reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.04 - Decision by the Authority with Respect to a Petition

Current through Register 1525, July 5, 2024
(1)
Scope
. 703 CMR 4.04 governs the procedure by which the Authority determines how to proceed with a petition submitted under 703 CMR 4.02.
(2)
Alternative Actions
. the Authority may consider any recommendations or determinations that the general counsel makes under 703 CMR 4.03 with respect to a petition or may consider a petition alone. the Authority may decide to:
(a) take no further action on a petition;
(b) postpone action on a petition until the petitioner has redrafted or supplemented it to meet stated deficiencies;
(c) postpone action on a petition to a subsequent meeting or indefinitely;
(d) proceed under 703 CMR 4.06, and in accordance with the requirements of M.G.L. c. 30A, § 2, to adopt, amend, or repeal a regulation of the Authority after a hearing;
(e) proceed under 703 CMR 4.07, and in accordance with the requirements of M.G.L. c. 30A, § 3, to adopt, amend, or repeal a regulation of the Authority without a hearing;
(f) proceed under 703 CMR 4.08, and in accordance with the requirements of M.G.L. c. 30A, § 8, to issue an Advisory Ruling; or
(g) take any other action that the Authority deems appropriate.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.05 - Initiation of an Action by the Authority

Current through Register 1525, July 5, 2024
The Authority may, at its own initiative and at any time, decide to proceed under 703 CMR 4.06 or 4.07.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.06 - Adoption, Amendment, or Repeal of a Regulation after a Hearing

Current through Register 1525, July 5, 2024
(1)
Scope
. 703 CMR 4.06 governs the procedure by which the Authority, acting either in response to a petition submitted under 703 CMR 4.02 or on its own initiative, acts to adopt, amend, or repeal a regulation after a hearing.
(2)
Requirement of a Hearing
. The Authority takes action to adopt, amend, or repeal a regulation in conformance with 703 CMR 4.06 if M.G.L. c. 30A, § 2, requires a hearing.
(3)
Notice
. The Authority provides notice in accordance with the requirements of M.G.L. c. 30A, § 2, and any other applicable law, prior to the adoption, amendment, or repeal of a regulation as to which a hearing is required.
(4)
Conduct of the Hearing
. A hearing takes place on the date and at the place specified in the notice provided under 703 CMR 4.06(3). The Authority conducts the hearing in conformance with M.G.L. c. 30A, § 2, and the following provisions.
(a) One or more Authority designees, the general counsel, or a hearing officer designated by the Authority (referred to simply as the hearing officer) may conduct a hearing.
(b) The hearing officer may impose reasonable time or other restrictions on the presentation of testimony or materials in order to make best use of the time initially allotted for the hearing.
(c) The hearing officer may adjourn and continue the hearing to a specified time and place if the hearing officer determines that the initial time allotted for the hearing has proven to be insufficient in view of the goal of providing the Authority with as accurate and balanced a view of the relevant facts and issues as is practicable.
(d) The hearing officer shall submit a report to the Authority, either orally or in writing as the Authority determines, that includes a summary of the proceedings, any recommendations that the hearing officer may wish to make, and all materials submitted at the hearing in accordance with 703 CMR 4.06(5).
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.07 - Adoption, Amendment, or Repeal of a Regulation without a Hearing

Current through Register 1525, July 5, 2024
(1)
Scope
. 703 CMR 4.07 governs the procedure by which the Authority, acting either in response to a petition submitted under 703 CMR 4.02 or on its own initiative, acts to adopt, amend, or repeal a regulation without a hearing.
(2)
Determination That a Hearing Is Not Required
. The Authority takes action to adopt, amend, or repeal a regulation in conformance with 703 CMR 4.07 if M.G.L. c. 30A, § 3, does not require a hearing.
(3)
Notice
. The Authority provides notice in accordance with the requirements of M.G.L. c. 30A, § 3, and any other applicable law prior to the adoption, amendment, or repeal of a regulation as to which a hearing is not required.
(4)
Submission of Materials
. An interested person may submit written materials to the Authority relating to the subject matter of the proposed adoption, amendment, or repeal of a regulation. Such materials are addressed to the general counsel at the main office of the Authority or delivered in person to the main office during regular business hours. The written materials must identify the sender by name and address, and the general counsel must receive the materials not later than five business days before the date set out in the notice under 703 CMR 4.07(3). The Authority may specify in the notice provided under 703 CMR 4.07(3) the manner, place, and time that interested persons may orally present data, views, or argument if the Authority determines that oral presentations are desirable and practicable.
(5)
Decision
. In making its decision regarding the proposed adoption, amendment, or repeal of a regulation, the Authority may take into account in whatever manner and to whatever extent it deems appropriate any oral or written information, opinion, or argument presented under 703 CMR 4.07(4) and any other oral or written information, opinion, or argument that the Authority decides to consider in order to assist it in reaching a decision.
(6)
Form of the Regulation
. The Authority may decide to adopt, amend, or repeal a regulation in a revised form in a manner that is consistent with the requirements of 703 CMR 4.07(3).
(7)
Emergency Regulation
. Notwithstanding the provisions or requirements of any other subsection of 703 CMR 4.07, the Authority may adopt an emergency regulation under the circumstances described by, and in conformance with, M.G.L. c. 30A, § 3.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.08 - Issuance of an Advisory Ruling

