reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
Eligible Applicant
means a political
				subdivision or instrumentality of the Commonwealth, a Railroad, or a
				Shipper.
Eligible Project
means a Project that
				meets the criteria set forth in
				700 CMR 4.04.
Executive Office of Housing and Economic
				Development (EOHED)
means the Executive Office of Housing and
				Economic Development established pursuant to M.G.L. c. 6A, § 2.
Independent Utility
means the tangible
				and measurable benefits resulting solely from a Project.
IRAP Program
means the Industrial
				Rail Access Program created by St. 2012, c. 242, § 2C, Item 6622-1280 and
				700
				CMR 4.00.
Massachusetts Department of Transportation
				(MassDOT)
means the Massachusetts Department of Transportation
				established pursuant to M.G.L. c. 6C.
Project
means any rail improvement
				and/or related transportation planning, design, engineering, permitting, and/or
				acquisition of interests in land proposed for funding pursuant to St. 2012, c.
				242, § 2C, Item 6622-1280 and
				700
				CMR 4.00.
Project Location
means the parcel(s)
				of land on which a proposed Project is located.
Railroad
means a common carrier
				engaged in the movement of goods and materials by rail, and that is subject to
				interstate commerce freight regulations and the jurisdiction of the Surface
				Transportation Board of the United States Department of Transportation.
Secretary
means the Secretary of the
				Massachusetts Department of Transportation.
Shipper
means a business located
				within the Commonwealth of Massachusetts that is engaged in a commercial
				enterprise that ships, or intends to ship, materials or goods by rail. Such
				business may be an existing or proposed business that is committed to shipping
				by rail at the conclusion of the proposed Project.
Total Project Cost
means the total
				expenditures necessary to complete a Project.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.03 - Funding

Current through Register 1525, July 5, 2024
Pursuant to St. 2012, c. 242, § 2C, Item 6622-1280,
				MassDOT is authorized to provide funding to Eligible Projects under the IRAP
				Program. The Secretary, in consultation with the Secretary of the Executive
				Office of Housing and Economic Development, is hereby authorized to determine
				the type of costs eligible for funding under the IRAP Program, the appropriate
				type and amount of funding for Eligible Projects, the maximum award amounts for
				Eligible Projects, the amount of any required applicant contributions to
				Eligible Projects, and the availability of funds for each funding round of the
				IRAP Program.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.04 - Administration

Current through Register 1525, July 5, 2024
MassDOT, in consultation with EOHED, shall administer St. 2012,
				c. 242, § 2C, Item 6622-1280 and
				700
				CMR 4.00 in accordance with St. 2012, c. 242, §
				2C, Item 6622-1280 and
				700
				CMR 4.00. MassDOT is authorized, in consultation with
				EOHED, to issue guidelines, guidance, applications or other materials as
				necessary to implement the IRAP Program. MassDOT is authorized to enter into
				any and all interagency agreements or other agreements to reflect the
				interdisciplinary nature of this program and to increase the coordination of
				this program.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.05 - Eligible Projects

Current through Register 1525, July 5, 2024
In order to be eligible for funding pursuant to
				700
				CMR 4.00, a Project must be of public benefit, in the
				public interest, and for a public purpose, and any benefit to private entities
				or individuals shall be indirect and incidental and not the principal purpose
				of the Project. In addition, a Project must:
(a) Provide a sustained public benefit or
			 facilitate economic growth through improved use of the rail transportation
			 network within the Commonwealth;
(b) Have Independent Utility; and
(c) Have an estimated useful life of at least
			 20 years.
No amount of IRAP Program funds may be used for operating
				expenses. Successful applicants must take any and all actions necessary to
				prevent any such use of IRAP Program funds for operating expenses. Any misuse
				of program funds whether intentional or inadvertent, even if corrected after
				discovery, shall be justification for rejection of any subsequent IRAP Program
				application.
The Secretary may establish other requirements for Eligible
				Projects to qualify for funding under the IRAP Program provided that such other
				requirements are not inconsistent with
				700
				CMR 4.00.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.07 - Application Process

Current through Register 1525, July 5, 2024
All applicants for funding pursuant to the IRAP Program must
				submit applications that include the following information:
(a) Information demonstrating that the
			 applicant is an Eligible Applicant;
(b) The size and scope of the Project in
			 relation to the Eligible Applicant's total operations, and the strategic
			 importance of the Project to the Eligible Applicant's operations;
(c) A detailed Project description, including
			 plans and specifications for the proposed Project;
(d) The costs, benefits, and impacts
			 (including the economic development impact) of the Project;
(e) A Project budget showing all sources and
			 uses of funding for the Project;
(f) A capital budget for the Project, and an
			 operating budget demonstrating the Project's economic viability;
(g) Documentation that the Eligible Applicant
			 possesses or will possess control of the Project Location(s) (if the proposed
			 Project requires land acquisition, proponents must identify the interests to be
			 acquired and the manner in which such interests will be acquired);
(h) A detailed Project schedule that
			 identifies key milestones and completion dates;
(i) A list of any and all federal, state and
			 local permits required for the Project;
(j) Documentation of the Eligible Applicant's
			 capacity to meet the IRAP Program requirements and to complete the
			 Project;
(k) Information
			 demonstrating the long-term transportation cost savings expected to be realized
			 in connection the Project;
(l)
			 Means and methods of ensuring the quality of the work to be performed in
			 connection with the proposed Project;
(m) Evidence of the Project's readiness to
			 proceed;
(n) Documentation of any
			 local and/or statewide support; and
(o) Such other documentation or information
			 that the Secretary may require.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.08 - Evaluation Criteria

