Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges
Section 5.103 - Continuance and Severability

Universal Citation: 700 MA Code of Regs 700.5

Current through Register 1531, September 27, 2024

(1) Continuance. Under authority granted by St. 2009, c. 25, § 147, on and after November 2, 2009, the provisions of 700 CMR 5.300 through 5.500 shall be implemented by the Department of Conservation and Recreation and the Department of Conservation and Recreation is authorized to so implement in accordance with the Memorandum of Understanding. Except as provided in the MOU and 700 CMR 5.103(2), all permits, authorizations and approvals respecting the transferred Roadways and Bridges shall be implemented by MassDOT.

(2) DCR Authorization. The DCR is hereby authorized to take actions on the transferred Roadways and Bridges to implement and enforce traffic and pedestrian rules, including the use of crossing guards, and to continue to impose fines, hold hearings and collect revenue relating to such fines. DCR shall also have authority to issue special event permits in coordination with MassDOT.

(3) Severability. The provisions of 700 CMR 5.000 shall be deemed severable. If any of its provisions shall be held to be invalid or unconstitutional by any court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

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