Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 7.00 - Use of the Massachusetts Turnpike and the Metropolitan Highway System › Section 7.13 - Penalties

Current through Register 1525, July 5, 2024
(1)
Exemptions
. 700 CMR 7.13 does not apply to, and the
			 Department does not impose a penalty with respect to, an operator of a vehicle
			 acting in conformity with the direction of a Massachusetts State Police
			 officer, to the operator of a vehicle actually engaged in work on a way when
			 the requirements of the work necessitate a departure from any of the
			 requirements of
			 700 CMR 7.00 and the departure
			 does not endanger the safety of individuals or property, or to a Massachusetts
			 State Police officer when engaged in the performance of duties that
			 necessitates a departure from any of the requirements of
			 700 CMR 7.00, or to the
			 operator of an official emergency vehicle when an emergency necessitates
			 departure from any of the requirements of
			 700 CMR 7.00. These exemptions
			 do not, however, relieve such an operator from other legal consequences of the
			 operator's or individual's action.
(2)
Prima Facie
Responsibility for Violations
. If a vehicle is
			 operated on a way in violation of any provision of
			 700 CMR 7.00 or any other
			 regulation or law of the Commonwealth of Massachusetts, and the identity of the
			 operator of the vehicle cannot be determined, the person in whose name the
			 vehicle is registered is deemed
prima facie
responsible for
			 the violation. With regard to a violation of
			 700 CMR
			 7.03(10), the person in
			 whose name the vehicle is registered is deemed prima facie responsible for the
			 violation, regardless of whether the operator of the vehicle may be
			 identified.
(3)
Fines
.
(a)
Fines by Reference to
			 700 CMR 7.00
.
			 Whoever violates any provision of
			 700 CMR 7.00 is subject to a
			 fine not exceeding the amount indicated in 700 CMR 7.13(3):
Table
			 12
, in addition to other penalties as the laws of the Commonwealth of
			 Massachusetts or federal law may provide. The section title 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.
TABLE 12
Section
							 Title
Section
General Subject
							 Matter
Fine
Way other than
							 the Tunnels
Fine
Tunnels
Electronic Toll Collection
700 CMR
							 7.04(1)(a)
700 CMR
							 7.04(1)(b)
700 CMR
							 7.04(3)
Unauthorized use of EZDrive MA System
Restricted Access
Evasion of Toll
Note 1
Note 1
$250
Note 1
Note 1
$250
Limitation on Use of
							 Ways
700 CMR
							 7.06(1)
700 CMR
							 7.06(2)
700 CMR
							 7.06(3)
Wrong way travel
Wrong direction in Sumner, Callahan, or Ted Williams
							 Tunnel
Unauthorized entry or exit from a way
$50 -
$50 -
-
$500
$50
$50
Prohibited Entry to or Use of a Way:
							 Vehicle
700 CMR
							 7.06(4)(a)
700 CMR
							 7.06(4)(b)
700 CMR
							 7.06(4)(c)
700 CMR
							 7.06(4)(d)
700 CMR
							 7.06(4)(e)
700 CMR
							 7.06(4)(f)
700 CMR
							 7.06(4)(g)
700 CMR
							 7.06(4)(h)
700 CMR
							 7.06(4)(i)
700 CMR
							 7.06(4)(j)
700 CMR
							 7.06(4)(k)
700 CMR
							 7.06(4)(l)
700 CMR
							 7.06(4)(m)
700 CMR
							 7.06(4)(n)
700 CMR
							 7.06(4)(o)
Improperly seated person
Flat or inadequate tire
Obstructed window
Muscle-powered vehicle
Construction equipment
Falling debris
Inadequate brakes
1st Offense
2nd Offense
3rd and subsequent Offense
							 within any 12 month period
Over-weight vehicle
Over-size vehicle
Propelled by a special fuel
Carrying an explosive
Carrying a special fuel
Carrying a hazardous material
Tandem unit, bulk liquid, radioactive materials,
							 explosives, hazardous materials
Offensive odor, excessive smoke, improperly
							 towed
$100
$35
$100
$100
$100
$100
$35
$75
$150
Note 2
$500
-$100
$500
$500
-
$50
$100
$35
$100
$100
$100
$100
$35
$75
$150
Note 2
$500
$500
$100
$500
$500
$500
$50
Prohibited Entry to or Use of a Way:
							 Non-vehicle
700 CMR
							 7.06(5)
700 CMR
							 7.06(6)
700 CMR
							 7.06(7)
700 CMR
							 7.06(8)
Pedestrians and animals Aircraft
Hitchhiking or loitering Commercial activity
$50
$500
$50
$50
$50
-
$50
$50
Special Permits: General
700 CMR
							 7.07(2)(e)
700 CMR
							 7.07(2)(f)
700 CMR
							 7.07(2)(h)
700 CMR
							 7.07(2)(j)
700 CMR
							 7.07(2)(m)
700 CMR
							 7.07(3)(c)2.