Current through Register 1525, July 5, 2024
All applications will be reviewed based on the following
				evaluation criteria:
(a) The extent to
			 which the proposed Project will improve freight rail transportation in
			 Massachusetts and support the Commonwealth of Massachusetts State Rail Plan,
			 transportation, land use, economic development, and environmental
			 policies;
(b) The level of public
			 benefits to be gained through the implementation of the Project;
(c) The Project's consistency with local and
			 regional transportation, land use and economic development plans;
(d) The level of documented support for the
			 Project by Shippers and/or Railroads, locally elected officials, abutters and
			 others who are involved in economic or community development;
(e) The financial feasibility of the
			 Project;
(f) The Project's
			 readiness to proceed;
(g) The
			 useful life of the Project; and
(h)
			 Such other criteria as the Secretary may require provided that such criteria
			 are not inconsistent with
			 700
			 CMR 4.00.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.09 - Waiver

Current through Register 1525, July 5, 2024
The Secretary may waive, in writing, any provision of
				700
				CMR 4.00 not required by St. 2012, c. 242, § 2C,
				Item 6622-1280 on findings that such waiver is consistent with the intent of
				St. 2012, c. 242, § 2C, Item 6622-1280, and
				700
				CMR 4.00.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 4.00 - Industrial Rail Access Program › Section 4.10 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				700
				CMR 4.00 or its application is held invalid, such
				invalidity shall not affect other provisions or applications of
				700
				CMR 4.00, which can be given effect without the
				invalid provision or application, and the provisions of
				700
				CMR 4.00 are declared to severable.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.101 - Scope and Objective

Current through Register 1525, July 5, 2024
700 CMR 5.000 is intended to
				facilitate the transfer of certain roadways and bridges from the Department of
				Conservation and Recreation (DCR) as provided in St. 2009, c. 25, §§
				176 and 177, and to maintain in full force and effect the regulations governing
				use and operations of these roadways and bridges previously in effect,
				including DCR's authority under
				700 CMR
				5.000.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.102 - Definitions

Current through Register 1525, July 5, 2024
Bridges
. The vehicular bridges and
				underpasses transferred from DCR to MassDOT pursuant to St. 2009, c. 25,
				including without limitation those identified in a Memorandum of Understanding
				between DCR and MassDOT.
DCR. Department of Conservation and Recreation.
MassDOT
. Massachusetts Department of
				Transportation.
MOU. Memorandum of Understanding between the Department of
				Conservation and Recreation and the Massachusetts Department of Transportation
				dated November 2, 2009.
Roadways
. Mc Grath and O'Brien
				Highways in the cities of Cambridge and Somerville, Middlesex avenue in the
				city of Medford, William Casey highway overpass in the Jamaica Plain section of
				the city of Boston, Columbia road in the South Boston and Dorchester sections
				of the city of Boston, Morton street in Boston and Gallivan boulevard in the
				Dorchester section of the city of Boston.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.103 - Continuance and Severability

Current through Register 1525, July 5, 2024
(1)
Continuance
. Under authority granted by St. 2009, c.
			 25, § 147, on and after November 2, 2009, the provisions of 700 CMR 5.300
			 through 5.500 shall be implemented by the Department of Conservation and
			 Recreation and the Department of Conservation and Recreation is authorized to
			 so implement in accordance with the Memorandum of Understanding. Except as
			 provided in the MOU and 700 CMR 5.103(2), all permits, authorizations and
			 approvals respecting the transferred Roadways and Bridges shall be implemented
			 by MassDOT.
(2)
DCR
			 Authorization
. The DCR is hereby authorized to take actions on the
			 transferred Roadways and Bridges to implement and enforce traffic and
			 pedestrian rules, including the use of crossing guards, and to continue to
			 impose fines, hold hearings and collect revenue relating to such fines. DCR
			 shall also have authority to issue special event permits in coordination with
			 MassDOT.
(3)
Severability
. The provisions of
			 700 CMR 5.000 shall be deemed
			 severable. If any of its provisions shall be held to be invalid or
			 unconstitutional by any court of competent jurisdiction, the remaining
			 provisions shall continue in full force and effect.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.202 - Enforcement of Rules and Regulations by DCR Rangers

