Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 274.00 - Transportation Network Companies
Section 274.14 - Enforcement
Universal Citation: 220 MA Code of Regs 220.274
Current through Register 1531, September 27, 2024
(1) If a Driver is cited for a violation for 220 CMR 274.08(1), each TNC for which the Driver provides Services shall be subject to a $500 monetary penalty by the Division. Each TNC subject to the fine shall have 30 business days to rebut the presumption that the Driver provided Services at the time of violation.
(2) If a TNC is found in violation of M.G.L. c. 1591/26 or 220 CMR 274.00, the Division shall take appropriate enforcement action that it deems necessary, including but not limited to:
(a) Refrain from issuing
Clearance Certificates;
(b)
Suspend, revoke, or deny a Permit; and
(c) Issue monetary penalties.
(3) In determining the enforcement action, the Division shall consider, without limitation:
(a) The size of the TNC based on the TNC's
intrastate operating revenues for the previous calendar year pursuant to
220 CMR
274.12(3)(b);
(b) The gravity of violation, which shall
include but not be limited to the degree of the TNC's compliance with payment
of tolls at the commercial rate pursuant to M.G.L. c. 159A1/2, §
3(c)(v);
(c) The degree to which
the TNC exercised good faith in attempting to achieve compliance or to remedy
non-compliance;
(d) Degree of
compliance with existing state and local rules and regulations; and
(e) Any previous violations by the TNC cited
by the Division.
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