Current through Register 1525, July 5, 2024
The Authority may issue an Advisory Ruling in response to a petition submitted under 703 CMR 4.02. The Authority is disinclined to answer hypothetical or abstract questions or questions that inquire generally about the construction or application of a particular statute, regulation, or policy absent a specific factual underpinning set forth in the petition.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.09 - Filing, Publication, and Public Access

Current through Register 1525, July 5, 2024
The Authority conforms to the filing requirements of M.G.L. c. 30A, § 5, with respect to actions that the Authority takes under 703 CMR 4.06 or 4.07 and provides to the state secretary all documents required to be provided under M.G.L. c. 30A, § 6, for publication in the Massachusetts Register. The Authority provides public access to the regulations of the Authority in conformance with the requirements of M.G.L. c. 30A, § 6B. The Authority also provides public access to all Advisory Rulings issued under 703 CMR 4.08 at its main office during normal business hours and provides copies of Advisory Rulings upon request for a reasonable fee.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 5.00 - Fare Evasion › Section 5.01 - Purpose, Scope and Effect

Current through Register 1525, July 5, 2024
(1)
Purpose
. The MBTA establishes
			 703 CMR
			 5.00 to promote revenue collection and address issues
			 related to the fraudulent or illegal evasion of fare payments on vehicles or
			 ferries owned by or operated for the MBTA.
			 703 CMR
			 5.00 establishes a process by which violators may be
			 issued a warning or noncriminal citation and assessed a fine proportionate to
			 the nature of the offense.
(2)
Scope
.
			 703 CMR
			 5.00 establishes procedures, requirements, and
			 penalties relating to the issuance of warnings and noncriminal citations for
			 the unlawful evasion of fares on the MBTA.
			 703 CMR
			 5.00 regulates the collection of fines, fine amounts,
			 penalties for failure to pay fines, options for alternatives to resolve fines,
			 and appeals of noncriminal citations issued pursuant to M.G.L. c. 159, §
			 101 and
			 703 CMR
			 5.00.
(3)
Effect
. The headings of
			 703 CMR
			 5.00 are provided for ease of reference only and
			 should not be used to construe its provisions. A judicial determination that a
			 provision of
			 703 CMR
			 5.00 is unenforceable does not affect another
			 provision of
			 703 CMR
			 5.00, unless the provisions are integrally related and
			 cannot be severed.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 5.00 - Fare Evasion › Section 5.02 - Definitions

Current through Register 1525, July 5, 2024
The following terms and their grammatical counterparts are used
				in 703 CMR
				5.00 as follows: Authority or MBTA refers to the
				Massachusetts Bay Transportation Authority created by M.G.L. c. 161A.
Fare Evasion
means failure or refusal
				to pay or prepay the required fare, or improper use of any reduced fare card,
				on any vehicle or ferry owned by or operated for the MBTA.
Fare Inspector
means any person
				designated by the MBTA to verify that a passenger has paid the required fare
				and to issue a warning or noncriminal citation for failure to pay the required
				fare.
Fine
means the amount assessed to a
				person for fare evasion.
Hearings Officer
means the person or
				persons designated by the MBTA to hear appeals of noncriminal citations
				pursuant to
				703
				CMR 5.05(3).
Noncriminal Citation
means a citation
				issued to a person who evades payment of a fare on any vehicle or ferry owned
				by or operated for the MBTA.
Warning
means a written warning issued
				for a first offense of fare evasion within a three-year
				period.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 5.00 - Fare Evasion › Section 5.03 - Warnings and Noncriminal Citations

Current through Register 1525, July 5, 2024
If a Fare Inspector or Transit Police Officer determines that
				someone has evaded payment of the required fare or fraudulently misused a
				reduced fare card, or if, upon request, any person fails or refuses to provide
				proof of having paid or prepaid the required fare for any vehicle or ferry
				owned by or operated for the MBTA, the Inspector or Officer may issue such
				person a written Warning or Noncriminal Citation.
(1)
Warning
. Any
			 person who fails or refuses to provide proof of having paid or prepaid the
			 required fare as set forth in
			 703
			 CMR 5.03 shall be issued a written Warning
			 for the first offense within a three-year period.
(2)
Noncriminal
			 Citation
. A Noncriminal Citation includes, but is not limited to:
			 the amount of the fine due pursuant to
			 703
			 CMR 5.04(1); a statement
			 that the person receiving the citation must pay or appeal the fine by the
			 payment due date stated on the citation; a description of the means for payment
			 or appeal; and a statement that a hearing may be obtained upon written request
			 of the violator in accordance with the instructions and in the time frame
			 stated on the citation. The citation notice may state such other information as
			 the MBTA may deem appropriate.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 5.00 - Fare Evasion › Section 5.04 - Fines, Lookback Period, Alternative Methods of Resolution

