West Virginia Code § 17-16D-7

Owner who is lessor
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(a) An owner of a vehicle who is a lessor of the vehicle used in violation of the toll collection
monitoring system regulations of the authority shall not be responsible for the violation of
this article if the lessor submits to the Parkways Authority, in a timely manner, the name and
address of the lessee who leased the vehicle on the day of the violation: Provided, That a
lessor shall provide a copy of the rental agreement, lease or other contract deocument
covering that vehicle on the date of the violation to the Parkways Authority upon written
request for a violation that is in litigation. r
(b) If the lessor fails to provide the information in a timely mannuer, the lessor shall be held
responsible for the violation of this article. If the lessor provides the required information to
the Parkways Authority, the lessee of the vehicle on the datet of the violation shall be deemed
to be the owner of the vehicle for the purposes of enforcement of the violation of this article.
(c) Except as otherwise provided in this subsection, a certified report of an employee or
agent of the authority reporting a violation of the tolll collection monitoring system rules and
regulations and any information obtained froms a toll collection monitoring system shall be
available for the exclusive use of the Parkways Authority and any law enforcement official
for the purposes of discharging their duties under this article and the toll collection
monitoring system rules and regulatgions. Any such report or information shall not be
deemed a public record under article one, chapter twenty-nine-b of this code or the common
law concerning access to publeic records. The certified reports and information, including but
not limited to, any recorded image of any motor vehicle, the license plate of any motor
vehicle or the operator oLr any passenger in any motor vehicle, shall not be discoverable as a
public record by any person, entity or governmental agency, except pursuant to a properly
issued subpoena or by an order of a court of competent jurisdiction, nor shall they be offered
in evidence in any civil or administrative proceeding, not directly related to a violation of the
toll collection monitoring system rules and regulations, or in any municipal court
prosecution for a violation of the motor vehicle laws of this state. However, in the event that,
notWwithstanding the provisions of subsection (c), section nine of this article, a recorded
image of the face of the operator or any passenger in a motor vehicle is produced by the toll
collection monitoring system, that image shall not be used by the Parkways Authority for any
purpose nor shall the image or any record or copy thereof be transmitted or communicated
to any person, governmental, non-governmental, or judicial or administrative entity.

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