The Authority from time to time establishes the terms and conditions governing the use of an ETC system and requires that account holders accept these terms and conditions.
No person may use the Authority's ETC system or possess an electronic device that the Authority issues for use with its ETC system unless:
1. the person is duly registered with the Authority as a current account holder;
2. the person is operating an authorized ETC-equipped motor vehicle with the permission of the account holder of the ETC-equipped motor vehicle; or
3. the person is using an electronic device of an electronic toll collection system of another jurisdiction that the Authority accepts for use in its ETC system.
A motor vehicle that is not an authorized ETC-equipped motor vehicle may not pass through a dedicated ETC toll lane. A motor vehicle that is not an authorized ETC-equipped motor vehicle may pass through an ETC toll lane where there are means existing in the lane other than an ETC system for the collection of the appropriate toll and the operator of the motor vehicle pays the toll.
An ETC-equipped motor vehicle that passes through an ETC toll lane incurs a toll in accordance with 730 CMR 7.03(1). The Authority assesses the appropriate toll charge against the corresponding account holder.
No person may use or attempt to use any device or method, the intended result of which is the inability of an ETC system to assess or collect the toll due under 730 CMR 7.03 or the non-payment of the toll.
The registered owner is prima facie responsible for the payment of the fines or penalties that the Authority assesses in accordance with 730 CMR 7.12(3)(a) with respect to a violation of 730 CMR 7.04, unless:
(a) Stolen Vehicle. The registered owner has reported in a timely manner to a police agency that the violating vehicle has been stolen, and the violating vehicle remained stolen at the time of the violation of 730 CMR 7.04; or
(b) Leased or Rented Vehicle. The registered owner is in the business of leasing or renting motor vehicles and provides a copy of a lease, rental, or similar contract document indicating that the violating vehicle was leased or rented at the time of the violation and the identity and address of the person entitled to possession is discernible from the document, in which case that person is prima facie responsible for the payment of the fines or penalties that the Authority assesses in accordance with 730 CMR 7.04.
A violation clerk may enforce the provisions of 730 CMR 7.04.
The Authority may, from time to time designate one or more violation clerks to perform the functions specified in 730 CMR 7.04(5)(c) at the pleasure of the Authority and for such finite or indefinite period as the Authority deems desirable.
The violation clerks supervise and coordinate the processing of violation notices in accordance with 730 CMR 7.04(5)(a). The violation clerks may, subject to the fiscal and managerial approval and oversight of the Authority, hire or designate such personnel and organize such divisions as the violation clerks may deem necessary, or contract for such services, in order to carry out the provisions of 730 CMR 7.04(5)(c).
1. Information Regarding the Specific Offense. A violation notice includes, but is not limited to, the following information: the registration number and state of issuance of the registration number of the vehicle involved; the name of the registered owner of the vehicle; the type and color of the vehicle; the date, time and place of the violation; the specific violation charged by reference to the appropriate entry in 730 CMR 7.00: Table 10; the applicable fines or penalties that the Authority has established; the name and identification number of the violation clerk authorized to enforce the provisions of 730 CMR 7.04; and such other information as the Authority may deem appropriate.
2. Notice of Requirement to Respond. A violation notice states that the registered owner must pay the fine stated in the violation notice or appeal the violation within 21 calendar days after the date of the issuance of the violation notice and describes the means and content of the response for payment or appeal.
1. Delivery of Violation Notice. A violation clerk issues and certifies the violation notice and sends the violation notice as soon as practicable by first class mail to the registered owner of the vehicle at the address of the registrant, on record with the Massachusetts Registry of Motor Vehicles, or, in the case of a motor vehicle registered under the laws of another state or jurisdiction, at the address of the registrant on record with the official in the state or other jurisdiction having charge of the registration of the vehicle.
2. Prima Facie Evidence of Notice. Delivery by first class mail of a copy of the violation notice as specified in 730 CMR 7.04(5)(e) 1 is sufficient notice of the violation. Certification of the violation notice by a violation clerk is prima facie evidence of the facts contained therein and is admissible in any administrative or judicial proceeding to adjudicate the liability for the violation. The violation clerks shall maintain a docket of all copies of violation notices.
Within 21 calendar days after the date of the issuance of the violation notice, the registered owner to whom the violation notice is issued must make one of the following responses: (a) pay the fine as provided by 730 CMR 7.04(5)(f) 1.; (b) send a written dispute by mail as provided by 730 CMR 7.04(5)(f) 2.; or (c) request a hearing as provided by 730 CMR 7.04(5)(f) 3.
