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 7.14 - Parking Violation Enforcement

Current through Register 1525, July 5, 2024
(1)
Parking Violation Enforcement
. The Department
			 establishes regulations to address the public safety, environmental and related
			 issues associated with the illegal parking of vehicles on properties owned,
			 maintained or controlled by the Department.
(a)
Enforcement
. A
			 violation or parking clerk may enforce the provisions of 700 CMR
			 7.14.
(b)
Designation of
			 Violation Clerks
. The Department may, from time to time, designate
			 one or more violation or parking clerks to perform the functions specified in
			 700 CMR 7.14(1)(c) at the pleasure of the Department and for such finite or
			 indefinite period as the Department deems desirable.
(c)
Functions of the Violation
			 Clerks
. The State Police or a parking clerk designated by the
			 Department will record and collect data to identify a violating vehicle and
			 certify that such violation occurred. After the parking violation has been
			 issued or affixed to the vehicle, copies of the parking violations are
			 forwarded to the violation clerks for the processing of violation notices. The
			 violation clerks may coordinate the processing of violation notices in
			 accordance with 700 CMR 7.14(1). The Department may hire or designate such
			 personnel and organize such divisions as the Department may deem necessary, or
			 contract for such services, in order to carry out the provisions of 700 CMR
			 7.14.
(d)
Content of
			 Violation Notice
.
1.
Information Regarding the Specific Offense
. A
			 violation notice includes, but is not limited to, the following information:
			 the registration number and state of issuance of the registration number of the
			 vehicle involved; the make and color of the vehicle; the date, time and place
			 of the violation; the specific violation charged by reference to the
			 appropriate entry in
			 700 CMR
			 7.13(3):
Table
			 12
; the applicable fines or penalties that the Department has
			 established; an identifier for the Department's designated representative who
			 is certifying that the violation occurred; and instructions for the return of
			 the tag; and such other information as the Department may deem
			 appropriate.
2.
Notice
			 of Requirement to Respond
. A parking violation notice states that
			 the registered owner must pay the fine stated in the violation notice or appeal
			 the violation within 60 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. Payments or appeals shall be received by the Department by
			 the due date listed on the parking violation notice.
(e)
Issuance of Violation
			 Notice
.
1.
Delivery
			 of Violation Notice
. A parking violation notice shall be affixed
			 securely to the motor vehicle. If it not possible to affix a parking violation
			 notice to the motor vehicle, such notice shall be sent to the address of the
			 registered owner of the motor vehicle, if the vehicle is registered in the
			 Commonwealth of Massachusetts. If the motor vehicle is not registered in the
			 Commonwealth, the parking violation notice shall be sent to the records of the
			 official of the relevant state in charge of the registration of such motor
			 vehicle.
2.
Prima Facie
Evidence of
			 Notice
. Notice affixed to a motor vehicle as provided in 700 CMR
			 7.14, shall be deemed a sufficient notice, and a certificate of the parking
			 violation clerk affixing such notice that it has been affixed thereto, in
			 accordance with 700 CMR 7.14, shall be deemed
prima facie
evidence thereof and the facts therein and shall be admissible in any judicial
			 or administrative proceeding as to the facts contained therein.
(f)
Payment or Appeal
			 of Violation Notice
. Within 60 calendar days after the date of the
			 issuance of the parking violation notice, the registered owner to whom the
			 violation notice is issued must make one of the following responses: pay the
			 fine as provided by 700 CMR 7.14(f)1.; send a written dispute by mail as
			 provided by 700 CMR 7.14(f)2.; or request a hearing as provided by 700 CMR
			 7.14(f)3.
1.
Payment of
			 Fine
. The registered owner shall pay the fine as specified in the
			 violation notice. Payment of the fine shall be received by the Department by
			 the due date listed on the parking violation notice.
2.
Appeal by Mail
.
			 The registered owner may, without waiving the right to a hearing before a
			 violation clerk as provided by 700 CMR 7.14(f)3., and also without waiving
			 judicial review as provided by M.G.L. c. 30A, § 14, appeal a parking
			 violation and receive a review and disposition of the violation from a parking
			 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 parking 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. Written appeals submitted by mail shall be received by the Department
			 by the due date listed on the violation notice. 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 parking
			 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 700 CMR 7.14(1)(f), and to judicial review as provided
			 by M.G.L. c. 30A, § 14.
3.
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 designated by the Department.
			 Requests for a hearing shall be received by the Department by the due date
			 listed on the violation notice. The violation clerk then notifies the
			 registered owner in writing by first class 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 violation 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.
(g)
Failure to Comply
. Failure to comply with the
			 requirements of 700 CMR 7.14(1)(f) shall result in the following sanctions
			 against the registered owner.
1.
Additional Fines or Penalties
. The Department may
			 assess additional fines or penalties for late payment, failure to pay, or for
			 otherwise failing to respond to a violation notice as provided by 700 CMR
			 7.14(1)(f).
Failure to Respond Within 60 Days after the Date of Issuance of
				a Violation Notice. 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) within 60 calendar days after the date of the issuance of the
				violation notice shall pay an additional penalty as indicated on the violation
				notice and/or
				700 CMR
				7.13(3):
Table
				12
. The violation clerk notifies the registered owner by first class
				mail of this notice of liability and, in addition, notifies the Registrar of
				Motor Vehicles who shall place the matter on record and, upon receipt of a
				notice of liability, the Registrar shall not renew the registered owner's
				license to operate the vehicle or the registration of the vehicle until after
				notice from the violation 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 in the Commonwealth until the matter has
				been disposed of in accordance with applicable law or regulation.
2.
Civil or Criminal
			 Action
. The Department 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 Department may
			 assess in accordance with 700 CMR 7.14.