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Offense
. Any violation of
				700
				CMR 5.201 through
				5.505.
Ranger
. Any person duly appointed by
				the Commissioner of the DCR to perform the duties of a Ranger pursuant to
				M.G.L. c. 92, § 34B.
(2)
Authority
.
			 Pursuant to M.G.L. c. 92, § 34B, Rangers are authorized to issue citations
			 for violations contained in 350 CMR 2.00 through
			 5.00.
(3)
Citation
			 Procedure
.
(a) If a Ranger
			 witnesses a violation of 700 CMR, the Ranger may issue a citation to the
			 offender. The Ranger is authorized to request the name, address, driver's
			 license, phone number, and date of birth of the offender.
(b) The citation must contain the offense
			 charged, the name and address of the offender, if known, the time and place of
			 the offense and be signed by the Ranger.
(c) If it is not possible to give the
			 citation to the offender at the time of the offense, the DCR shall mail the
			 citation to the offender's last known address within 15 days of the
			 offense.
(d) The Chief Ranger shall
			 maintain and preserve one copy of all citations issued, and shall deliver a
			 copy of all citations to the court with jurisdiction, within two business
			 days.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.203 - Issuance of Sl2ecial Use Permits -Generally

Current through Register 1525, July 5, 2024
(1) Pursuant to and in conjunction with the
			 policy stated in M.G.L. c. 92, §§ 33 and 37, the Commissioner or
			 his/her designee may, upon a finding that a Special Use Permit request is
			 consistent with the Commission's policy to increase public recreational
			 opportunities, while preserving the environment of public parkland may issue a
			 Special Use Permit.
(2) An
			 applicant must comply with any terms and conditions contained within the
			 Special Use Permit. Any act authorized pursuant to a Special Use Permit may be
			 performed only by the person(s) named therein, and any such authorizations may
			 not be assigned or delegated, except as provided by such permit.
(3) Special Use Permits may be issued by the
			 Commissioner on an annually renewable basis, or for such a period of time as in
			 the judgment of the Commissioner appears reasonable and consistent with
			 Commission policy or as limited by any provision(s) of the General
			 Laws.
(4) The Commissioner shall
			 not issue nor allow continued use of any Special Use Permit, when in the
			 Commissioner's opinion such permit may contribute to water or air pollution or
			 to a general lowering of environmental quality. The Commissioner may waive a
			 permit fee or requirement in whole or in part if he or she is satisfied that
			 such a waiver is consistent with Commission policy and that it is in the best
			 interest of the Commonwealth to do so.
(5) All person(s) requesting a Special Use
			 Permit must agree to indemnify and hold the Commonwealth, the Commission, its
			 employees and agents harmless against all claims relating to or arising out of
			 the use of Commission property .The Commissioner may require the Permittee to
			 obtain liability insurance to support the Permittee's obligation to indemnify
			 and hold the Comnonwealth and Commission harmless.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.204 - Special Use Permits -Commercial Activity

Current through Register 1525, July 5, 2024
The Commissioner shall issue a special use permit for
				commercial activity only after evaluating the proposed use in light of the
				following policies:
(1) A Special Use
			 Permit for Commercial Activity shall be given only after the Commissioner has
			 requested responses from at least three vendors.
(2) All commercial activities within
			 Commission lands shall be dependent upon the resources therein and shall
			 enhance the public's enjoyment thereof.
(3) In determining whether to allow a
			 proposed commercial use, the Commissioner shall consider the likely impact on
			 Commission lands and facilities, the recreation or conservation benefits that
			 will result, and the relative cost and resource effectiveness of the
			 proposal.
(4) The Commissioner or
			 his or her designee may, at their discretion, conduct a public hearing on any
			 application for a permit for a commercial activity.
(5) Commercial activities that do not
			 necessitate private control over a given area or resource for a period greater
			 than five years shall be allowed only through revocable permits. Commercial
			 activities requiring such control for a longer period shall be allowed only
			 through lease arrangements approved by the General Court, pursuant to the
			 provisions of Article 49
Amendments to the Constitution of the
			 Commonwealth of Massachusetts
, and only after such feasibility and
			 impact studies as the Commission deems necessary.
(6) The Commercial activity permit provisions
			 shall not apply to timber harvesting activities i11 and adjacent to the
			 Quabbin, Ware, and Wachusett and Sudbury watersheds.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.205 - Special Use Permits- Special Events

Current through Register 1525, July 5, 2024
(1) Special events or activities are defined
			 as supervised or organized situations involving one or more participants or
			 spectators, which might be expected to affect the public use or enjoyment or
			 the general environmental quality of any of the lands or waters of
			 MassDOT.
(2) No person shall
			 conduct any special activity or event upon the lands or waters of MassDOT
			 without first obtaining a "Special Use Permit" from the Secretary or his or her
			 designee.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.206 - Special Use Permit-Special Events -Hatch Memorial Shell

Current through Register 1525, July 5, 2024
In determining whether to issue such a Permit, the Secretary
				shall take into consideration the following factors:
(1) The overall impacts of the seasonal
			 special events schedule on the Hatch Shell environment;
(2) The impact on surrounding
			 neighborhoods;
(3) Public safety
			 and traffic concerns;
(4) The
			 impact on the general public to use and enjoy the Esplanade area.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.207 - Revocation of Special Use Permits

