Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 11.00 - Maurice J. Tobin Memorial Bridge › Section 11.99 - Penalties for Violations

Current through Register 1525, July 5, 2024
(1)
Exemptions
. 740 CMR 11.99 does not apply to, and the
			 Authority does not impose a penalty with respect to, an operator of a motor
			 vehicle acting in conformity with the direction of a toll collector or police
			 officer, to the operator of a vehicle actually engaged in work on a way when
			 the requirements of the work necessitates a departure from any of the
			 requirements of
			 740 CMR 11.00 and the
			 departure does not endanger the safety of individuals or property, or to a toll
			 officer or police officer when engaged in the performance of duties that
			 necessitates a departure from any of the requirements of
			 740 CMR 11.00, or to the
			 operator of an official emergency vehicle when an emergency necessitates
			 departure from any of the requirements of
			 740 CMR 11.00. 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 motor vehicle is operated on a way in violation
			 of any provision of
			 740 CMR 11.00 or any other
			 regulation or law of Massachusetts, and the identity of the operator of the
			 motorvehicle cannot be determined, the person in whose name the motor vehicle
			 is registered is deemed
prima facie
responsible for the
			 violation except as otherwise provided with respect to the responsibility of an
			 account holder under
			 740 CMR
			 11.04.
(3)
Fines.
(a)
Fines by Reference to
			 Sections of
			 740 CMR 11.00
.
			 Whoever violates any provision of
			 740 CMR 11.00 is subject to a
			 fine not exceeding the amount indicated below in addition to other penalties as
			 the laws of Massachusetts or federal law may provide. The section 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.
1. A police officer may warn or fine an
			 operator or person for violating a provision of
			 740 CMR 11.00
et
			 seq
. upon determination that the operator or person has violated one
			 or more of the provisions of
			 740 CMR 11.00
et
			 seq
.
2. A violation of
			 740 CMR
			 11.03(3),
			 740 CMR
			 11.03(6),
			 740 CMR
			 11.04(3), or
			 740 CMR 11.04(5)
			  shall be punished by a fine of
			 $100.00.
3. A violation of
			 740 CMR 11.05(4)(a)
			  shall be punished by a fine of
			 $100.00.
4. A violation of
			 740 CMR 11.05(11)
			  shall be punished by a fine of $50.00. An
			 additional fine of $10.00 for each mile per hour in excess of ten miles per
			 hour over the posted speed limit shall be assessed.
5. All other violations of 740 CMR
et
			 seq
. shall be punished as follows:
a. First offense: warning or fine not to
			 exceed $50.00.
b. Second offense
			 within 12 months of the first offense: fine not less than $50 and not more than
			 $150.00.
c. Third or any subsequent
			 offense within 12 months of the first offense: fine not less than $150 and not
			 more than $250.00.