Current through Register 1531, September 27, 2024
(1)
EZDriveMA System. The Department establishes the terms
and conditions governing the use of the EZDriveMA system and requires that all
users of the EZDriveMA system accept these terms and conditions. The EZDriveMA
system is comprised of E-ZPass MA and Pay By Plate.
(2)
Use of the EZDriveMA
System. No person may use or attempt to use the Department's
EZDriveMA system unless:
(a) the vehicle
driven is properly registered with the 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 Tobin Memorial
Bridge and the EZDriveMA system.
(3)
E-ZPass MA Account and Use of
On the Go Device. No person may possess an electronic device for
use with the EZDriveMA system unless:
(a) the
person is duly registered with the Department or its designated EZDriveMA
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; or
(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 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 11.03;
(f) the vehicle is properly registered with
the 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 11.02. The
Balance Due must be received by MassDOT 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 11.02. 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 11.02 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 11.02. 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 NOL Balance Due must be paid immediately. The issuance of
an NOL constitutes notification that enforcement action with the RMV/DMV has
been taken in accordance with
700 CMR
11.06(7)(d).
(e) MassDOT may assess a higher toll rate or
other fee to a Pay By Plate customers, for the costs associated with
administering the Pay By Plate program.
(5)
Unauthorized
Use. Only customers in good standing who comply with applicable
regulations and terms and conditions, are authorized to use the EZDriveMA
system. A person who operates a motor vehicle which is not an authorized
E-ZPass MA equipped Motor Vehicle, or a customer of another agency or entity
that has electronic toll collection reciprocity with MassDOT, shall be
considered a Pay By Plate customer and shall be subject to the provisions of
700 CMR 11.04. 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 EZDriveMA system.
(6)
Assessment of
Toll. The Registered Owner of record or responsible party, where
applicable, of a motor vehicle that travels on the Tobin Memorial Bridge incurs
a toll. The Department assesses the appropriate toll charge against the
corresponding E-ZPass MA account, customer of another agency or entity that has
electronic toll collection reciprocity with MassDOT, or Pay By Plate
account.
(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
EZDriveMA system to assess or collect the toll due under
700 CMR 11.03 or the non
payment of the toll. Failure to comply with 700 CMR 11.04(7) shall be
considered toll evasion and/or unauthorized use of the EZDriveMA
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 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, 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 fines or
penalties that the Department assesses in accordance with
700 CMR 11.00.
(9)
Toll Rate
Discount. Pay By Plate customers and non-EZDriveMA customers shall
not be eligible for the toll discount program provided for in M.G.L. c. 6C,
§ 13(b), Said discount shall only be available to two-axle passenger
vehicles listed on a passenger E-ZPass MA accounts.