Current through Register 1525, July 5, 2024
(1)
Fines, Lookback
			 Period
.
(a) A person shall be
			 issued a written Warning for a first offense of Fare Evasion within a
			 three-year period. A person receiving a written Warning under
			 703
			 CMR 5.04 shall not be assessed a
			 fine.
(b) Fines associated with the
			 issuance of a Noncriminal Citation are as follows:
1. First offense in a three-year period -
			 Only a written Warning per
			 703
			 CMR 5.04(1)(a)  - No
			 fine
2. Second offense -
			 $50
3. Third offense -
			 $50
4. Fourth offense -
			 $50
5. Fifth or subsequent offense
			 incurred within three years from the date of the first offense - $100
(c)
Fraud or Misuse of
			 Reduced Fare Card
. Any person who fraudulently misuses a reduced
			 fare card shall forfeit the card to the Fare Inspector or Transit Police
			 Officer issuing the warning or citation and shall be subject to the following:
1. First offense in a three-year period -
			 Only a written Warning per
			 703
			 CMR 5.04(1)(a)  - No
			 fine
2. Second offense -
			 $75
3. Third offense -
			 $75
4. Fourth offense -
			 $75
5. Fifth or subsequent offense
			 incurred within three years from the date of the first offense - $150
(d)
Three Year
			 Lookback Period
. In determining whether an instance of Fare
			 Evasion is a person's first or subsequent offense, the MBTA shall count only
			 those Fare Evasion offenses having occurred within the preceding three
			 years.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 5.00 - Fare Evasion › Section 5.06 - Annual Report

Current through Register 1525, July 5, 2024
The MBTA shall publish an annual report as directed in M.G.L.
				c. 159, § 101(f) that includes data relative to warnings and noncriminal
				citations issued in the 12 months preceding the report.
Code of Massachusetts Regulations › 720 CMR - DEPARTMENT OF HIGHWAYS › Title 720 CMR 9.00 - Rescinds › Section 9.03 - Parking

Current through Register 1525, July 5, 2024
(1)
Restricted Places
. No person shall stand or park any
			 vehicle in any street, way or highway under the control of the Department and
			 no person shall allow, permit or suffer any vehicle registered in his name to
			 stand or park in any street, way or highway under the control of the Department
			 in violation of any rules of the Department and in particular in any of the
			 following places except when necessary to avoid conflict with other traffic or
			 in compliance with the direction of a police officer or traffic sign or signal.
(a) Within a crossover.
(b) Within an intersection.
(c) Upon any sidewalk.
(d) Upon any crosswalk.
(e) Upon the roadway in a rural or sparsely
			 settled district.
(f) Upon the
			 roadway in a business or residential district where parking is permitted unless
			 both wheels on the right side of the vehicle are within twelve inches of the
			 curb or edge of the roadway, except where angle parking is permitted.
(g) Upon any roadway where the parking of a
			 vehicle will not leave a clear and unobstructed lane 12' wide in each direction
			 for passing traffic.
(h) Upon any
			 highway within twenty feet of an intersecting way, except alleys.
(i) Upon any highway within ten feet of a
			 fire hydrant.
(j) Upon or in front
			 of any private road or driveway without the consent of the owner of said road
			 or driveway.
(k) Upon any street or
			 highway where the parking of a vehicle will obstruct or hide from view any
			 traffic control signal provided signs are erected notifying of such regulation
			 or restriction.
(l) Upon a safety
			 rest area those vehicles left unattended for more than 30 consecutive minutes
			 provided signs are posted notifying of such restrictions.
Code of Massachusetts Regulations › 720 CMR - DEPARTMENT OF HIGHWAYS › Title 720 CMR 9.00 - Rescinds › Section 9.05 - One-Way and Rotary Traffic

Current through Register 1525, July 5, 2024
(1)
One-Way
. Upon those highways designated by the
			 Department for one-way traffic, and sign-posted for the same, no driver shall
			 proceed except in the direction indicated by such signs.
(2)
Rotary Traffic
.
			 Within areas specified and posted by the Department for rotary traffic,
			 operators shall proceed only in a rotary counter-clockwise direction, except
			 when otherwise directed by a police officer.
Code of Massachusetts Regulations › 720 CMR - DEPARTMENT OF HIGHWAYS › Title 720 CMR 9.00 - Rescinds › Section 9.06 - Operation of Vehicles