1. Payment of Fine. The registered owner shall pay the fine as specified in the violation notice.
2. Appeal by Mail. The registered owner may, without waiving the right to a hearing before a violation clerk as provided by 730 CMR 7.04(5)(f) 3., and also without waiving judicial review as provided by M. G. L. c. 30A, §14, appeal a violation notice and receive a review and disposition of the violation from a violation clerk by mail. The appeal by mail must contain a signed statement from the registered owner explaining the basis for the appeal. The signed statement may be accompanied by signed statements from witnesses, police officers, government officials, or other relevant parties or photographs, diagrams, maps or other relevant documents that the registered owner determines to submit. Statements or materials sent to a violation clerk for review must have attached to them the name and address of the registered owner as well as the number of the violation notice and the date of the violation. All information submitted by the registered owner becomes part of the violation record. The violation clerk shall, within 60 days of receipt of such material, review the material and dismiss or uphold the violation and notify the registered owner of the disposition of the hearing in writing by mail. If the appeal by mail is denied, the violation clerk shall explain the reasons for the determination. The review and disposition handled by mail is informal, the rules of evidence do not apply, and the decision of the violation clerk is final subject to the hearing provisions provided by 730 CMR 7.04(5)(f) 3. and to judicial review as provided by M. G. L. c. 30A, §14.
3. Request for Hearing. Consistent with the provisions of M. G. L. c. 30A, a person issued a violation notice may make a written request for an appeal hearing before a violation clerk designated by the Authority. The violation clerk then notifies the registered owner in writing by first class mail of the date, time, and place of the hearing. The hearing is informal, the rules of evidence do not apply, and the decision of the violation clerk is final, subject to judicial review as provided by M. G. L. c. 30A, §14. Parties are notified in person or by mail of the decision following the hearing. Each written appeal decision contains a statement of reasons for the decision including a determination of each issue of fact necessary to the decision. Failure to appear at the date, time, and place specified on the hearing notice automatically results in the denial of the appeal.
4. The provisions of 730 CMR 7.04(5) do not apply to Uniform Traffic Citations issued by Massachusetts State Police officers pursuant to M. G. L. c. 90C. In accordance with the provisions of M. G. L. c. 81A, §4(k), a violation of the Authority's regulations that results in the issuance of a Uniform Traffic Citation by a Massachusetts State Police officer under M. G. L. c. 90C, is subject to the procedures that M. G. L. c. 90C provides.
Failure to comply with the requirements of 730 CMR 7.04(5)(f) shall result in the following sanctions against the registered owner.
1. Additional Fines or Penalties. The Authority assesses the following additional fines or penalties for late payment, failure to pay, or for otherwise failing to respond to a violation notice as provided by 730 CMR 7.04(5)(f).
a. Failure to Respond Within 21 Days After the Date of Issuance of a Violation Notice. A registered owner who fails to pay the fine specified in a violation notice and who fails to appeal a violation notice as provided by 730 CMR 7.04( 5)( f) within 21 calendar days after the date of the issuance of the violation notice shall pay an additional penalty of $5.00. The violation clerk notifies the registered owner by first class mail of this first notice of delinquency.
b. Failure to Respond To Notice of Delinquency. A registered owner who fails to respond to a violation notice as provided by 730 CMR 7.04( 5)( f) within 45 calendar days after the date of the issuance of the violation notice shall pay an additional penalty of $15.00. The violation clerk notifies the registered owner by first class mail of this final notice.
c. Failure to Respond To Final Notice. A registered owner who fails to respond to a violation notice as provided by 730 CMR 7.04(5)(f) within 60 calendar days after the date of the issuance of the violation notice shall pay an additional penalty of $20.00. The violation clerk notifies the registered owner by first class mail of this notice of liability and, in addition, notifies the Registrar of Motor Vehicles who shall place the matter on record and, upon receipt of a notice of liability, the Registrar shall not renew the registered owner's license to operate the vehicle or the registration of the vehicle until after notice from the violation clerk that all such matters have been disposed of in accordance with applicable law or regulation. If the registered owner is a resident of another state or jurisdiction, the Registrar shall revoke the registered owner's right to operate in the Commonwealth until the matter has been disposed of in accordance with applicable law or regulation.
2. Civil or Criminal Action. The Authority may pursue such civil or criminal action as it deems appropriate to collect the fine initially assessed in the violation notice as well as such additional fines or penalties as the Authority may assess in accordance with 730 CMR 7.04(5)(g) 1.
The Authority shall maintain the confidentiality of all information including, but not limited to, photographs or other recorded images and credit and account data relative to account holders who participate in its ETC system.
Any electronic or other automated system of toll collection used by the Authority is regularly tested and maintained to promote accurate and efficient determinations as to payment or evasion of tolls. Any violation notice based in whole or in part upon inspection of any photograph or other recorded image of a motor vehicle and the written certification by a violation clerk shall be prima facie evidence of the facts contained therein and shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such violation.
