Current through Register 1531, September 27, 2024
(1)
Enforcement. Notwithstanding the provisions of M.G.L.
c. 90C, a violation clerk may enforce the provision of
740 CMR 11.00et
seq.
(2)
Function of Violation Clerks. The violation clerks
supervise and coordinate the processing of violation notices in accordance with
740 CMR 11.06. The violation clerks may, subject to the fiscal and managerial
approval and oversight of the Authority, hire or designate such personnel and
organize such divisions as the violation clerks may deem necessary, or contract
for such services, in order to carry out the provisions of 740 CMR
11.06.
(3)
Violation
Notice. The violation notice includes, without limitation, the
following information: the name of the registered owner of motor vehicle; the
registration number of the vehicle; the state of issuance of such registration,
date, time and place of the violation; the specific violation charged by
reference to the appropriate section of
740 CMR 11.00; the applicable
fine s or penalties that the Authority has established; the name of the
violation clerk and such other information as the Authority may deem necessary
or appropriate. The violation notice states that the registered owner must pay
the fine stated in the violation notice or appeal the violation within 21
calendar days after the date of the issuance of the violation notice and
describes the means and content of the response for payment or
appeal.
(4)
Issuance of
Violation Notice.
(a)
Delivery of Violation Notice. A violation clerk issues
and certifies the violation notice and sends the violation notice as soon as
practicable by first class mail to the registered owner of the motor vehicle 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.
(b)
Prima
Facie
Evidence of Notice.
Delivery by first class mail of a copy of the violation notice as specified in
740 CMR 11.06(4)(a) is sufficient notice of the violation. Certification of the
violation notice by a violation 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 violation.
(5)
Payment or Appeal
of Violation Notice. Within 21 calendar days after the date of the
issuance of the violation notice, the registered owner to whom the violation
notice is issued must make one of the following responses:
(a)
Payment of Fine.
The registered owner shall pay the fine as specified in the violation
notice.
(b)
Appeal by
Mail. The registered owner may, without waiving the right to a
hearing before a violation clerk as provided by 740 CMR 11.06(5)(c) and also
without waiving judicial review as provided by M.G.L. c. 30A, § 14, appeal
a violation notice and receive a review and disposition of the violation from a
violation clerk by mail. The appeal by mail must contain a signed statement
from the registered owner 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 violation clerk for review must
have attached to them the name and address of the registered owner as well as
the number of the violation notice and the date of the violation. All
information submitted by the registered owner becomes part of the violation
record. The violation clerk shall, within 60 days of receipt of such material,
review the material and dismiss or uphold the violation and notify the
registered owner of the disposition of the hearing in writing by mail. If the
appeal by mail is denied, the violation 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 violation clerk is
final subject to the hearing provisions provided by
740 CMR 2.04. 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 violation notice may make a written request for an appeal hearing
before a violation clerk. A person making such a written request may have an
appeal hearing in accordance with
740 CMR 2.04.
(d) Notwithstanding the provisions of 740 CMR
11.06, a violation of 740 CMR resulting in the issuance of a violation notice
or citation by a police officer maybe subject to the procedures that M.G.L. c.
90C provides.
(6)
Failure to Comply. Failure to comply with the
requirements of 740 CMR 11.06(5) shall result in the following sanctions
against the registered owner.
(a)
Additional Fines or Penalties. The Authority assesses
the following additional fines or penalties for late payment, failure to pay,
or for otherwise failing to respond to a violation notice as provided by 740
CMR 11.06(5).
1.
Failure to
Respond Within 21 Days After the Date of Issuance of a Violation.
A registered owner who fails to pay the fine specified in a violation notice
and who fails to appeal a violation notice as provided in 740 CMR 11.06(5)
within 21 calendar days after the date of the issuance of the violation notice
shall pay an additional penalty of $5.00. The violation clerk notifies the
registered owner by first class mail of this first notice of
delinquency.
2.
Failure
to Respond to Notice of Delinquency. A registered owner who fails
to respond to a violation notice as provided by 740 CMR 11.06(5) within 45
calendar days after the date of issuance of the violation notice shall pay an
additional penalty of $15.00. The violation clerk notifies the registered owner
by first class mail of this final notice.
3.
Failure to Respond to Final
Notice. A registered owner who fails to respond to a violation
notice as provided by 740 CMR 11.06(5) within 60 calendar days after the date
of issuance of the violation notice shall pay an additional penalty of $20.00.
The violation clerk notifies the registered owner by first class mail of this
notice of liability and, in addition, may take any other legal action until the
matter has been disposed of in accordance with applicable law or
regulation.
(b)
Civil or Criminal Action. The Authority may pursue
such civil or criminal action as it deems appropriate to collect the fine
initially assessed in the violation notice as well as such additional fines or
penalties as the Authority may assess in accordance with 740 CMR
11.06(6)(a).
(7)
Confidentiality of ETC Records. The Authority shall
maintain the confidentiality of all ETC information relative to account holders
who participate in its ETC system including, but not limited to, photographs or
other recorded images and credit and account data.
(8)
System Maintenance and
Enforcement. Any electronic or other automated system of toll
collection used by the Authority is regularly maintained to promote accurate
and efficient determinations as to payment or evasion of tolls. Any violation
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 violation
clerk shall be prima facie evidence of the facts contained
there in and shall be admissible in any administrative or judicial proceeding
to adjudicate the liability for such violation.