700 CMR
							 7.07(3)(c)3.
700 CMR
							 7.07(4)(c)2.
700 CMR
							 7.07(4)(d)
700 CMR
							 7.07(4)(e)
700 CMR
							 7.07(4)(f)
700 CMR
							 7.07(4)(g)
Misrepresentation
Invalid transfer
Inappropriate use of Irreducible Load permit
Inadequately insured vehicle operating under a
							 Special Permit
Operation of tandem unit in Tunnels - weight
Failure to carry original permit issued by the
							 Department
Failure to produce original Reducible Load (RL)
							 Permit
Failure to carry original permit issued by the
							 Department
Failure to conform with requirements for pilot car,
							 police escort, or warning sign
Prohibition on operation of Tandem unit and
							 saddlemount combination (length) - Tunnels
Failure to exhibit height indication
Insufficient care with respect to operation of
							 over-size vehicle
$500
$500
$500
$500
-
$100
$100/each permit
$100
$500
-
$100
$500
$500
$500
$500
$500
$500
$100
$100/each permit
$100
$500
$500
$100
$500
Special Permit: Vehicle Carrying an
							 Explosive
700 CMR
							 7.07(5)(f)2.
700 CMR
							 7.07(5)(f)4.
700 CMR
							 7.07(5)(f)5.
700 CMR
							 7.07(5)(f)6.
Failure to carry original permit
Minimum separation
No stopping
Conformance with law
$100
$500
$500
$500
-
-
-
-
Special Permit: Vehicle Carrying a Special
							 Fuel
700 CMR
							 7.07(6)(e)2.
700 CMR
							 7.07(6)(e)2.
700 CMR
							 7.07(6)(e)4.
700 CMR
							 7.07(6)(e)5.
700 CMR
							 7.07(6)(e)6.
Failure to carry original permit
Failure to display signs
Minimum separation
No stopping
Conformance with law
$100
$100
$500
$500
$500
-
-
-
-
-
Limitations on Large Tandem Units
All provisions of
							 700 CMR
							 7.08
$500
-
Traffic, Operation, and Safety:
							 General
700 CMR
							 7.09(1)(a)
700 CMR
							 7.09(1)(a)
700 CMR
							 7.09(1)(a)
700 CMR
							 7.09(1)(b)
700 CMR
							 7.09(2)
Failure to obey sign
Interfering with sign
Deploying unauthorized sign
Failure to comply with orders
Failure to obey traffic control signal
$50
$50
$50
$50
$50
$50
$50
$50
$50
$50
Traffic, Operation, and Safety: Parking
							 Prohibitions
700 CMR
							 7.09(4)(a)
700 CMR
							 7.09(4)(b)
700 CMR
							 7.09(4)(c)
700 CMR
							 7.09(4)(d)
700 CMR
							 7.09(4)(e)
700 CMR
							 7.09(4)(f)
700 CMR
							 7.09(4)(g)
700 CMR
							 7.09(4)(h)
700 CMR
							 7.09(4)(i)
700 CMR
							 7.09(4)(j)
700 CMR
							 7.09(4)(k)
700 CMR
							 7.09(4)(l)
700 CMR
							 7.09(4)(m)
700 CMR
							 7.09(4)(n)
700 CMR
							 7.09(4)(o)
700 CMR
							 7.09(4)(p)
700 CMR
							 7.09(4)(q)
700 CMR
							 7.09(4)(r)
700 CMR
							 7.09(4)(s)
700 CMR
							 7.09(4)(t)
700 CMR
							 7.09(4)(u)
700 CMR
							 7.09(4)(v)
700 CMR
							 7.09(4)(w)
No parking area: posted
No parking area: tow zone
No stopping or standing
Crosswalk
Sidewalk
Reserved area
HP or DV plate parking only
Handicapped ramp
Median
Bus or truck parking area
Car parking area
Tandem trailer parking area
Hydrant
Designated fire lane
Breakdown lane
Over posted time limit
Inspection Sticker
Idling in excess of five minutes
Emergency vehicle access
Double parking
Weather emergency
Outside of marked spaces
Street cleaning
$50
$50
$50
$50
