§ 2985. Owner liability for failure of operator to comply with toll\ncollection regulations. 1. Notwithstanding any other provision of law,\nevery public authority which operates a toll highway bridge and/or\ntunnel facility is hereby authorized and empowered to impose monetary\nliability on the owner of a vehicle for failure of an operator thereof\nto comply with the toll collection regulations of such public authority\nin accordance with the provisions of this section.\n 2. The owner of a vehicle shall be liable for a civil penalty imposed\npursuant to this section if such vehicle was used or operated with the\npermission of the owner, express or implied, in violation of toll\ncollection regulations, and such violation is evidenced by information\nobtained from a photo-monitoring system, provided, however, that no\nowner of a vehicle shall be liable for a penalty imposed pursuant to\nthis section where the operator of such vehicle has been convicted of a\nviolation of toll collection regulations for the same incident.\n 3. For purposes of this section, the term "owner" shall mean any\nperson, corporation, partnership, firm, agency, association, lessor or\norganization who, at the time of the violation and with respect to the\nvehicle identified in the notice of liability: (a) is the beneficial or\nequitable owner of such vehicle; or (b) has title to such vehicle; or\n(c) is the registrant or co-registrant of such vehicle which is\nregistered with the department of motor vehicles of this state or any\nother state, territory, district, province, nation or other\njurisdiction; or (d) subject to the limitations set forth in subdivision\nten of this section, uses such vehicle in its vehicle renting and/or\nleasing business; and includes (e) a person entitled to the use and\npossession of a vehicle subject to a security interest in another\nperson. For purposes of this section, the term "photo-monitoring system"\nshall mean a vehicle sensor installed to work in conjunction with a toll\ncollection facility which automatically produces one or more\nphotographs, one or more microphotographs, a videotape or other recorded\nimages of each vehicle at the time it is used or operated in violation\nof toll collection regulations. For purposes of this section, the term\n"toll collection regulations" shall mean: those rules and regulations of\na public authority providing for and requiring the payment of tolls\nand/or charges prescribed by such public authority for the use of\nbridges, tunnels or highways under its jurisdiction or those rules and\nregulations of a public authority making it unlawful to refuse to pay or\nto evade or to attempt to evade the payment of all or part of any toll\nand/or charge for the use of bridges, tunnels or highways under the\njurisdiction of such public authority. For purposes of this section, the\nterm "vehicle" shall mean every device in, upon or by which a person or\nproperty is or may be transported or drawn upon a highway, except\ndevices used exclusively upon stationary rails or tracks.\n 4. A certificate, sworn to or affirmed by an agent of the public\nauthority which charged that the violation occurred, or a facsimile\nthereof, based upon inspection of photographs, microphotographs,\nvideotape or other recorded images produced by a photo-monitoring system\nshall be prima facie evidence of the facts contained therein and shall\nbe admissible in any proceeding charging a violation of toll collection\nregulations, provided that any photographs, microphotographs, videotape\nor other recorded images evidencing such a violation shall be available\nfor inspection and admission into evidence in any proceeding to\nadjudicate the liability for such violation.\n 5. An owner found liable for a violation of toll collection\nregulations pursuant to this section shall for a first violation thereof\nbe liable for a monetary penalty not to exceed fifty dollars or two\ntimes the toll evaded whichever is greater; fo
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