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 7.05 - EZDrive MA Toll Enforcement

Current through Register 1525, July 5, 2024
(1)
Enforcement
. Operators who use the EZDrive MA system
			 acknowledge and authorize MassDOT or its contractor to acquire the name and
			 address of the Registered Owner of record of the vehicle for purposes of
			 EZDrive MA toll collection and enforcement. A Clerk may enforce the provisions
			 of 700 CMR 7.05.
(2)
Designation of Clerks
. MassDOT may designate one or
			 more Clerks to perform the functions specified in 700 CMR 7.05(3) for MassDOT
			 and for such finite or indefinite period as MassDOT deems desirable.
(3)
Functions of the
			 Clerks
. The Clerks coordinate and administer the processing of
			 EZDrive MA statements, invoices and notices, and any and all other duties and
			 tasks associated with toll collection, toll enforcement, and the EZDrive MA
			 system. MassDOT may hire or designate such personnel and organize such
			 divisions as MassDOT may deem necessary, or contract for such services, in
			 order to carry out the provisions of 700 CMR 7.05(3).
(4)
Issuance and Content of Pay
			 By Plate Invoices and Notices
.
(a)
Information regarding the
			 Balance Due
. A Pay By Plate Invoice and notice include, but is not
			 limited to, the following information: the registration number and state of
			 issuance of the registration number of the vehicle involved; the name of the
			 registered owner of the vehicle, or other responsible party where applicable;
			 the lessee or renter as identified by
			 700 CMR
			 7.04(8)(b); the date, time
			 and place of the transaction; the total amount owed; the applicable fines or
			 penalties incurred that MassDOT has assessed; and such other information as
			 MassDOT may deem appropriate.
(b)
Notice of Requirement to Respond
. A Pay By Plate
			 invoice and notice states that the Registered Owner of record or responsible
			 party where applicable, must pay the Balance Due by the Payment Due Date,
			 appeal, or request a hearing for these items. The invoice and notice describes
			 the means and content of the response for payment or appeal.
(c)
Delivery of Invoice and
			 Notice
. A Clerk issues and may certify invoices and notices as
			 soon as practicable by mail to the Registered Owner of the vehicle or
			 responsible party, where applicable at the address of the registrant on record
			 with the Massachusetts Registry of Motor Vehicles, or, in the case of a motor
			 vehicle registered under the laws of another state or jurisdiction, 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, or as supplied
			 by a third party provider under contract with the Department, or to the name
			 and address of the lessee or renter in accordance with
			 700 CMR
			 7.04(8)(b). Notices of
			 Liability shall be sent to the Registered Owner of the vehicle.
(d)
Prima Facie
Evidence of Notice
. Delivery by
			 mail of a copy of an Invoice or Notice is sufficient notice of the failure to
			 pay the required toll and/or Balance Due. Certification of the invoice or
			 notice by a 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 unpaid toll transactions, and
			 related fees, fines and penalties. The Clerk shall maintain a docket of all
			 copies of notices.
(f)
Civil or Criminal Action
. MassDOT may pursue such
			 civil or criminal action as it deems appropriate to collect outstanding tolls,
			 fees, and fines assessed as well as such additional fines or penalties as
			 MassDOT may assess in accordance with
			 700 CMR
			 7.00.