Current through Register 1525, July 5, 2024
(1) All Special Use Permits issued by MassDOT
			 are in the nature of a license and are revocable at-will.
(2) Any violation of a Permit by its holder,
			 its agents, employees or guests of any term or condition therein shall
			 constitute grounds for its revocation by the Secretary or his authorized
			 representative, whose action therein shall be final.
(3) In case of revocation of any Special Use
			 Permit, all monies paid for or on account thereof shall, at the option of the
			 Secretary, be retained by MassDOT, and the holder of such permit, together with
			 his or her agents, employees, and guests who violated said terms or conditions
			 shall be jointly and severally liable to MassDOT for all damages and/or loss
			 suffered by MassDOT in excess of such monies retained. Neither such retention
			 by MassDOT of the whole nor any part of such monies nor the recovery or
			 collection thereby of such damages, or both, shall in any manner relieve such
			 person(s) from criminal liability for violation of any other state or local
			 law, ordinance, rule or order.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.208 - Permits for Excavations or Driveway Openings on MassDOT Boulevards, Parkways and Land

Current through Register 1525, July 5, 2024
(1)
Definitions
.
Boulevard
. Any roadway under the care
				and control of MassDOT.
Excavation
. Any digging or opening
				into the surface of a MassDOT boulevard, parkway or land.
Parkway
. Any roadway under the care
				and control of MassDOT.
Tree
. Shall mean any tree, shrub, or
				landscape planting.
(2)
General
.
(a) MassDOT
			 land may be dug up only under the following conditions. No Boulevard or any
			 MassDOT Land shall be dug up, nor opening made therein for any purpose without
			 a permit from the Secretary or the Secretary's designee. No material shall be
			 dumped or placed on MassDOT Property. No tree shall be planted or removed or
			 obstruction or structure placed on MassDOT Property or removed therefrom or
			 changed without the written permit of MassDOT. Any work shall be done under
			 MassDOT supervision and to its satisfaction, and the entire expense of
			 replacing and resurfacing the Boulevard or other MassDOT Land at the same level
			 and in as good condition as before, with materials equal in specifications to
			 those removed, shall be paid by the persons to whom the permit was given or by
			 whom the work was done.
(b) In the
			 case of a driveway opening on a Boulevard, MassDOT shall grant a permit for a
			 driveway location or alteration only after it has been determined that there is
			 no other means of access and egress available and that said proposed driveway
			 is in conformance with generally accepted safety standards.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.209 - Violations

Current through Register 1525, July 5, 2024
(1) Whoever throws
			 or places, or causes to be thrown or placed, any trash or other debris on any
			 parkway, lake, stream or river or within 20 yards of such parkway, lake, stream
			 or river shall be punished by a fine of not more than $1,000 for the first
			 offense and not more than $10,000 for each subsequent offense (St. 1985, c.
			 197).
(2) Any other violation of
			 700
			 CMR 5.201 through 5.209 shall be punishable
			 with a fine of not more than $200.00 (St. 1980, c. 106).
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.301 - Pedestrian Rules

Current through Register 1525, July 5, 2024
(1) Pedestrians
			 shall obey all traffic signals, traffic control devices, and heed traffic
			 pavement markings when they are within 300 feet of these elements unless
			 directed otherwise by an Authorized Police Officer or an DCR Ranger.
(2)
Pedestrian Crossings and Use
			 of Roadways
. No pedestrian shall suddenly leave a sidewalk or
			 safety island and walk or run into the path of a vehicle which is so close that
			 it is impossible for the driver to yield the right of way.
(3)
Pedestrian Obedience to
			 Traffic Control Signals
. Traffic control signal color indications
			 and legends shall have the pedestrian commands ascribed to them in 700 CMR
			 5.301 and no other meanings, and every pedestrian shall comply therewith,
			 except when otherwise directed by an officer.
(a)
Red and Yellow or the Word
			 "Walk"
. Whenever the red and yellow lenses are illuminated
			 together or the single word "Walk" is illuminated, pedestrians facing such
			 indication may proceed across the roadway and in the direction of such signal
			 only.
(b)
Red Alone or
			 "Don't Walk"
. Whenever the words "Don't Walk" or any indication
			 other than red and yellow shown together are illuminated in a traffic control
			 signal where pedestrian indications are provided, pedestrians approaching or
			 facing such indication shall wait on the sidewalk, edge of roadway or in the
			 pedestrian refuge area of a traffic island and shall not enter upon or cross a
			 roadway until the proper indication is illuminated in the traffic control
			 signal, but any pedestrian who has partially completed his/her crossing on the
			 walk indication shall proceed or return to the nearest sidewalk or safety
			 island on the yellow indication, the red indication or when the words "Don't
			 Walk" are illuminated by rapid intermittent flashes.
(c)
Green Alone
. At
			 traffic control signal locations where no pedestrian indication is given or
			 provided, pedestrians facing the signal may proceed across the roadway within
			 any marked crosswalk in the direction of the green indication.
(d)
Yellow Alone, Red Alone, or
			 Flashing "Don't Walk"
. Pedestrians approaching or facing a yellow,
			 red or flashing "Don't Walk" illuminated indication shall not start to cross a
			 roadway.
(e)
Flashing
			 Red, Yellow or Green
. At any traffic control signal locations
			 where a flashing red, flashing yellow or flashing green indication is being
			 given facing a crosswalk, pedestrians shall actuate, where provided, the
			 pedestrian signal indication and cross the roadway only on the red-yellow or
			 "Walk" indication when such indication is in operation. If no pedestrian signal
			 is provided, pedestrians shall cross within crosswalks with due care.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.402 - Violations

