(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
|
See
700 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, ยง 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.
Notes
Amended by
Mass
Register Issue 1265, eff. 7/18/2014.
Amended by
Mass
Register Issue 1324, eff.
10/21/2016.