Current through Register 1531, September 27, 2024
(1)
Enforcement. Operators who use the EZDrive MA system
acknowledge and authorize MassDOT or its contractor to acquire the name and
address of the Registered Owner of record of the vehicle for purposes of
EZDrive MA toll collection and enforcement. A Clerk may enforce the provisions
of 700 CMR 7.05.
(2)
Designation of Clerks. MassDOT may designate one or
more Clerks to perform the functions specified in 700 CMR 7.05(3) for MassDOT
and for such finite or indefinite period as MassDOT deems desirable.
(3)
Functions of the
Clerks. The Clerks coordinate and administer the processing of
EZDrive MA statements, invoices and notices, and any and all other duties and
tasks associated with toll collection, toll enforcement, and the EZDrive MA
system. MassDOT may hire or designate such personnel and organize such
divisions as MassDOT may deem necessary, or contract for such services, in
order to carry out the provisions of 700 CMR 7.05(3).
(4)
Issuance and Content of Pay
By Plate Invoices and Notices.
(a)
Information regarding the
Balance Due. A Pay By Plate Invoice and notice include, but is not
limited to, the following information: the registration number and state of
issuance of the registration number of the vehicle involved; the name of the
registered owner of the vehicle, or other responsible party where applicable;
the lessee or renter as identified by
700 CMR
7.04(8)(b); the date, time
and place of the transaction; the total amount owed; the applicable fines or
penalties incurred that MassDOT has assessed; and such other information as
MassDOT may deem appropriate.
(b)
Notice of Requirement to Respond. A Pay By Plate
invoice and notice states that the Registered Owner of record or responsible
party where applicable, must pay the Balance Due by the Payment Due Date,
appeal, or request a hearing for these items. The invoice and notice describes
the means and content of the response for payment or appeal.
(c)
Delivery of Invoice and
Notice. A Clerk issues and may certify invoices and notices as
soon as practicable by mail to the Registered Owner of the vehicle or
responsible party, where applicable at the address of the registrant on record
with the Massachusetts Registry of Motor Vehicles, or, in the case of a motor
vehicle registered under the laws of another state or jurisdiction, at the
address of the registrant on record with the official in the state or other
jurisdiction having charge of the registration of the vehicle, or as supplied
by a third party provider under contract with the Department, or to the name
and address of the lessee or renter in accordance with
700 CMR
7.04(8)(b). Notices of
Liability shall be sent to the Registered Owner of the vehicle.
(d)
Prima Facie
Evidence of Notice. Delivery by
mail of a copy of an Invoice or Notice is sufficient notice of the failure to
pay the required toll and/or Balance Due. Certification of the invoice or
notice by a Clerk is prima facie evidence of the facts
contained therein and is admissible in any administrative or judicial
proceeding to adjudicate the liability for the unpaid toll transactions, and
related fees, fines and penalties. The Clerk shall maintain a docket of all
copies of notices.
(f)
Civil or Criminal Action. MassDOT may pursue such
civil or criminal action as it deems appropriate to collect outstanding tolls,
fees, and fines assessed as well as such additional fines or penalties as
MassDOT may assess in accordance with
700 CMR
7.00.
(5)
Payment of Balance Due or
Appeal. The Registered Owner of record or responsible party, where
applicable, shall pay all tolls, fines, fees, and penalties that may be
assessed by MassDOT by the Payment Due Date on the invoice or notice, or appeal
in accordance with the procedures in 700 CMR 7.05.
(a)
Payment. The
registered owner or responsible party, where applicable, shall pay the tolls,
fines, fees and penalties that may be assessed by MassDOT by the Payment Due
Date as specified in the invoice and notice. Failure to do so may result in
additional fees, fines and penalties.
(b)
Appeal by Mail.
The registered owner or responsible party, where applicable, may, without
waiving the right to a hearing before a Clerk as provided by 700 CMR
7.05(5)(c), and also without waiving judicial review as provided by M.G.L. c.