Current through Register 1525, July 5, 2024
Any person violating any of
				700 CMR
				5.401 or 5.402 shall for each offense be
				punished by a fine of not more than $200.00. (St. 1980, c.
				106).
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.503 - Penalties

Current through Register 1525, July 5, 2024
(1) Any person
			 violating any of
			 700 CMR 5.502 shall be
			 punished in accordance with the following Schedule of Penalties:
(2) The following schedule of penalties shall
			 apply to violations of
			 700 CMR
			 5.501 through
			 5.505
			 and M.G.L. c. 90, §§ 20C and D:
Table 1 SCHEDULE A (Fine--$50.00 each)
VIOLATION CODE
03.
Fire Hydrant
28.
Handicap Ramp
SCHEDULE B (Fine--$30.00 each)
01.
Snow Accumulation
04.
Within Intersection
26.
Snow Emergency Regulation
09.
Crosswalk or Sidewalk
29.
Resident Permit Only (Boston and Cambridge)
30.
Parkland
SCHEDULE C (Fine --$25.00)
02.
Double Parking
05.
Snow Removal, Cleaning, Maintenance
06.
Obstructing Public Transportation
07.
Fire Station Exit or Entrance
08.
Railroad or Street Railway Crossing
10.
Bus or Trackless Trolley Stop
11.
Wrong Direction
12.
Emergency Areas
13.
Bridge, Viaduct, Underpass, Tunnel
14.
Restricted Area
31.
Travel Lane
SCHEDULE D (Fine--$15.00)
15.
Obstructing Driveway.
16.
Obstructing Traffic Control Signal.
17.
No Passing Zone.
18.
Less than Ten Feet.
19.
Angle Parking.
20.
Angle Parking Only.
21.
One Foot from Curb.
22.
Loading Zone.
23.
Angle Loading or Unloading.
SCHEDULE E (Fine $5.00 each)
27.
Handicap Parking
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.504 - Violation Towing

Current through Register 1525, July 5, 2024
(1) A vehicle
			 may be towed as long as the restriction is clearly posted on the DCR sign and
			 that the sign bears "Tow Zone" in the legend.
(2) Towing can occur without need of signage
			 for the following violations:
(Violation Code Number; Title)
01. Snow Accumulation
02. Double Parking
03. Fire Hydrant
04. Within Intersection
09. Crosswalk or Sidewalk
21. One Foot from Curb
26. Snow Emergency Regulation
28. Handicap Ramp
30. Parkland
31. Travel Lane
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 5.000 - Regulation Of Certain Roadways And Bridges › Section 5.505 - Payment or Appeal of Parking Violation

Current through Register 1525, July 5, 2024
(1) The offender shall make full payment to
			 the DCR Office of the Parking Clerk, 251 Causeway Street, Boston, Massachusetts
			 02114. Payment may be made by mail, or by hand delivery, by money order or
			 check. If payment is made after 21 days, the fine is increased by
			 $5.00.
(2) In lieu of payment, a
			 hearing may be obtained upon the written request of the registered owner.
			 Failure to obey this notice within 21 days after the date of violation may
			 result in the non-renewal of the license to drive and the registration of the
			 registered owner.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 6.00 - Use of Road Flaggers and Police Details on Public Works Projects › Section 6.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. The purpose of 700 CMR 6.00 is to ensure the
			 safety of pedestrians, motorists, bicyclists, and workers on, or near, a Public
			 Works Projects and to reduce overall costs through the effective use of Traffic
			 Control Devices, Road Flaggers, and Police Details and through the efficient
			 expenditure of public funds.
(2)
Scope
. 700 CMR 6.00 applies to any Public Works
			 Project that is performed within the limits of, or that impacts traffic on, any
			 Public Road.
(3)
Municipal Limitation
. When a Municipality is the
			 Awarding Authority, the use of Road Flaggers, Police Details, and other Traffic
			 Control Devices at the Construction Zone shall comply with 700 CMR 6.00 and any
			 Road Flagger and Police Detail Guideline in all respects, except to the extent
			 that any provision is inconsistent with:
(a)
			 the ordinances or bylaws of the Municipality in which the Public Works Project
			 is being undertaken; or
(b) any
			 applicable provisions of a collective bargaining agreement under M.G.L. c.
			 150E, in which case the provisions of such ordinance, bylaw, or collective
			 bargaining agreement shall control.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 6.00 - Use of Road Flaggers and Police Details on Public Works Projects › Section 6.03 - Tiers of Public Works Projects