Current through Register 1525, July 5, 2024
(1)
Drive Within Marked Lanes
. When any roadway is divided
			 into lanes, the driver of a vehicle shall so drive that the vehicle shall be
			 entirely within a single lane, and he shall not move from the lane in which he
			 is driving until he has first ascertained if such movement can be made with
			 safety.
(2)
Use Right
			 Lane
. Upon all roadways the driver of a vehicle shall drive in the
			 lane nearest the right side of the roadway when said lane is available for
			 travel, except when overtaking another vehicle or when preparing for a left
			 turn.
(3)
Overtaking
			 Other Vehicles
. The driver of any vehicle overtaking another
			 vehicle proceeding in the same direction shall pass at a safe distance to the
			 left thereof, and shall not cut in ahead of such other vehicle until safely
			 clear of it.
(4)
Overtake Only When There is a Space Ahead
. The driver
			 of a vehicle shall not overtake and pass a vehicle proceeding in the same
			 direction unless there is sufficient clear space ahead on the right side of the
			 roadway to permit the overtaking to be completed without impeding the safe
			 operation of any vehicle ahead or without causing the driver of any such
			 vehicle to change his speed or alter his course, except as provided in 720 CMR
			 9.06(5).
(5)
Vehicle
			 Being Passed
. Subject to the porvisions of M.G.L. c. 89, § 2,
			 the driver of a vehicle when about to be over takenand passed by another
			 vehicle approaching from the rear shall give way to the right when practicable
			 in favor of the overtaking vehicle, on suitable and visible signal being given
			 by the driver of the overtaking vehicle, and shall not increase the speed of
			 his vehicle until completely passed by the overtaking vehicle.
(6)
Obstructing
			 Traffic.
(a) No person shall
			 drive in such a manner as to obstruct unnecessarily the normal movement of
			 traffic upon any highway. Officers are hereby authorized to require any driver
			 who fails to comply with 720 CMR 9.06(6) to drive to the side of the roadway
			 and wait until such traffic as has been delayed has passed.
(b) Subject to the provisions of M.G.L. c.
			 89, § 11, no driver shall enter an intersection or a marked crosswalk
			 unless there is sufficient space on the other side of the intersection or
			 crosswalk and on the right half of the roadway to accommodate the vehicle he is
			 operating without obstructing the passage of other vehicles or pedestrians,
			 notwithstanding any traffic control signal indication to proceed.
Code of Massachusetts Regulations › 720 CMR - DEPARTMENT OF HIGHWAYS › Title 720 CMR 9.00 - Rescinds › Section 9.08 - Limited Access and Express State Highways

Current through Register 1525, July 5, 2024
(1)
Effect of
			 720 CMR
			 9.00
. 720 CMR 9.08(2) shall be effective
			 on all limited access State Highways and express state highways where official
			 signs have been posted prohibiting bicycles, pedestrians and/or horse drawn
			 vehicles.
(2)
Limited
			 Access and Express State Highway Regulations.
(a)
Horsedrawn
			 Vehicles
. No person shall ride or drive a horse or a horsedrawn
			 vehicle within the limits of or on any portion of any highway where official
			 signs have been erected at the approaches of said highway prohibiting such
			 traffic.
(b)
Bicycles
. No person shall operate or ride a bicycle
			 within the limits of or on any portion of any highway where official signs have
			 been erected at the approaches of said highway prohibiting such
			 traffic.
(c)
Pedestrians
. No person shall use any highway for
			 pedestrian or foot traffic purposes except in emergency, where official signs
			 have been erected at the approaches of said highway prohibiting such
			 traffic.
Code of Massachusetts Regulations › 720 CMR - DEPARTMENT OF HIGHWAYS › Title 720 CMR 9.00 - Rescinds › Section 9.09 - Pedestrian Regulations

Current through Register 1525, July 5, 2024
(1)
Pedestrians Crossing Ways or Roadways
. Pedestrians
			 shall obey the directions of police officers directing traffic and whenever
			 there is an officer directing traffic, a traffic control signal or a marked
			 crosswalk within 300 feet of a pedestrian, no such pedestrian shall cross a way
			 or roadway except within the limits of a marked crosswalk and as hereinafter
			 provided in
			 720 CMR
			 9.00.
(2)
Pedestrian Actuation
.
(a) At a traffic control signal location
			 where pedestrian indications are provided but which are shown only upon
			 actuation by means of a pedestrian push button, no pedestrian shall cross a
			 roadway unless or until the pedestrian control signal push button has been
			 actuated and then cross only on the proper pedestrian signal indication. At
			 traffic control signal locations where no pedestrian indication is provided,
			 pedestrians shall cross only on the green indication. If necessary, the green
			 indication shall be actuated by the pedestrian by means of a push
			 button.
(b) At a traffic control
			 signal location, pedestrians shall yield the right of way to vehicles of a
			 funeral or other procession or authorized emergency vehicle while in
			 performance of emergency duties regardless of the signal indication given, and
			 they shall not attempt to cross the roadway until such vehicles or procession
			 has passed at which time pedestrians shall then cross the roadway only as
			 provided in
			 720 CMR
			 9.00.
Code of Massachusetts Regulations › 730 CMR - MASSACHUSETTS TURNPIKE AUTHORITY › Title 730 CMR 2.00 - Rules for Adopting, Amending or Repealing Administrative Regulations, and For Issuing Advisory Rulings (Reserved)

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
730 CMR 2.00: M.G.L. c. 81A; c. 30A, §§ 1, 2, 3, 4
				and 8.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 2.00 - General Provisions › Section 2.01 - Scope, Purpose and Authority