30A, § 14, appeal the assessment of a toll, fine, fee or other penalty and
receive a review and disposition from a Clerk by mail. The appeal by mail must
contain a signed statement from the registered owner or responsible party,
where applicable, explaining the basis for the appeal. The signed statement may
be accompanied by signed statements from witnesses, police officers, government
officials, or other relevant parties or photographs, diagrams, maps or other
relevant documents that the registered owner determines to submit. Statements
or materials sent to a Clerk for review must have attached to them the name and
address of the registered owner as well as the invoice number of the notice and
the date of the invoice. All information submitted by the registered owner
becomes part of the record. Written appeals submitted by mail must be received
by MassDOT within 120 days of the date the charge first appears on the invoice
or notice., The Clerk or other MassDOT designee shall, within 60 days of
receipt of such material, review the material and dismiss or uphold the
issuance of the notice and notify the registered owner or appellant of the
disposition of the appeal in writing. If the appeal by mail is denied, the
Clerk shall explain the reasons for the determination. The review and
disposition handled by mail is informal, the rules of evidence do not apply,
and the decision of the Clerk is final subject to the hearing provisions
provided by 700 CMR 7.05(5)(c) and to judicial review as provided by M.G.L. c.
30A, § 14.
(c)
Request for Hearing. Consistent with the provisions of
M.G.L. c. 30A, a person issued a notice regarding the assessment of a toll,
fine, fee or other penalty may make a written request for an appeal hearing
before a Clerk designated by MassDOT. Requests for a hearing must be received
by MassDOT within 30 days of the issuance of the decision of the appeal by mail
pursuant to 700 CMR 7.05(5)(b), in order to be entitled to a hearing. The Clerk
then notifies the Registered Owner or appellant in writing by mail of the date,
time, and place of the hearing. The hearing is informal, the rules of evidence
do not apply, and the decision of the Clerk is final, subject to judicial
review as provided by M.G.L. c. 30A, § 14. Parties are notified in person
or by mail of the decision following the hearing. Each written appeal decision
contains a statement of reasons for the decision including a determination of
each issue of fact necessary to the decision. Failure to appear at the date,
time, and place specified on the hearing notice automatically results in the
denial of the appeal.
(d) The
provisions of 700 CMR 7.05 do not apply to Uniform Traffic Citations issued by
Massachusetts State Police officers pursuant to M.G.L. c. 90C. A violation of
MassDOT's regulations that results in the issuance of a Uniform Traffic
Citation by a Massachusetts State Police officer under M.G.L. c. 90C, is
subject to the procedures that M.G.L. c. 90C provides.
(6)
Failure to
Comply. Failure to comply with the requirements of 700 CMR 7.05(5)
shall result in the following sanctions against the registered owner.
(a)
Additional Fines or
Penalties. MassDOT assesses the following additional fines, fees
or penalties for late payment, failure to pay, or for otherwise failing to
respond to a notice as provided by 700 CMR 7.05(5), in accordance 700 CMR
7.05(6): Table 2. Fines, fees and penalties for unpaid tolls
associated with use of EZDrive MA system shall not exceed $500.00 per year, per
registered vehicle.
(b)
Pay By Plate Past Due Invoice Late Fees. Failure to
pay the Balance Due on the Pay By Plate Invoice may result in the issuance of a
Pay By Plate Past Due Invoice. Each toll trip included on the Pay By Plate Past
Due Invoice may be charged a late fee in accordance with 700 CMR 7.05(6):
Table 2.
(c)
Pay By Plate Notice of Non Payment (NONP) Late Fees.
Failure to pay the Balance Due on the Pay By Plate Past Due Invoice may result
in the issuance of a NONP. Each toll trip included on the NONP may be charged a
late fee in accordance with 700 CMR 7.05(6): Table
2.
(d)
Failure
to Respond after Issuance of a Notice of Non Payment. A registered
owner or other responsible party, where applicable, who fails to pay the tolls,
fines, fees or other penalties as specified in the NONP, shall be assessed an
RMV/DMV fee of $20.00 and the registered owner shall be issued a Notice of
Liability. The Clerk notifies the registered owner by mail of this Notice of
Liability and, in addition, notifies the Registrar of Motor Vehicles of MA or
other states, where applicable, who shall place the matter on record and, the
Registrar shall not renew the registered owner's license to operate a vehicle
or the registration of the vehicle until after notice from the Clerk that all
such matters have been disposed of in accordance with applicable law or
regulation. If the registered owner is a resident of another state or
jurisdiction, the Registrar shall revoke the registered owner's right to
operate a motor vehicle in the Commonwealth until the matter has been disposed
of in accordance with applicable law or regulation. The source of the
Registered Owner information may be from the Registrar or similar official or
department of another jurisdiction in accordance with the law of that
jurisdiction or a third party service contracted by MassDOT for providing
Registered Owner information, or from vehicle images that display information
identifying the vehicle owner.
