700 Mass. Reg. 11.07

Current through Register 1522, May 24, 2024

Section 11.07 - Penalties

(1)Exemptions. 700 CMR 11.07 does not apply to, and the Department does not impose a penalty with respect to, an operator of a motor vehicle acting in conformity with the direction of a MassDOT employee or police officer, to the operator of a vehicle actually engaged in work on a way when the requirements of the work necessitates a departure from any of the requirements of 700 CMR 11.00 and the departure does not endanger the safety of individuals or property, or to a MassDOT employee or police officer when engaged in the performance of duties that necessitates a departure from any of the requirements of 700 CMR 11.00, or to the operator of an official emergency vehicle when an emergency necessitates departure from any of the requirements of 700 CMR 11.00. 700 CMR 11.07 does not, however, relieve such an operator from other legal consequences of the operator's or individual's action.

(2)Prima Facie Responsibility. If a motor vehicle is operated on a way in violation of any provision of 700 CMR 11.00 or any other regulation or law of Massachusetts, and the identity of the operator of the motor vehicle cannot be determined, the person in whose name the motor vehicle is registered is deemed prima facie responsible for the tolls, fees, fines and other penalties except as otherwise provided in 700 CMR 11.04(8).

(3)Fines.

(a)Fines by Reference to 700 CMR 11.00. Whoever violates any provision of 700 CMR 11.00 is subject to a fine not exceeding the amount indicated in 700 CMR 11.06(6): Table 2 and 700 CMR 11.07(3): Table 3 in addition to other penalties as the laws of Massachusetts or federal law may provide. The section and general subject matter headings are provided for convenience only and do not amend or in any way affect the substance of the provisions to which they refer.

TABLE 3

Section Title	Section	General Subject Matter	Fine
Tolls	700 CMR 11.04(5) 700 CMR 11.04(7)	Unauthorized Use of E-ZPass MA and EZDriveMA System Evasion of Toll	See700 CMR 11.06(6): Table 2 $250
Traffic Operations; Safety; Limitations and Prohibitions on Use of Tobin Memorial Bridge	700 CMR 11.05(2) 700 CMR 11.05(3) 700 CMR 11.05(4) 700 CMR 11.05(5) 700 CMR 11.05(5)(a) 700 CMR 11.05(5)(b) 700 CMR 11.05(5)(c) 700 CMR 11.05(5)(d) 700 CMR 11.05(5)(e) 700 CMR 11.05(5)(f) 700 CMR 11.05(5)(g) 700 CMR 11.05(6) 700 CMR 11.05(7) 700 CMR 11.05(8) 700 CMR 11.05(9) 700 CMR 11.05(10) 700 CMR 11.05(11) 700 CMR 11.05(12)	Compliance with Order, Direction, Signage Prohibited Traffic Prohibited Vehicles Prohibited Use of Way Hitch-hiking Trash Travel on Designated Areas Advertising, Solicitation Vehicle Propelled by Muscle Power Improperly Confined Animal Improper Loading Wrong Way Travel - Direction of Traffic Reasonable Care; Not Driving So as to Endanger Stopping or Parking Removal of Vehicle Driving Under the Influence Speeding Emergency Vehicles	$50 $50 $100 $100 $50 $50 $50 $50 $100 $100 $100 $100 $50 $50 $50 $50 $50 - see700 CMR 11.07(3)(c) $50

(b)Fines for Speeding. Any individual convicted of a violation of the maximum speed limit in violation of 700 CMR 11.05(11) 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. The fine for speeding in a construction zone may be doubled in accordance with M.G.L. c. 90, § 17.

(c)Fines for Other Violations.

1. A police officer may warn or fine an operator or person for violating a provision of 700 CMR 11.00 upon determination that the operator or person has violated one or more of the provisions of 700 CMR 11.00.

2. A violation of 700 CMR 11.05(4)(a) shall be punished by a fine of $100.00.

3. A violation of 700 CMR 11.05(11) shall be punished by a fine of $50.00. An additional fine of $10.00 for each mile per hour in excess of ten miles per hour over the posted speed limit shall be assessed.

4. All other violations of 700 CMR shall be punished as follows:

a. First offense: warning or fine not to exceed $50.00.

b. Second offense within 12 months of the first offense: fine not less than $50.00 and not more than $150.00.

c. Third or any subsequent offense within 12 months of the first offense: fine not less than $150.00 and not more than $250.00.

(d)Fines for Other Violations Not Listed in 700 CMR 11.07(3): Table 3. Whoever violates any provision of 700 CMR 11.00 not listed in 700 CMR 11.07(3): Table 3 is subject to a fine not exceeding $500.00 for every such offense.

700 CMR 11.07

Amended by Mass Register Issue 1265, eff. 7/18/2014.

Amended by Mass Register Issue 1324, eff. 10/21/2016.