(b)  A  notice  of liability shall contain the name and address of the
person alleged to be  liable  as  an  owner  for  a  violation  of  toll
collection regulations pursuant to this section, the registration number
of  the  vehicle  involved  in  such  violation, the location where such
violation took place, the date  and  time  of  such  violation  and  the
identification  number of the photo-monitoring system which recorded the
violation or other document locator number.
  (c) The notice of liability shall  contain  information  advising  the
person  charged  of  the manner and the time in which he may contest the
liability alleged in the notice. Such notice  of  liability  shall  also
contain  a warning to advise the persons charged that failure to contest
in the manner  and  time  provided  shall  be  deemed  an  admission  of
liability and that a default judgment may be entered thereon.
  (d) The notice of liability shall be prepared and mailed by the public
authority having jurisdiction over the toll facility where the violation
of toll collection regulations occurred.
  8.  Adjudication  of the liability imposed upon owners by this section
shall be by the entity having jurisdiction over violations of the  rules
and  regulations of the public authority serving the notice of liability
or where authorized by an administrative  tribunal  and  all  violations
shall  be  heard  and determined in the county in which the violation is
alleged to have occurred, or in New York city and upon  the  consent  of
both  parties,  in  any  county within New York city in which the public
authority operates or maintains a facility, and in the  same  manner  as
charges  of  other  regulatory  violations  of  such public authority or
pursuant to the rules and regulations of such administrative tribunal as
the case may be.
  9. If an owner receives a notice of liability pursuant to this section
for any time period during which the vehicle was reported to the  police
department  as  having  been  stolen,  it shall be a valid defense to an
allegation of liability for a violation of toll  collection  regulations
that  the vehicle had been reported to the police as stolen prior to the
time the violation occurred and had not been recovered by such time.  If
an owner receives a notice of liability pursuant to this section for any
time period during which the vehicle was stolen, but not as yet reported
to  the  police as having been stolen, it shall be a valid defense to an
allegation of liability for a violation of toll  collection  regulations
pursuant  to this section that the vehicle was reported as stolen within
two hours after the discovery of the theft by the owner.   For  purposes
of  asserting  the  defense  provided  by  this  subdivision it shall be
sufficient that a certified copy of the  police  report  on  the  stolen
vehicle  be sent by first class mail to the court or other entity having
jurisdiction.
  10. An owner who is a lessor  of  a  vehicle  to  which  a  notice  of
liability was issued pursuant to subdivision seven of this section shall
not  be  liable  for  the  violation  of  the toll collection regulation
provided that he or she sends to the public authority serving the notice
of liability and to the court or other entity having jurisdiction a copy
of the rental, lease or  other  such  contract  document  covering  such
vehicle  on  the date of the violation, with the name and address of the
lessee clearly legible, within thirty days after receiving the  original
notice of liability. Failure to send such information within such thirty
day  time  period  shall  render  the  lessor  liable  for  the  penalty
prescribed  by  this  section.  Where  the  lessor  complies  with   the
provisions  of  this subdivision, the lessee of such vehicle on the date
of such violation shall be deemed to be the owner of  such  vehicle  for
purposes  of  this  section  and  shall  be subject to liability for the
violation of toll  collection  regulations,  provided  that  the  public
authority  mails  a  notice  of  liability to the lessee within ten days
after the court, or other entity having jurisdiction, deems  the  lessee
to  be  the  owner.  For  purposes of this subdivision the term "lessor"
shall  mean  any  person,  corporation,   firm,   partnership,   agency,
association  or  organization  engaged  in  the  business  of renting or
leasing vehicles to any  lessee  under  a  rental  agreement,  lease  or
otherwise  wherein the said lessee has the exclusive use of said vehicle
for any period of time. For  purposes  of  this  subdivision,  the  term
"lessee"  shall mean any person, corporation, firm, partnership, agency,
association or organization that rents, leases or contracts for the  use
of  one or more vehicles and has exclusive use thereof for any period of
time.
  11. Except as provided in subdivision ten of this section, if a person
receives a notice of liability pursuant to this section it  shall  be  a
valid  defense  to  an  allegation  of liability for a violation of toll
collection regulations that the individual who received  the  notice  of
liability  pursuant  to this section was not the owner of the vehicle at
the time the violation occurred. If the owner liable for a violation  of
toll  collection  regulations  pursuant  to  this  section  was  not the
operator of the vehicle at the time of  the  violation,  the  owner  may
maintain an action for indemnification against the operator.
  12.  "Electronic  toll  collection  system"  shall  mean  a  system of
collecting tolls or charges which is  capable  of  charging  an  account
holder  the  appropriate  toll  or charge by transmission of information
from an electronic device on a motor vehicle to  the  toll  lane,  which
information  is  used  to  charge  the  account  the appropriate toll or
charge. In adopting procedures for the  preparation  and  mailing  of  a
notice  of  liability, the public authority having jurisdiction over the
toll facility shall adopt  guidelines  to  ensure  adequate  and  timely
notice  to  all  electronic  toll  collection  system account holders to
inform them when their accounts are  delinquent.  An  owner  who  is  an
account  holder under the electronic toll collection system shall not be
found liable for a violation of this section unless such  authority  has
first  sent  a  notice  of  delinquency  to  such account holder and the
account holder was in fact delinquent at the time of the violation.
  13. Nothing in this section shall be construed to limit the  liability
of  an  operator  of  a  vehicle  for  any  violation of toll collection
regulations.
  14. Notwithstanding any  other  provision  of  law,  all  photographs,
microphotographs,  videotape  or other recorded images prepared pursuant
to this section shall be for the exclusive use of a public authority  in
the  discharge of its duties under this section and shall not be open to
the  public nor be used in any court in any action or proceeding pending
therein unless such action or proceeding relates to the imposition of or
indemnification for liability  pursuant  to  this  section.  The  public
authority  shall  not sell, distribute or make available in any way, the
names  and  addresses  of  electronic  toll  collection  system  account
holders,  without  such account holders' consent to any entity that will
use such information  for  any  commercial  purpose  provided  that  the
foregoing  restriction  shall  not be deemed to preclude the exchange of
such information between any entities  with  jurisdiction  over  and  or
operating a toll highway bridge and/or tunnel facility.
Structure New York Laws