Current through Register 1525, July 5, 2024
Public Works Projects are classified into three tiers according
				to the type of Setup for the Construction Zone and the nature of the Public
				Road. Evaluation criteria used to categorize projects include public safety,
				time of day, legal speed limits, ADT, roadway design, MUTCD standards, length
				and duration of the Setup, and limited or full access road designations on the
				Public Road.
(1)
High Speed
			 Roads
. High Speed Roads are divided and undivided Public Roads
			 with a legal speed limit greater than or equal to 45 miles per hour.
(2)
Low Traffic High Speed
			 Roads
. Low Traffic High Speed Roads are High Speed Roads with
			 volumes of traffic less than a maximum of 4000 vehicles per day.
(3)
Low Speed Roads
.
			 Low Speed Roads are divided and undivided Public Roads with a legal speed limit
			 less than 45 miles per hour.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 6.00 - Use of Road Flaggers and Police Details on Public Works Projects › Section 6.04 - Construction Zone Safety Plan

Current through Register 1525, July 5, 2024
(1)
Need for Construction Zone Safety Plan
. Awarding
			 Authorities shall complete a Construction Zone Safety Plan for all work in the
			 Public Road requiring the preparation of Design Plans. The Awarding Authority
			 may use or modify standard Construction Zone Safety Plans to accommodate
			 projects that do not require the preparation of Design Plans and for emergency
			 work.
(2)
Consultation
			 with Law Enforcement Personnel
. All Construction Zone Safety Plans
			 shall be prepared in consultation with the law enforcement agency or agencies
			 having primary responsibility for the patrol and enforcement of vehicular and
			 criminal law on the Public Road within which the Construction Zone is located.
			 Such consultation shall take place as early as practicable.
(3)
Compliance
. All
			 Construction Zone Safety Plans shall recognize the purposes of, and shall
			 otherwise comply with the requirements of 700 CMR 6.00.
(4)
Elements of the
			 Plan
. The Plan shall be comprised of the standard traffic control
			 plans, and work zone safety guidelines and shall include any traffic management
			 plan or temporary traffic control plan including road detour plans, road
			 closure plans, and plans to mitigate the impact of vehicular and pedestrian
			 traffic outside of the Construction Zone. It also shall detail Construction
			 Zone impact management strategies, including Alternative Plans, and how they
			 will be implemented. When required by 700 CMR 6.05 or when the Awarding
			 Authority has determined it is necessary and appropriate, the Plan shall
			 require the use of personnel to ensure the safety of workers in the
			 Construction Zone and the safety of the public, and, where Road Flaggers,
			 Police Details or both are called for, the Plan shall include the number of
			 Road Flaggers and Police Details required to be on-site daily and the
			 procedures, established in consultation with the appropriate law enforcement
			 agency, to be followed if the designated personnel fail to arrive at the
			 Construction Zone as agreed.
(5)
Safety and Other Considerations
. The Plan shall take
			 into account particular aspects of the Public Road such as ADT, traffic
			 patterns, roadway design, proximity to security sensitive areas such as
			 airports and seaports, proximity to schools, hospitals, playgrounds, and other
			 youth activity locations, and areas with a history of traffic accidents, or a
			 history of criminal and civil offenses committed in close proximity to the
			 Construction Zone. The Plan shall also take into account the impact the Public
			 Works Project will have on vehicular and pedestrian traffic and safety outside
			 of the Construction Zone.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 6.00 - Use of Road Flaggers and Police Details on Public Works Projects › Section 6.05 - Use of Road Flaggers and Police Details

Current through Register 1525, July 5, 2024
(1)
High Speed Roads
. Except as otherwise provided in 700
			 CMR 6.05(1), the Construction Zone Safety Plan shall require that Police
			 Details be used in all Construction Zones located on High Speed Roads. When the
			 Awarding Authority, acting in accordance with 700 CMR 6.00, determines that it
			 is appropriate under the Construction Zone Safety Plan and consistent with
			 public safety to do so, it may call for the use of Road Flaggers on High Speed
			 Roads where traffic flow has been separated from the Construction Zone through
			 the use of continuous, connected barriers such as temporary concrete traffic
			 barriers, crash walls, or other similar median barriers.
(2)
Low Speed Roads and Low
			 Traffic High Speed Roads
. Except as otherwise provided in 700 CMR
			 6.05(2), the Construction Zone Safety Plan shall require that Road Flaggers be
			 used in all Construction Zones located on all Low Speed Roads and on all Low
			 Traffic High Speed Roads. When the Awarding Authority, acting in accordance
			 with 700 CMR 6.00, determines that it is appropriate under the Construction
			 Zone Safety Plan and consistent with public safety to do so, it may call for
			 the use of Police Details on Low Speed Roads and Low Traffic High Speed
			 Roads.
(3)
Use of
			 Neither Police Details nor Road Flaggers
. Notwithstanding 700 CMR
			 6.05(1) and 6.05(2), in instances when it is appropriate under the Construction
			 Zone Safety Plan, and possible to protect the Construction Zone from vehicular
			 traffic and to ensure the public safety, the Authorized Representative shall
			 have the authority to determine that neither Road Flaggers nor Police Details
			 are needed on all or a portion of a Public Works Project.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 6.00 - Use of Road Flaggers and Police Details on Public Works Projects › Section 6.07 - Responsibility of Road Flaggers and Police Details