Current through Register 1525, July 5, 2024
(1)
			 The Massachusetts Port Authority ("Authority") is a body politic and corporate
			 organized and operating pursuant to the provisions of St. 1956, c. 465, as
			 amended. As so constituted, the Authority is empowered to and has promulgated
			 Rules and Regulations governing the regulation of its affairs, the conduct of
			 its business, and the use of its facilities, including Logan International
			 Airport, Laurence G. Hanscom Field, Maurice J. Tobin Memorial Bridge, and the
			 Port properties of the Authority; and to fix penalties for the violation
			 thereof. Promulgation by the Authority of
			 740 CMR
			 2.00 has been, and will continue to be, consistent
			 with and pursuant to the provisions of the state's Administrative Procedure
			 Act, M.G.L. c. 30A, except insofar as
			 740 CMR
			 2.00 is in conflict with the provisions of the
			 Authority's Enabling Act, St. 1956, c. 465, and particularly §§ 2, 3
			 and 23. Accordingly,
			 740 CMR
			 2.00 has been submitted to the Secretary of the
			 Commonwealth for publication in the Code of Massachusetts
			 Regulations.
(2) The Authority
			 reserves the right from time to time to amend, supplement, revise, alter,
			 rescind, or add to
			 740 CMR
			 2.00 either in part or in its entirety.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 2.00 - General Provisions › Section 2.02 - Non-discrimination

Current through Register 1525, July 5, 2024
To the extent permitted by law, the Authority shall maintain
				and enforce a policy of non-discrimination and affirmative action in employment
				at all facilities. Accordingly, no person doing business with the Authority as
				a lessee, tenant, licensee or permittee at any facility governed by 740 CMR
				2.02, shall discriminate in the provision of goods, services or employment on
				the basis of race, color, creed, national origin, age, or sex, or be in
				violation of any provisions of local, state or federal law regarding
				non-discrimination and equal employment opportunities.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 2.00 - General Provisions › Section 2.03 - Petitions

Current through Register 1525, July 5, 2024
(1) In accordance
			 with M.G.L. c. 30A, § 4, any interested person may petition the Authority
			 requesting the adoption, amendment or repeal of any regulation, and may
			 accompany such petition with such data, views and arguments as that person
			 considers pertinent.
(2) The
			 procedure for the submission, consideration and disposition of such petitions
			 is as follows:
(a) All petitions here under
			 shall be in writing, signed by the individual petitioner, or by an individual
			 acting on behalf of any petitioning group or organization, and shall include
			 the complete address and telephone number of said individual.
(b) The Executive Director, within 30 days of
			 receipt by the Authority of any valid petition, shall notify the petitioners,
			 and may notify other interested persons or parties, of the schedule and
			 procedure for consideration and disposition of such petitions.
(c) Within 30 and 120 days of so notifying
			 the petitioners, the Executive Director shall have carried out those procedures
			 and shall have placed on the agenda for Authority action his recommendation on
			 the disposition of the petition and the Authority shall take appropriate
			 action.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 2.00 - General Provisions › Section 2.04 - Hearings

Current through Register 1525, July 5, 2024
(1)
Introduction
.
			 Notwithstanding the provisions of M.G.L. c. 90C, 740 CMR 2.04 sets forth the
			 procedures for hearings for violations of 740 CMR 1.00
et seq
.
			 A person issued a notice of a violation of a provision of 740 CMR
			 1.00
et seq
. may make a written request for an appeal hearing
			 before a hearing officer as provided in 740 CMR 2.04.
(2)
Definitions
.
			 Refer to all definitions included in M.G.L. c. 30A and in 740 CMR
			 1.00
et seq
. In addition, the following words when used in 740
			 CMR 2.04 shall have the following meaning.
Hearing
shall mean an adjudicatory
				proceeding held under 740 CMR 2.04.
Hearing Officer
shall mean the
				individual(s) authorized by law or designated by the Authority to conduct a
				hearing. A violation clerk as defined in 740 CMR 1.00
et seq
.
				may be designated a hearing officer.
Notice of Violation
shall mean the
				notice of the violation of a provision of 740 CMR 1.00.
Party
shall mean any person who is the
				subject of a notice of a violation of one or more provisions of 740 CMR
				1.00
et seq
.
(3)
Representation
.
(a)
Appearance
. An
			 individual may appear on his or her own behalf, or may be accompanied,
			 represented and advised by an authorized representative.
(b)
Authorized
			 Representative
. An Authorized Representative shall appear by
			 filing a written notice with the Authority or hearing officer signed by the
			 party represented, except the party's signature is not required when an
			 attorney at law is the authorized representative. The notice shall contain the
			 name, address, telephone number, facsimile number and e-mail address, if
			 available, of the authorized representative and of the party represented and
			 may limit the purpose of the appearance. The filing by an attorney of any
			 pleading, motion or other paper shall constitute an appearance by the attorney
			 who signs it unless the paper states otherwise. An authorized representative
			 may exercise on a party's behalf any rights and powers vested in that party by
			 740 CMR 2.04.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 2.00 - General Provisions › Section 2.06 - Suspension of Regulations

Current through Register 1525, July 5, 2024
The Executive Director may, with prior notice to the Members of
				the Authority, suspend application or enforcement of any one or more of Mass
				port regulations for a period not to exceed six months. Any such suspension
				beyond that period shall only be by a vote of the Members of the Authority, and
				in accordance with applicable law.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 2.00 - General Provisions › Section 2.07 - References to Government Agencies and Regulatory Citations

