(1) A person may not use any toll facility without payment of tolls, except as specifically provided by statute, ordinance, regulation or rule of a governing entity.

(2) If a vehicle is found by automated devices, visual observation, or otherwise to have evaded tolls on any toll facility, the processing agency shall, within thirty (30) days of the violation, forward to the registered owner of the vehicle involved in the violation, by certified mail, return receipt requested, or by personal delivery, a notice of toll evasion violation setting forth the violation, including reference to the statute, ordinance, regulation or rule violated, the approximate time and location of the violation and the amount of the toll owed by the violator. Included with the notice of toll evasion violation shall be an affidavit of nonliability that complies with the requirements of Section 65-43-81. In the case of joint ownership of a motor vehicle, the notice must be mailed to the first name appearing on the registration, unless the first name is a business organization, in which case the second name appearing on the registration may be used. Mailing the notice to the address provided for notice or personal delivery constitutes legal notification to the violator. If accurate information concerning the identity and address of the registered owner of the vehicle is not available to the processing agency within thirty (30) days of the violation, the processing agency shall have an additional forty-five (45) calendar days to obtain such information and forward the notice of toll evasion violation. If after ninety (90) calendar days of the violation the processing agency has not obtained accurate information concerning the identity and address of the registered owner of the vehicle, the processing agency may publish the notice of the toll evasion for two (2) weeks in a newspaper having general circulation in the county of the registered owner’s last known residence. This publication shall constitute legal notification to the violator. The notice of toll evasion violation shall also set forth the following:

(a) The vehicle license plate number;

(b) If practicable, the registration expiration date and the make of the vehicle;

(c) A clear and concise explanation of the procedures for contesting the violation and appealing an adverse decision.

(3) A violation of subsection (1) of this section is an infraction subject to a penalty established pursuant to Section 65-43-75. The collection of civil penalties shall be governed by the civil administrative procedures set forth in Section 65-43-77.