Current through Register 1525, July 5, 2024
(1)
Instruction
. It
			 is the responsibility of the Authorized Representative to fully brief Road
			 Flaggers and Police Details with respect to the Construction Zone Safety Plan
			 and their duties and responsibilities.
(2)
Training
. Road
			 Flaggers shall be 18 years of age or older and shall receive training in
			 construction zone safety, traffic control, first aid, and such other necessary
			 safety programs as identified by the Awarding Authority. Road Flaggers must
			 successfully complete the MassDOT approved certification program and carry a
			 valid certification card at all times.
(3)
Duration of Work and
			 Compensation
. Road Flaggers and Police Details shall remain at the
			 Construction Zone for the hours scheduled by the Authorized Representative or
			 the Awarding Authority, and shall perform required duties in accordance with
			 the Guidelines. Except to the extent it conflicts with a collectively bargained
			 agreement or local ordinance or bylaw then in effect when a Municipality is the
			 Awarding Authority, Road Flaggers and Police Details shall be compensated only
			 for the time spent performing their traffic control function at the
			 Construction Zone. Road Flaggers or Police Details who arrive late, depart
			 early, or are terminated from the Construction Zone by the Authorized
			 Representative for noncompliance with 700 CMR 6.00 shall be compensated only
			 for the time spent performing their traffic control function at the
			 Construction Zone.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 6.00 - Use of Road Flaggers and Police Details on Public Works Projects › Section 6.08 - Administration

Current through Register 1525, July 5, 2024
(1)
Administration of 700 CMR 6.00 and Road Flagger and Police Detail
			 Guidelines
. MassDOT, in consultation with EOPSS, shall administer
			 700 CMR 6.00 and the Road Flagger and Police Detail Guidelines as necessary to
			 implement 700 CMR 6.00.
(2)
Additional Police Details Requested by Municipalities
.
			 Police Details provided by a Municipality to any Commonwealth Entity shall be
			 provided at the Commonwealth Entity's cost for the period of time requested by
			 the Awarding Authority consistent with the Construction Zone Safety Plan, and
			 shall be based on rates equal to those paid by the Municipality for Police
			 Details on its own Public Works Projects. A Municipality may request in writing
			 the placement of additional Police Details on a project awarded by a
			 Commonwealth Entity or may request the payment of additional compensation above
			 such approved rate; provided however, that in the event the use of such
			 additional Police Details is deemed unnecessary by the Awarding Authority or is
			 inconsistent with the Construction Zone Safety Plan, the Municipality shall
			 supply the additional Police Details and shall be responsible for any
			 additional compensation.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 6.00 - Use of Road Flaggers and Police Details on Public Works Projects › Section 6.09 - Miscellaneous

Current through Register 1525, July 5, 2024
(1)
Police Power and Commonwealth Jurisdiction
. Nothing in
			 700 CMR 6.00 shall be interpreted to alter or otherwise limit the authority of
			 any law enforcement agency with respect to police matters within the
			 Construction Zone or the Public Way, or with respect to the extent of the
			 Commonwealth's jurisdiction over certain Public Ways.
(2)
Severability
.
			 The provisions of 700 CMR 6.00 shall be deemed severable. If any of its
			 provisions shall be held to be invalid or unconstitutional by any court of
			 competent jurisdiction, the remaining provisions shall continue in full force
			 and effect.
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 7.01 - Scope and Effect

Current through Register 1525, July 5, 2024
(1)
Scope
. 700 CMR 7.00 regulates activity, and
			 establishes procedures, requirements, and penalties, with respect to the use of
			 ways under the jurisdiction of the Massachusetts Department of Transportation.
			 A provision of 700 CMR 7.00 applies equally to each such way, whether or not
			 the provision refers explicitly to a way, unless the provision states
			 otherwise.
(2)
Effect
. The headings of 700 CMR 7.00 are provided for
			 ease of reference only and should not be used to construe its provisions. A
			 judicial determination that a provision of 700 CMR 7.00 is unenforceable does
			 not affect another provision of 700 CMR 7.00 unless the provisions are
			 integrally related and cannot be severed.
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 7.04 - EZDrive MA Toll Collection