$50
$50
$150
$100
$50
$50
$50
$50
$50
$100
$50
$50
$50
$100
$50
$50
$50
$50
$40
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
-
Traffic, Operation, and Safety: Vehicle
							 Operation
700 CMR
							 7.09(5)(a)
700 CMR
							 7.09(5)(b)
700 CMR
							 7.09(6)(a)
700 CMR
							 7.09(6)(b)
700 CMR
							 7.09(6)(c)
700 CMR
							 7.09(6)(c)
700 CMR
							 7.09(7)
700 CMR
							 7.09(8)
700 CMR
							 7.09(9)
700 CMR
							 7.09(10)(a)
700 CMR
							 7.09(10)(b)
700 CMR
							 7.09(11)(a)
700 CMR
							 7.09(11)(b)
700 CMR
							 7.09(12)(a)
700 CMR
							 7.09(12)(b)
700 CMR
							 7.09(12)(c)
700 CMR
							 7.09(13)(a)
700 CMR
							 7.09(13)(b)
700 CMR
							 7.09(14)
700 CMR
							 7.09(15)
700 CMR
							 7.09(16)
700 CMR
							 7.09(17)(a)
700 CMR
							 7.09(17)(b)
700 CMR
							 7.09(17)(c)
700 CMR
							 7.09(18)
700 CMR
							 7.09(19)
700 CMR
							 7.09(20)
700 CMR
							 7.09(21)
700 CMR
							 7.09(22)(a)
700 CMR
							 7.09(22)(b)
700 CMR
							 7.09(23)
700 CMR
							 7.09(24)(a)
700 CMR
							 7.09(24)(b)
700 CMR
							 7.09(25)
700 CMR
							 7.09(26)
700 CMR
							 7.09(27)
700 CMR
							 7.09(28)
Careless or negligent operation
Negligent loading
Reasonable and proper speed
Operating at dangerous speed
Maximum speed
Minimum speed
Improper entry to a way
Crossing solid pavement markings
Unauthorized use of breakdown lane
Unauthorized or dangerous crossing of median or
							 other area
Unauthorized use of cross-over
Entry into restricted area - general
Entry into restricted area - left lane
							 restrictions
Construction zone - excess speed (Note 5)
Construction zone - entry into excluded area
Construction zone - careless operation
Keeping to the right when overtaking another vehicle
							 - Tunnels
Keeping to the right when overtaking another vehicle
							 - Non-tunnels
Care in passing another vehicle Space between
							 vehicles Coasting
Stopping, standing, or parking
Backing and U-turns prohibited
Failure to use care in stopping or turning - hand
							 signals
Repair or removal of disabled vehicle
prohibited Failure to respond to over-height
alarm Improper use of cutouts
Improper use of horn
Improper use of headlights - Tunnels
Improper use of headlights - Non-tunnels
Adequate fuel or energy supply
Disposal of waste - minor
Disposal of waste - major
Defacing property
Failure to display inspection sticker
Inadequate equipment
1st Offense
2nd Offense
3rd and subsequent Offense
							 within any 12 month period Idling
$50
$50
$50
$
50
Note 3
$20
$50
$50
$100
$50
$50
$100
$100
$100
$100
$100
-
$100
$100
$100
$100
$50
$50
$25
$50
-
$35
$35
-$35
$50
$50
$100
$500
$50
$35
$75
$150
Note 4
$500
$
100
$50
$500
Note 3
$20
$100
$100
$100
$100
$100
$
100
$
100
$
100
$100
$100
$100
-
$100
$100
$100
$100
$100
$25
$50
$500
$35
$35
$50
-
$
100
$50
$100
$
500
$
50
$35
$75
$150
Note 4
Transportation of Cargo
700 CMR
							 7.09(29)
700 CMR
							 7.09(30)
700 CMR
							 7.09(31)
700 CMR
							 7.09(32)
700 CMR
							 7.10
Transportation of alcoholic beverages
Inspection and examination of cargo
Interstate transportation
Operator's record of duty status
Motor Carrier Safety Act
$100
$100
$100
$50