Current through Register 1525, July 5, 2024
(1) All references to a federal or state
			 agency, department, administration, service, office, secretariat or other
			 governmental entity ( individually or collectively, Agency or Agencies),
			 contained in 740 CMR shall mean the Agency and/or the functional successor to
			 that Agency (
e.g
., the Transportation Security Administration
			 is the functional successor to the Federal Aviation Administration for purposes
			 of aviation security).
(2) All
			 references to a rule, regulation, order, directive, advisory, ruling, opinion,
			 guidance document, or the like, issued by any Agency (Regulation), contained in
			 740 CMR shall mean that Regulation and/or the successor to or replacement for
			 that Regulation (
e.g
., 49 CFR Part 1542 is the successor
			 Regulation to 14 CFR Part 107 ).
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 2.00 - General Provisions › Section 2.09 - Severability

Current through Register 1525, July 5, 2024
If any section, sub-section, sentence, clause or phrase of
				740 CMR
				2.00 is for any reason held to be invalid or
				unconstitutional by any court of competent jurisdiction, such decision shall
				not affect or impair any of the remaining provisions.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 3.00 - Port Properties › Section 3.01 - Definitions

Current through Register 1525, July 5, 2024
Whenever used in
				740 CMR
				3.00, the following terms shall have the meanings
				respectively hereinafter indicated:
Authority
- shall mean the
				Massachusetts Port Authority created by St. 1956, c. 465 and amendments
				thereto.
Guards
- shall mean such Guards as the
				Authority might from time to time authorize to patrol the Port Properties or
				any portion thereof.
Motor Vehicle
- shall mean all
				vehicles designed for propulsion by power other than muscular power, including
				such vehicles when pulled or towed by another motor vehicle; except vehicles
				running only upon rails or tracks and vehicles designed especially for use
				elsewhere than on the travelled parts of ways.
Permission
- shall mean permission
				granted by the Executive Director, unless otherwise specifically
				provided.
Person
- shall mean and include any
				individual, firm, co-partnership, corporation, association or company
				(including any assignee, receiver, trustee, or similar representative thereof)
				or the United States of America or any foreign government or any state,
				political division, thereof or the United Nations.
Police
- shall mean the members of the
				Massachusetts State Police and such other police as a re appointed or employed
				by the Authority pursuant to St. 1956, c. 465, §§ 3(g) and 23.
Port Properties
- shall mean all Port
				Property as defined in St. 1956, c. 465. This term shall also mean the Marine
				Terminals and other property owned, operated, used, controlled or leased by the
				Authority for maritime purposes. The term includes but in no way limits the
				generality of the foregoing, Hoosac Pier, Commonwealth Pier Five, East Boston
				Terminals, Mystic Terminal, the Boston Army Base and Castle Island
				Terminal.
Premises
- shall mean the Port
				Properties or any portion thereof including but in no way limited to any and
				all lockers, foot lockers, packages, receptacles and containers.
Search
- shall mean such examination
				and investigation as the Police might, in their discretion, deem advisable or
				necessary including but in no way limited to any and all packages, boxes, bags,
				or containers.
Vehicle
- shall mean and include
				automobiles, trucks, buses, motorcycles, horse-drawn vehicles, bicycles,
				pushcarts and any other device in or upon or by which any person or property is
				or may be transported, carried, or drawn upon land except railroad rolling
				equipment or other devices running only on stationary rails or
				tracks.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 3.00 - Port Properties › Section 3.02 - General Provisions

Current through Register 1525, July 5, 2024
(1)
Compliance with
			 740 CMR
			 3.00
. Any permission granted by the
			 Authority directly or indirectly, expressly or by implication, to any person or
			 persons to enter upon or use the Port Properties or any part thereof (including
			 persons doing business with the Authority, its lessees, sublessees, permittees,
			 licensees and all other persons whomever, whether or not of the type indicated)
			 is conditioned upon compliance with
			 740 CMR
			 3.00 and entry upon or into the Port Properties or any
			 part thereof by any person shall be deemed to constitute an agreement by such
			 person to comply with said
			 740 CMR
			 3.00.
The Executive Director, the Secretary-Treasurer, and the Port
				Director are authorized to act for the Authority in connection with the
				enforcement of all rules and regulations contained herein.
(2)
Restricted Areas
. All areas of the Port Properties except those areas open to the public are
			 restricted and no person shall enter Customs, Immigration or Public Health
			 areas, other areas under the jurisdiction of the United States Government, any
			 private offices, buildings or any restricted area on the Port Properties posted
			 as being closed to the public except:
(a)
			 Persons assigned to duty or having official business therein.
(b) Authorized representatives of the
			 Authority.
(c) Authorized
			 representatives of the United States Government.
(d) Persons having prior permission of the
			 Authority.
(e) Passengers under
			 appropriate supervision, entering thereon for purposes of embarkation or
			 debarkation.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 3.00 - Port Properties › Section 3.99 - Penalties for Violations

Current through Register 1525, July 5, 2024
(1) For
			 violations of
			 740 CMR 3.02:
(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 $50.00 and not more
			 than $150.00.
(c) Third or any
			 subsequent offense within 12 months of the first offense - fine not less than
			 $150.00 and not more than $250.00.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 11.00 - Maurice J. Tobin Memorial Bridge › Section 11.01 - Introduction