Current through Register 1525, July 5, 2024
(1)
EZDrive MA System
. The Department from time to time
			 establishes the terms and conditions governing the use of the E-ZDrive MA
			 system and requires that all users of the EZDrive MA System accept these terms
			 and conditions. The EZDrive MA system is comprised of E-ZPass MA and Pay By
			 Plate.
(2)
Use of the
			 EZDrive MA System
. No person may use or attempt to use the
			 Department's EZDrive MA system unless:
(a) the
			 vehicle driven is properly registered with the appropriate RMV/DMV;
(b) the vehicle license plate number,
			 jurisdiction, and other identifying characters on the license plate are all
			 clearly visible at all times and the license plate(s) is/are unobstructed and
			 mounted in compliance with M.G.L. c. 90, § 6; and
(c) the person agrees to adhere to all laws,
			 regulations and terms and conditions governing the use of the Massachusetts
			 Turnpike, MHS and the EZDrive MA system.
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 7.07 - Special Limitations and Issuance of Special Permits

Current through Register 1525, July 5, 2024
(1)
Scope and
			 Organization
.
(a)
Over-weight Vehicles; Over-size Vehicles; Small Tandem Units; and
			 Vehicles Carrying Reducible Loads, Explosives, and Special Fuel
.
			 700 CMR 7.07 establishes limitations on use and provides for special permits
			 with respect to: over-weight vehicles, 700 CMR 7.07(3); vehicles carrying
			 reducible loads, 700 CMR 7.07(3); small tandem units, 700 CMR 7.07(3)(c)4.;
			 over-size vehicles, 700 CMR 7.07(4); vehicles carrying explosives, 700 CMR
			 7.07(5); and vehicles carrying a special fuel, 700 CMR 7.07(6).
(b)
Applicability to Large Tandem
			 Units
. The provisions of 700 CMR 7.07 apply to large tandem units,
			 except that
			 700 CMR 7.08(3)
			 and (4) governing length and weight
			 limitations, respectively, applicable to large tandem units, supersede any
			 conflicting provisions of 700 CMR 7.07.
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 7.09 - Traffic, Operation, and Safety

Current through Register 1525, July 5, 2024
(1)
Signs and
			 Orders
.
(a)
Signs
. The Department erects signs on ways to
			 implement the provisions of
			 700 CMR 7.00, for purposes of
			 trial use, or in the event of an emergency. A person may not disobey a sign
			 unless a Massachusetts State Police officer directs otherwise. A person may not
			 purposefully strike, move, deface, injure, obstruct, or interfere with a sign.
			 A person may not, in any manner or by any means, erect or otherwise deploy any
			 sign, signal, marking, or any other device that would be a sign if the
			 Department deployed it, except with the approval, and at the direction, of the
			 Department.
(b)
Orders
. A person may not fail to comply with any
			 lawful order, signal, or direction by voice, hand, whistle, or Massachusetts
			 State Police officer.
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 7.10 - Motor Carrier Safety Act

Current through Register 1525, July 5, 2024
The Department hereby adopts and incorporates by reference into
				700 CMR 7.00, with full force
				and effect and subject to other applicable provisions of
				700 CMR 7.00, 49 CFR 325,
				390-393, 395-396, and 399 (1997), governing highway safety and noise emissions.
				All operators shall conform to the requirements of these
				provisions.
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 7.11 - Hazardous Materials

Current through Register 1525, July 5, 2024
(1)
In the Tunnels
. Passenger or commercial vehicles
			 carrying any amount of hazardous material, excluding those permissible
			 materials required for the actual operation of the vehicle, may not enter or
			 use the Tunnels. Hazardous material is defined and listed in 49 CFR Chapter 1,
			 Subchapter C. Official emergency vehicles, as defined in
			 700 CMR 7.02 are
			 exempt.
(2)
On Ways
			 Other than the Tunnels
. The Department adopts the regulations set
			 forth in 49 CFR Parts 171, 172, 173, 177, 178, and 179 and 10 CFR Part 71,
			 subject to the exclusions set forth in 700 CMR 7.11(3), for the purpose of
			 governing the transportation of hazardous materials upon a way other than the
			 Tunnels. The Department adopts 49 CFR Parts 171, 172, 173, 177, 178, and 179
			 and 10 CFR Part 71 as fully applicable to the transportation of hazardous
			 materials upon a way other than the tunnels and without their limitation to
			 transportation in commerce. No person may offer, accept, or transport a
			 hazardous material upon a way other than the Tunnels unless the material is
			 properly classed, described, packaged, marked, labeled, handled, placarded, and
			 in proper condition for shipment in accordance with 49 CFR and 10 CFR on the
			 date of the hazardous material's entry upon a way other than the
			 Tunnels.
(3)
Inapplicable Federal Regulations
. The Department does
			 not adopt under 700 CMR 7.11(2) the following regulations set forth in 49 CFR
			 Parts 171, 172, 173, 177, 178, or 179:
(a)
			 Those regulations that apply to the transportation of hazardous materials by
			 air, water, rail, or pipeline; and,
(b) Those regulations that require the
			 reporting of hazardous material incidents, including, but not limited to, 49
			 CRR Parts 171.15 and 171.16.