$50
$100
$100
$100
$50
$50
Hazardous Materials
700 CMR
							 7.11(1)
700 CMR
							 7.11(2)
Hazardous Materials - Tunnels
Hazardous Materials - Non-tunnels
-$500
$500 -
Repair and Removal of Vehicles
700 CMR
							 7.12(1)(a)
700 CMR
							 7.12(1)(b)
700 CMR
							 7.12(2)(a)
700 CMR
							 7.12(2)(b)
Unauthorized repair to disabled vehicle -
							 Tunnels
Removal of disabled vehicle - Tunnels
Inappropriate repair of disabled vehicle -
							 Non-tunnels
Removal of disabled vehicle - Non-tunnels
-
-
$25
$25
$25
$25
-
-
Note 1
: The fine for a violation of
				700 CMR 7.04(1)(a)
				 or
				700 CMR 7.04(1)(b)
				 or
				700 CMR 7.03(10)
				 is specified in 700 CMR 7.13(3)(b).
Note 2
: The fine for exceeding the
				permissible weight is specified in 700 CMR 7.13(3)(c).
Note 3
: The fine for exceeding the
				maximum speed limit is specified in 700 CMR 7.13(3)(d).
Note 4
: The fine for idling is
				determined according to the provisions of M.G.L. c. 90, § 16A.
Note 5
: The fine for speeding in a
				construction zone may be doubled in accordance with M.G.L. c. 90, § 17 and
				700 CMR
				7.09(12).
Note 6
: The fine for a registered
				owner who fails to pay the fine specified in a violation notice or who fails to
				appeal a violation notice as provided by
				700 CMR 7.14(1)(f)
				 shall pay an additional penalty as indicated
				on the violation notice and/or in accordance with the amount in parenthesis in
				700 CMR
				7.07:
Table
				11
.
(b)
Fines for Failure to Pay Toll
. The fine for a
			 violation of
			 700 CMR 7.03(10)
			  or
			 7.04(1)(a) or
			 (b) is contained in 700 CMR 7.13:
Table 12
. Late payment fees may assessed in accordance
			 700 CMR 7.03(12)
			  and
			 7.04(5).
(c)
Fines for Over-weight
			 Vehicles
. Any operator who operates a vehicle, or any owner or
			 bailee who requires or allows the operation of a vehicle, in violation of
			 700 CMR 7.06(5)(h)
			  is subject to a fine of not less than $40.00
			 for each 1,000 pounds of weight or fraction thereof by which the vehicle weight
			 of the vehicle as operated exceeds the maximum vehicle weight for a vehicle of
			 its type as specified in
			 700 CMR
			 7.07(3):
Table
			 3
, or by a special permit that the Department issued for the vehicle
			 for such operation, whichever is greater; provided, further, that, if the total
			 of the excess weight is greater than 10,000 pounds, the rate of the fine is not
			 less than $80.00 for each 1,000 pounds or fraction thereof over 10,000
			 pounds.
(d)
Fines for
			 Speeding
. Any individual convicted of a violation of the maximum
			 speed limit in violation of
			 700 CMR 7.09(6)(c)
			  is subject to punishment by a fine of not
			 less than $ 50.00. Where such conviction is for operating a motor vehicle at a
			 rate of speed exceeding ten miles per hour over the speed limit, an additional
			 fine of $10.00 for each mile per hour in excess of the ten miles per hour is
			 assessed, to a maximum fine of $500.00.
(e)
Fines for Other
			 Violations
. Whoever violates any provision of
			 700 CMR 7.00 not listed in 700
			 CMR 7.13(3):
Table 12
is subject to a fine not exceeding
			 $500.00 for every such offense.