lanes are tolled on the same facility.

14. " Toll nonpayment" means the failure to pay in full an applicable toll for the use of a toll facility.

15. " 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.

16. " Video toll transaction" means a toll operator's use of on-facility automatic vehicle license plate recognition technology to record toll transactions and process notices of payment due in accordance with policies adopted by the toll operator.