Current through Register 1525, July 5, 2024
(1)
Genera
l: 740 CMR 11.01 through
			 11.99
			 contain the terms and conditions under which persons and operators of motor
			 vehicles shall be permitted upon the Maurice J. Tobin Memorial
			 Bridge.
(2)
Applicability
: 740 CMR 11.01
through
			 11.99
shall apply to all Operators of Motor Vehicles and Persons
			 who use the Maurice J. Tobin Memorial Bridge.
(3)
Effective Date
:
			 The effective date of
			 740 CMR 11.00
et
			 seq.
shall be February 16, 2001.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 11.00 - Maurice J. Tobin Memorial Bridge › Section 11.03 - Tolls

Current through Register 1525, July 5, 2024
(1)
Toll and Vehicle
			 Classification
. Except for operators of non-revenue vehicles, each
			 operator shall pay a toll for passage over the Tobin Memorial Bridge as
			 follows:
Motor Vehicle
							 Description
Toll
Private Passenger:
Resident Commuter Permit - 2 Axles*
$0.30
Resident Commuter Permit - with Trailer (3
							 Axles)*
0.50
Resident Commuter Permit - with 2 Axle Trailer (4
							 Axles)*
0.50
Class 1 - Passenger - 2 Axles**
3.00
Class 1 - Passenger - with Trailer (3
							 Axles)**
3.50
Class 1 - Passenger - with 2 Axle Trailer (4
							 Axles)**
4.00
Commercial:
Class 2 - Commercial - 2 Axles
4.50
Class 3 - Commercial - 3 Axles
4.50
Class 4 - Commercial - 4 Axles
6.00
Class 5 - Commercial - 5 Axles
7.50
Class 6 - Commercial - 6 Axles
9.00
Each additional Axle: $1.00
*Residential Commuter Permit Tolls payable by electronic toll
				collection only.
**Class 1 Tolls payable by electronic toll collection shall be
				discounted by $.50.
Motor Vehicle Description determined by type of registration
				(Massachusetts vehicles) or by image and/or type of vehicle (non-Massachusetts
				vehicles).
(2)
Toll Lane
. Each operator of a motor vehicle shall
			 bring the motor vehicle to a complete stop at the toll lane unless the operator
			 is an authorized user of the ETC system in accordance with
			 740 CMR
			 11.04 and is in compliance with all other
			 requirements of
			 740 CMR 11.00
et
			 seq
. Each operator of a motor vehicle who is an authorized ETC account
			 holder shall slow the motor vehicle to the posted speed through the toll
			 lane.
(3)
Payment of
			 Tol
l. Upon entering the toll lane, each operator shall pay the
			 toll as established by the Authority to a toll officer or through the
			 authorized use of the ETC system.
(4)
Toll
			 Classification
. Each motor vehicle displaying a private passenger
			 registration number plate or a motorcycle displaying a motorcycle registration
			 number plate shall pay the toll established by the Authority for a Private
			 Passenger Motor Vehicle. Each motor vehicle which does not display a private
			 passenger registration number plate or a motorcycle registration number plate
			 shall pay the toll established by the Authority for a Commercial Motor
			 Vehicle.
(5)
Resident
			 Commuter Program
. A resident of Chelsea or Charlestown may qualify
			 for a Resident Commuter Permit under such conditions as may from time to time
			 be established by the Authority.
(6)
Toll Evasion
. No
			 person may commit, or attempt to commit, any act with the intent to evade the
			 payment of a toll or to defraud the Authority with respect to the payment of a
			 toll. Refusal to pay a toll is considered to be an act done with intent to
			 evade the toll.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 11.00 - Maurice J. Tobin Memorial Bridge › Section 11.04 - Electronic Toll Collection

Current through Register 1525, July 5, 2024
(1)
ETC System
. The Authority from time to time
			 establishes the terms and conditions governing the use of the ETC system and
			 requires that account holders accept these terms and conditions.
(2)
Use of the ETC
			 System
. No person may use or attempt to use the Authority's ETC
			 system or possess an electronic device that is issued for use with the ETC
			 system unless:
(a) the person is duly
			 registered with the Authority or its designated ETC contractor as an account
			 holder;
(b) the person is operating
			 an authorized ETC-equipped motor vehicle with the permission of the account
			 holder of the ETC-equipped motor vehicle; or
(c) the person is using an electronic device
			 of an electronic toll collection system of another jurisdiction that the
			 Authority accepts for use in its ETC system.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 11.00 - Maurice J. Tobin Memorial Bridge › Section 11.06 - Violation Enforcement

