Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 2.00 - Issuance And Enforcement Of Parking Violations By Massachusetts Bay Transportation Authority › Section 2.04 - Parking Violation Enforcement

Current through Register 1525, July 5, 2024
Enforcement
. The Authority or its designee shall enforce the provisions of 703 CMR 2.00.
(1)
Designation of Violation Clerks and Parking Clerks
. The Authority may designate Violation Clerks and Parking Clerks to perform the functions specified in 703 CMR 2.00, including enforcing non-payment of Parking Fees, at the pleasure of the Authority and for such finite or indefinite period as the Authority deems desirable. The Authority may hire or designate such personnel, and organize such divisions as the Authority may deem necessary, or contract for such services, in order to carry out the provisions of 703 CMR 2.00.
(2)
Functions of Parking Clerks
. A Parking Clerk will record and collect data to identify a violating vehicle and certify that a Parking Violation occurred. Parking clerks will also determine violations of parking restrictions such as parking in prohibited areas. A Violation Notice will then be mailed to the address of the registered owner of the vehicle, or will be affixed to the vehicle. Copies (electronic data or physical copy) of the Violation Notices will also be forwarded to the Violation Clerks for processing.
(3)
Functions of Violation Clerks
. A Violation Clerk processes Violation Notices in accordance with 703 CMR 2.00, including reviewing appeals, conducting hearings and making decisions with respect to Parking Violations.
(4)
Content of Violation Notice
.
(a)
Information Regarding the Specific Offense
. A Violation Notice will include, but not be 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 703 CMR 2.04(4)(a):
Table 1
; the applicable fines or penalties that the Authority has established; an identifier for the Authority's designated representative who is certifying that the violation occurred; appeal procedures and such other information as the Authority may deem appropriate.
Table 1
Fines will be imposed for violation of 703 CMR 2.00 as follows:
Violation
Fine*
Parking in Restricted or Prohibited Area
$15.00
Parking Without Paying Required Parking Fee
$10.00**
Not in Marked Parking Space
$15.00
Employee Permit Parking Only
$15.00
No Parking Zone
$15.00
Parking in "Drop Off/Pick Up" Area
$15.00
No Stopping/No Standing
$15.00
Parking on Center or Median Strip or Island
$15.00
Handicap/Disabled Veteran Parking Only
$200.00
Blocking Handicap Ramp
$200.00
Parking Within Ten Feet of Fire Hydrant or Standpipe
$50.00
Parking in a Bus Stop or Bus Terminal Area
$100.00
Overnight Parking (Between 1:00 A.M. and 5:00 A.M.)
$15.00
Occupying More Than One Parking Space
$15.00
Parking Within or Obstructing a Fire Lane
$50.00
Parking so as to Obstruct Public Transportation Vehicles
$100.00
Parking in Designated "Emergency Vehicle" Parking Only
$50.00
Blocking Access to a Terminal, Garage, Yard, Parking Lot
$25.00
Parking in Taxi Stand or Private Shuttle Bus Stop
$15.00
No Valid/Expired Registration Plate
$100.00
No Valid/Expired Inspection Sticker
$50.00
* Parking Fines will not exceed the above listed amounts if paid within 30 days of the date of the Violation Notice. Parking Fines will not exceed the above listed amount plus $35 if paid thereafter but before the Violation Clerk reports to the registrar. Parking Fines will not exceed the above listed amount plus $50 if paid after the Violation Clerk reports to the registrar. These other fines are in addition to the unpaid Parking Fees. The General Manager may adjust the fines listed in 703 CMR 2.04(4)(a):
Table 1
.
**
Note
: the maximum fine amount for Parking Without Paying Required Parking Fee in any calendar year shall be $500.00 per registered vehicle, exclusive of Parking Fees and Registry of Motor Vehicle hold/release fees.
Immobilization
Unlawfully parked vehicles and vehicles accumulating three or more unpaid Parking Violations are subject to immobilization (including booting), or towing and impoundment at the vehicle owner's expense. Impounded or immobilized vehicles will not be released until all Parking Violations, MBTA costs, expenses and charges (including towing, daily impoundment fees and Registry of Motor Vehicles fees) are paid in full.
(b)
Notice of Requirement to Respond
. A Violation Notice will state that the registered owner must pay the fine stated in the Violation Notice or appeal the violation within 30 calendar days after the date of the issuance of the Violation Notice and will describe the means and content of the response for payment or appeal. Payments or appeals shall be received by the Authority by the due date listed on the Violation Notice.