Current through Register 1531, September 27, 2024
(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.