Current through Register 1525, July 5, 2024
(1)
Enforcement
. Notwithstanding the provisions of M.G.L.
			 c. 90C, a violation clerk may enforce the provision of
			 740 CMR 11.00
et
			 seq
.
(2)
Function of Violation Clerks
. The violation clerks
			 supervise and coordinate the processing of violation notices in accordance with
			 740 CMR 11.06. The violation clerks may, subject to the fiscal and managerial
			 approval and oversight of the Authority, hire or designate such personnel and
			 organize such divisions as the violation clerks may deem necessary, or contract
			 for such services, in order to carry out the provisions of 740 CMR
			 11.06.
(3)
Violation
			 Notice
. The violation notice includes, without limitation, the
			 following information: the name of the registered owner of motor vehicle; the
			 registration number of the vehicle; the state of issuance of such registration,
			 date, time and place of the violation; the specific violation charged by
			 reference to the appropriate section of
			 740 CMR 11.00; the applicable
			 fine s or penalties that the Authority has established; the name of the
			 violation clerk and such other information as the Authority may deem necessary
			 or appropriate. The violation notice states that the registered owner must pay
			 the fine stated in the violation notice or appeal the violation within 21
			 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.
(4)
Issuance of
			 Violation Notice.
(a)
Delivery of Violation Notice
. A violation clerk issues
			 and certifies the violation notice and sends the violation notice as soon as
			 practicable by first class mail to the registered owner of the motor vehicle 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.
(b)
Prima
			 Facie
Evidence of Notice
.
			 Delivery by first class mail of a copy of the violation notice as specified in
			 740 CMR 11.06(4)(a) is sufficient notice of the violation. Certification of the
			 violation notice by a violation 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 violation.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 21.00 - Boston-logan International Airport, Laurence G. Hanscom Field, And Worcester Regional Airport - General Provisions › Section 21.02 - Compliance

Current through Register 1525, July 5, 2024
Any permission granted by the Executive Director, directly or
				indirectly, expressly or by implication, to any person or persons to enter upon
				or use the Airport or any part thereof (including aircraft operators, crew
				members, passengers, spectators, sightseers, pleasure and commercial vehicles,
				officers and employees of airlines, lessees and other persons occupying space
				at such Airport, persons doing business with the Authority or Executive
				Director, its lessees, sublessees and permittees and all other persons
				whatsoever, whether or not of the type indicated) is conditioned upon
				compliance with
				740 CMR 21.00 and entry upon
				or into the Airport by any person shall be deemed to constitute an agreement by
				such person to comply with
				740 CMR 21.00; provided,
				however, that unless provision is made in a lease or permit for application of
				740 CMR 21.00 to the leased
				premises,
				740 CMR 21.00 shall not apply
				to such leased premises.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 21.00 - Boston-logan International Airport, Laurence G. Hanscom Field, And Worcester Regional Airport - General Provisions › Section 21.03 - Restricted Areas

Current through Register 1525, July 5, 2024
All areas of the Airport except those areas open to the public
				are restricted; no person shall enter the Aerodrome, Customs, Immigration or
				Public Health areas, other areas under the jurisdiction of the United States
				Government, any private offices, hangars, maintenance areas, landing areas,
				ramp and apron areas or other restricted areas on the Airport posted as being
				closed to the public except:
(1)
			 Persons assigned to duty or having official business therein.
(2) Authorized representatives of the
			 Authority or Executive Director.
(3) Authorized representatives of the United
			 States Government.
(4) Persons
			 having prior permission of the Executive Director.
(5) Passengers, under appropriate
			 supervision, entering upon the ramp and apron areas for purposes of embarkation
			 or debarkation.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 21.00 - Boston-logan International Airport, Laurence G. Hanscom Field, And Worcester Regional Airport - General Provisions › Section 21.04 - Commercial Activity, Soliciting, Advertising, Rights of Free Speech

Current through Register 1525, July 5, 2024
(1) No person,
			 unless duly authorized by the Executive Director, shall in or upon any area of
			 the Airport, including but not limited to any lobby, sidewalk, stairway,
			 roadway, Airport highway, or any other appurtenance of the Airport:
(a) Sell, or offer for sale any article of
			 merchandise.
(b) Carry on any
			 commercial activity or conduct operations of a commercial nature.
(c) Solicit any business or trade.
(d) Solicit alms or funds for any
			 purpose.
(e) Post, distribute or
			 display signs, advertisements, circulars, printed or written matter.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 21.00 - Boston-logan International Airport, Laurence G. Hanscom Field, And Worcester Regional Airport - General Provisions › Section 21.06 - Conduct

Current through Register 1525, July 5, 2024
(1) No person
			 shall, at or upon the Airport, do or omit to do any act if the doing or
			 omission thereof endangers or is likely to endanger person or
			 property.
(2) No person shall
			 loiter in or about any public or non-public area at the Airport.
(3) No person shall commit any disorderly,
			 obscene, indecent or unlawful act, commit any nuisance or abandon any personal
			 property in or about any public or non-public area at the Airport.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 21.00 - Boston-logan International Airport, Laurence G. Hanscom Field, And Worcester Regional Airport - General Provisions › Section 21.08 - Report of Accidents

Current through Register 1525, July 5, 2024
All persons involved in any accident occurring on the Airport,
				other than one involving an aircraft, shall make a full report thereof to the
				Airport Police as soon after the accident as possible and before leaving the
				Airport.
Code of Massachusetts Regulations › 740 CMR - MASSACHUSETTS PORT AUTHORITY › Title 740 CMR 21.00 - Boston-logan International Airport, Laurence G. Hanscom Field, And Worcester Regional Airport - General Provisions › Section 21.09 - Preservation of Property

Current through Register 1525, July 5, 2024
No person shall destroy, injure, deface or disturb, tamper with
				or attempt to destroy, injure, deface or disturb any building, sign, equipment,
				fixture, marker or other structure or property on the Airport. No alteration
				shall be made to any tenant leased or sub-leased area or any public or
				non-public area in the Airport unless approved in writing by the Executive
				Director.