700 CMR 7.04 - EZDrive MA Toll Collection

(1) EZDrive MA System. The Department from time to time establishes the terms and conditions governing the use of the E-ZDrive MA system and requires that all users of the EZDrive MA System accept these terms and conditions. The EZDrive MA system is comprised of E-ZPass MA and Pay By Plate.

(2) Use of the EZDrive MA System. No person may use or attempt to use the Department's EZDrive MA system unless:

(a) the vehicle driven is properly registered with the appropriate RMV/DMV;

(b) the vehicle license plate number, jurisdiction, and other identifying characters on the license plate are all clearly visible at all times and the license plate(s) is/are unobstructed and mounted in compliance with M.G.L. c. 90, § 6; and

(c) the person agrees to adhere to all laws, regulations and terms and conditions governing the use of the Massachusetts Turnpike, MHS and the EZDrive MA system.

(3) E-ZPass MA Account and Use of On the Go Device. No person may possess an electronic device for use with the EZDrive MA system unless:

(a) the person is duly registered with the Department or its designated EZDrive MA contractor as an Account Holder; or

(b) the person is operating an authorized E-ZPass MA equipped Motor Vehicle with the permission of the Account Holder of the E-ZPass MA equipped Motor Vehicle; and

(c) the person has a valid OTG device and is using MassDOT facilities in accordance with applicable regulations and terms and conditions; or

(d) the person is using a valid electronic device of an electronic toll collection system of another jurisdiction that maintains reciprocity with the Department; and

(e) the person is operating a valid E-ZPass MA-equipped Motor Vehicle and that device is properly programmed to assess the appropriate toll charge as determined by the Department from time to time, for the classification of the vehicle that is using the E-ZPass MA System in accordance with the classification of that vehicle enumerated in 700 CMR 7.03;

(f) the vehicle is properly registered with the appropriate RMV/DMV; and

(g) the electronic device is properly mounted and operable and the associated account is in good standing.

(4) Pay By Plate Program. Driving on a MassDOT toll roadway without an E-ZPass MA account, Pay By Plate Registered account, or a toll account of another agency that has toll reciprocity with MassDOT, will result in an invoice issued to the registered owner or responsible party, where applicable, based on an image taken of the vehicle license plate or other identifying information. Pay By Plate invoices and notices will be issued according to the following processes:

(a) Pay By Plate Invoice is an itemized statement issued to the vehicle's registered owner of record, or other responsible party, where applicable, in accordance with 700 CMR 7.02. The Registered Owner or responsible party must pay the Balance Due by the Payment Due Date on the Pay By Plate Invoice.

(b) Pay By Plate Past Due Invoice is an itemized statement issued to the vehicle's registered owner of record, or other responsible party, in accordance with 700 CMR 7.02 The Balance Due must be received by MassDOT by the Payment Due Date on the Pay By Plate Past Due Invoice. Late fees, fines, or other penalties may be assessed when any portion of the Balance Due from the Pay By Plate Invoice is outstanding after the Pay By Plate Invoice Payment Due Date.

(c) Pay By Plate Notice of Non Payment (NONP) is an itemized statement issued to the vehicle's registered owner of record, or other responsible party, where applicable, in accordance with 700 CMR 7.02 The Balance Due must be received by MassDOT by the Payment Due Date on the Pay By Plate NONP. Late fees, fines, or other penalties may be assessed when any portion of the Balance Due from the Pay By Plate Past Due Invoice is outstanding after the Pay By Plate Past Due Invoice Payment Due Date.

(d) Pay By Plate Notice of Liability (NOL) is an itemized statement issued to the vehicle's registered owner of record, or other responsible party, where applicable, in accordance with 700 CMR 7.02. Late fees, fines, or other penalties may be assessed when any portion of the Balance Due from the Pay By Plate NONP is outstanding after the Pay By Plate NONP Payment Due Date. The Registered Owner must pay the NOL Balance Due immediately. The issuance of an NOL constitutes notification that enforcement action with the RMV/DMV has been taken in accordance with 700 CMR 7.05(4).

(e) MassDOT may assess a higher toll rate or other fee to a Pay By Plate customer, for the costs associated with administering the Pay By Plate program.

(5) Unauthorized Use . Only customers in good standing who comply with applicable terms and conditions and rules and regulations are authorized to use the EZDrive MA system. A person who operates a motor vehicle which is not an authorized E-ZPass MA equipped Motor Vehicle, listed on a Pay By Plate Registered account, or using an electronic toll collection device of another agency or entity that has toll collection reciprocity with MassDOT, shall be considered a Pay By Plate customer and shall be subject to the provisions of 700 CMR 7.04. A person who has been issued a Notice of Liability for failure to pay one or more Pay By Plate invoices, and said invoices remain unpaid, shall not be authorized to use the EZDrive MA system.

(6) Assessment of Toll . A motor vehicle that travels on the tolled portions of the Massachusetts Turnpike and/or the MHS will incur a toll. The Department assesses the appropriate toll charge against the corresponding E-ZPass MA Account Holder or for Pay By Plate account to the Registered Owner of record of the vehicle or responsible party, where applicable.

(7) Evasion of Toll by Device or Method. No person may use or attempt to use any device or method, the intended result of which is the inability of the EZDrive MA system to assess or collect the toll due under 700 CMR 7.03 or the nonpayment of the toll. Failure to comply with 700 CMR 7.04(7) shall be considered toll evasion and/or unauthorized use of the EZDrive MA system.

(8) Prima Facie Responsibility. The registered owner of record of the motor vehicle is prima facie responsible for the payment of the tolls, fees, fines and/or penalties that the Department assesses with respect to the nonpayment of the toll, unless:

(a) Stolen Vehicle . The registered owner of record has reported in a timely manner to a police agency that the subject vehicle has been stolen, and the subject vehicle remained stolen at the time of the toll transaction; or

(b) Leased or Rented Vehicle . The registered owner of record is in the business of leasing or renting motor vehicles and provides to MassDOT by the Payment Due Date on the Pay By Plate invoice, a completed transfer of responsibility form or other form as required by MassDOT, a copy of a lease, rental or similar contract document indicating that the vehicle was leased or rented at the time of the toll transaction and the identity, current address and driver's license information 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 tolls, fees, fines or penalties that the Department assesses in accordance with 700 CMR 7.00. If MassDOT is unable to discern who the responsible party is based on the information provided to MassDOT from the registered owner, the registered owner of record of the motor vehicle shall be responsible for the payment of the tolls, fees, fines, and/or penalties.

In the case of a leased or rented vehicle, and provided the registered owner complies with the requirements in 700 CMR 7.04(8), MassDOT may electronically transfer or assess the tolls, fees, fines or penalties directly to the EZDrive MA account of the lessee or responsible party. Registered owners who are in the business of leasing or renting motor vehicles may also enroll in a violation avoidance account, as determined by MassDOT.

(9) Toll Rate Discount. Pay By Plate customers and non-EZDrive MA customers shall not be eligible for the toll discount program provided for in M.G.L. c. 6C, § 13(b), Toll rate discounts shall only be available to two-axle passenger vehicles listed on passenger E-ZPass MA accounts.

Notes

700 CMR 7.04

Amended by Mass Register Issue 1324, eff. 10/21/2016. Amended by Mass Register Issue 1384, eff. 2/8/2019. Amended by Mass Register Issue 1467, eff. 4/15/2022.