Aircraft are prohibited from landing on a way except in an emergency. No aircraft may take-off in flight from any portion of a way except with the written approval of the Chief Engineer. Removal of an aircraft from a way by means other than take-off in flight requires the approval of the Massachusetts State Police.
An operator may not operate a vehicle carelessly or negligently or in disregard of the rights or safety of others or without due caution and circumspection.
An operator may not operate a vehicle that is constructed, equipped, or loaded so as to endanger unreasonably or to be likely to endanger unreasonably individuals or property.
An Operator may not operate a vehicle at a rate of speed greater than that that is reasonable and proper, having due regard for traffic, the condition of the roadway, and the safety of the public and property.
An operator may not operate a vehicle at a speed or in a manner so as to endanger unreasonably or the be likely to endanger unreasonably persons or property.
An operator may not operate a vehicle at a rate of speed greater than that of the maximum speed limit indicated in 730 CMR 7.00: Table 9 for the way. An operator may not operate a vehicle in excess of any lesser maximum speed limit for the way that the Authority has posted on a sign on the way. An operator may not operate a vehicle at a rate of speed less than that of the the minimum speed limit indicated in 730 CMR 7.00: Table 9 for the way except while traveling in a creeper lane, acceleration lane, or deceleration lane; over a portion of a way where the authority has posted a lesser minimum speed limit on a sign; when the vehicle is incapable of operation at the minimum speed because of mechanical failure; when weather or roadway conditions require traveling at a lesser speed; or if the vehicle is an over-weight vehicle or over-size vehicle operating in conformance with a special permit, in which case the vehicle must be capable of maintaining a minimum speed of 20 miles per hour unless the special permit provides otherwise.
|Way||Maximum Speed Limit||Minimum Speed Limit|
|Turnpike between the New York State border and Interchange 14 in Weston, eastbound, and from Interchange 15 in Newton to the New York State border, westbound.||65 m.p.h.||40 m.p.h.|
|Turnpike, all other portions||55 m.p.h.||40 m.p.h.|
|Callahan and Sumner Tunnels||35 m.p.h.||20 m.p.h.|
|Ted Williams Tunnel||40 m.p.h.||20 m.p.h.|
|Any Other Way||55 m.p.h.||40 m.p.h.|
The Authority posts signs notifying operators that they are entering a construction zone or maintenance work zone on a way, indicating the speed limit within the zone, and indicating the fine for speeding within the zone as provided in 730 CMR 7.12(3)(a).
An operator may not drive a vehicle in such a zone at a speed in excess of the posted speed limit.
An operator may not drive a vehicle in areas within such a zone from which the vehicle is excluded as indicated by a sign.
An operator may not operate a vehicle in such a zone in a careless manner, including striking, moving, or interfering with a sign.
The operator of a truck, bus, school bus, or slow-moving motor vehicle in the Tunnels shall drive only in the right-hand lane unless a toll collector, Massachusetts State Police officer, or sign otherwise directs.
The operator of a motor vehicle on a way other than the Tunnels shall drive in the lane nearest the right shoulder of the roadway, when that lane is available for ordinary travel, except when overtaking another vehicle in that lane or at the direction of a Massachusetts State Police officer or sign. When the lane nearest the right shoulder of the roadway is a creeper lane or breakdown lane, an operator shall drive in the lane adjacent to the creeper lane or breakdown lane, except when overtaking another vehicle in that lane or at the direction of a Massachusetts State Police officer or sign.
The operator of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle and traffic conditions.
No operator may operate a motor vehicle without engaging the gears of the motor vehicle's transmission.
No operator of a motor vehicle may enter a way unless the motor vehicle carries a fuel or energy supply in its main fuel reservoir or energy supply source sufficient to enable it to complete its passage on the way without stopping to refuel or re-energize, except at designated service areas.
No person may cut, mutilate, or remove a tree, shrub, or plant located on a way. No person may paint, mark, or mar any wall, bridge, or other structure on a way.
A vehicle carrying a hazardous material may not enter or use the Tunnels.
If a vehicle is operated on a way in violation of any provision of 730 CMR 7.00 or any other regulation or law of the Commonwealth of Massachusetts, and the identity of the operator of the vehicle can not be determined, the person in whose name the vehicle is registered is deemed prima facie responsible for the violation, except as otherwise provided with respect to the responsibility of an account holder under 730 CMR 7.04(5).
Any individual convicted of a violation of the maximum speed limit in violation of 730 CMR 7.08(6)(c) is subject to punishment by a fine of not less than $50.00. Where such conviction is for operating a motor vehicle at a rate of speed exceeding ten miles per hour over the speed limit, an additional fine of $10.00 for each mile per hour in excess of the ten miles per hour is assessed, to a maximum fine of $500.00.