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.

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.