(e)
Pay By Plate Notice of Liability (NOL) Late Fees.
Failure to pay the Balance Due on the Pay By Plate NONP may result in the
issuance of a NOL. Each toll trip included on the NOL may be charged a late fee
in accordance with 700 CMR 7.05(6):
Table 2.
TABLE 2
|
Invoice/Notice Issued
|
Days to Pay Invoice/Notice
|
Days Outstanding
|
Late Fees Assessed
|
|
1st Invoice Issued
|
30
|
1-30
|
$0
|
|
Past Due Invoice
|
30
|
31-60
|
$1.00 for each overdue toll charge
|
|
Notice of Non-payment
|
30
|
61-90
|
An additional $1.00 for each overdue toll
charge
|
|
Notice of Liability
|
Due Immediately
|
>90
|
An additional $1.00 for each overdue toll charge;
Plus a $20.00 RMV/DMV Fee
|
* MassDOT may charge a higher toll rate or other fee to Pay By
Plate customers in accordance with
700 CMR
7.04(4)(e).
(f)
Civil or Criminal
Action. MassDOT may pursue such civil or criminal action as it
deems appropriate to collect outstanding tolls, fees, and fines assessed as
well as such additional fines or penalties as MassDOT may assess in accordance
with
700 CMR 7.00.
(7)
Confidentiality of
Records. MassDOT shall maintain the confidentiality of all
information including, but not limited to, photographs or other recorded images
and credit and account data relative to Account Holders who utilize its EZDrive
MA toll collection system. MassDOT shall maintain procedures consistent with
M.G.L. c. 66A. For purposes of
700 CMR
11.06(7), all EZDrive MA
customers, including customers of another agency or entity that may have toll
collection reciprocity with MassDOT, are considered Account Holders.
(8)
Hot List Data.
Notwithstanding any other law or regulation, data and information such as name,
location, time and date of travel, regarding Hot List license plates and/or
transponders, while such license plates and/or transponders are on the Hot List
(Hot List Data), shall be made available to a representative of the
Massachusetts State Police, designated by the Secretary of the Executive Office
of Public Safety and Security (EOPSS). License plates and/or transponder
numbers shall only be included on the Hot List in limited emergency situations
involving imminent and immediate threat to the safety, health, and well-being
of an individual or the public based on specific, reasonable intelligence
sufficient to necessitate the need to provide this Hot List Data to law
enforcement. Such emergency situations shall include, but are not limited to,
terrorist threats, Amber Alerts, Silver Alerts, kidnappings, missing persons,
and felons actively traveling to or from a crime scene. The Secretary of EOPSS,
or his or her designee, shall verify in writing which emergency situations
warrant adding any license plate and/or transponder number to the Hot List.
License plates and/or transponder numbers shall only remain on the Hot List for
14 days, unless the Secretary of EOPSS or his or her designee certifies and
justifies the need to maintain the numbers on the Hot List for a longer period,
but in no event shall such numbers remain on the list longer than 30
days.
(9)
System
Maintenance and Enforcement. Any electronic or other automated
system of toll collection used by MassDOT is regularly tested and maintained to
promote accurate and efficient determinations as to payment or nonpayment of
tolls. Any invoice or notice based in whole or in part upon inspection of any
photograph or other recorded image of a motor vehicle and the written
certification by a Clerk shall be prima facie evidence of the
facts contained therein and shall be admissible in any administrative or
judicial proceeding to adjudicate the liability for such invoice or
notice.
(10)
Fines. Whoever violates any provision of
700 CMR 7.00 is subject to a
fine not exceeding the amount indicated in
700 CMR 7.00 and below in
addition to other penalties as the laws of Massachusetts or federal law may
provide. The section and general subject matter headings are provided for
convenience only and do not amend or in any way affect the substance of the
provisions to which they refer.
