700 C.M.R. 7.13 – Penalties

(1) Exemptions. 700 CMR 7.13 does not apply to, and the Department does not impose a penalty with respect to, an operator of a vehicle acting in conformity with the direction of a Massachusetts State Police officer, to the operator of a vehicle actually engaged in work on a way when the requirements of the work necessitate a departure from any of the requirements of 700 CMR 7.00 and the departure does not endanger the safety of individuals or property, or to a Massachusetts State Police officer when engaged in the performance of duties that necessitates a departure from any of the requirements of 700 CMR 7.00, or to the operator of an official emergency vehicle when an emergency necessitates departure from any of the requirements of 700 CMR 7.00. 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 vehicle is operated on a way in violation of any provision of 700 CMR 7.00 or any other regulation or law of the Commonwealth of Massachusetts, and the identity of the operator of the vehicle cannot be determined, the person in whose name the vehicle is registered is deemed prima facie responsible for the violation. With regard to a violation of 700 CMR 7.03(10), the person in whose name the vehicle is registered is deemed prima facie responsible for the violation, regardless of whether the operator of the vehicle may be identified.
(3) Fines.
1. (a) Fines by Reference to 700 CMR 7.00. Whoever violates any provision of 700 CMR 7.00 is subject to a fine not exceeding the amount indicated in 700 CMR 7.13(3): Table 12, in addition to other penalties as the laws of the Commonwealth of Massachusetts or federal law may provide. The section title 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.
  TABLE 12
  Fine W ay other Fine

Section Title Section General Subject M atter

than the Tunnels Tunnels

700 CMR 7.04(1)(a) Unauthorized use of EZDRIVEMA System Note 1 Note 1

Electronic Toll

700 CM R 7.04(1)(b) Restricted Access Note 1 Note 1

Collection

700 CM R 7.04(3) Evasion of Toll $250 $250

700 CM R 7.06(1) W rong way travel $50 -

Limitation on Use 700 CM R 7.06(2) W rong direction in Sumner, Callahan, or - $500 of W ays Ted W illiams Tunnel

700 CM R 7.06(3) Unauthorized entry or exit from a way $50 $50

- $50

Fine W ay other Fine

Section Title Section General Subject M atter

than the Tunnels Tunnels

700 CMR 7.06(4)(a) Improperly seated person $100 $100 700 CM R 7.06(4)(b) Flat or inadequate tire $35 $35 700 CMR 7.06(4)(c) Obstructed window $100 $100 700 CM R 7.06(4)(d) Muscle-powered vehicle $100 $100 700 CMR 7.06(4)(e) Construction equipment $100 $100 700 CMR 7.06(4)(f) Falling debris $100 $100 700 CMR 7.06(4)(g) Inadequate brakes

st 1 Offense $35 $35 nd 2 Offense $75 $75 rd 3 and subsequent Offense within $150 $150

Prohibited Entry to

any 12 month period

or Use of a Way:

700 CMR 7.06(4)(h) Over-weight vehicle Note 2 Note 2

Vehicle

700 CMR 7.06(4)(i) Over-size vehicle $500 $500 700 CMR 7.06(4)(j) Propelled by a special fuel - $500 700 CMR 7.06(4)(k) Carrying an explosive $100 $100 700 CMR 7.06(4)(l) Carrying a special fuel $500 $500 700 CMR 7.06(4)(m) Carrying a hazardous material $500 $500 700 CMR 7.06(4)(n) Tandem unit, bulk liquid, radioactive - $500

materials, explosives, hazardous materials

700 CM R 7.06(4)(o) Offensive odor, excessive smoke, $50 $50

improperly towed

700 CM R 7.06(5) Pedestrians and animals $50 $50

Prohibited Entry to

700 CM R 7.06(6) Aircraft $500 -

or Use of a Way:

700 CM R 7.06(7) Hitchhiking or loitering $50 $50

Non-vehicle

700 CM R 7.06(8) Commercial activity $50 $50

700 CMR 7.07(2)(e) Misrepresentation $500 $500 700 CMR 7.07(2)(f) Invalid transfer $500 $500 700 CMR 7.07(2)(h) Inappropriate use of Irreducible Load permit $500 $500

Inadequately insured vehicle operating

700 CMR 7.07(2)(j) under a Special Permit $500 $500

Operation of tandem unit in Tunnels -

700 CMR 7.07(2)(m) weight - $500

Failure to carry original permit issued by the

700 CM R 7.07(3)(c)2. Department $100 $100

Failure to produce original Reducible

700 CM R 7.07(3)(c)3. Load (RL) Permit $100/each $100/each

Special Permits:

Failure to carry original permit issued permit permit

General

700 CM R 7.07(4)(c)2. by the Department $100

Failure to conform with requirements $100

700 CMR 7.07(4)(d) for pilot car, police escort, or $500

warning sign $500 Prohibition on operation of Tandem unit and

700 CMR 7.07(4)(e) saddlemount combination -

(length) - Tunnels $500 Failure to exhibit height indication

700 CMR 7.07(4)(f) Insufficient care with respect to $100 700 CMR 7.07(4)(g) operation of over-size vehicle $500 $100

$500

Fine W ay other Fine

Section Title Section General Subject M atter

than the Tunnels Tunnels

700 CM R 7.07(5)(f)2. Failure to carry original permit $100 -

Special Permit:

700 CM R 7.07(5)(f)4. Minimum separation $500 -

Vehicle Carrying

700 CM R 7.07(5)(f)5. No stopping $500 -

an Explosive

700 CM R 7.07(5)(f)6. Conformance with law $500 -

700 CM R 7.07(6)(e)2. Failure to carry original permit $100 -

Special Permit: 700 CM R 7.07(6)(e)2. Failure to display signs $100 - Vehicle Carrying a 700 CM R 7.07(6)(e)4. Minimum separation $500 - Special Fuel 700 CM R 7.07(6)(e)5. No stopping $500 -

700 CM R 7.07(6)(e)6. Conformance with law $500 -

Limitations on All provisions of $500 - Large Tandem 700 CM R 7.08 Units

700 CMR 7.09(1)(a) Failure to obey sign $50 $50 700 CMR 7.09(1)(a) Interfering with sign $50 $50

Traffic, Operation,

700 CMR 7.09(1)(a) Deploying unauthorized sign $50 $50

and Safety: General

700 CM R 7.09(1)(b) Failure to comply with orders $50 $50 700 CM R 7.09(2) Failure to obey traffic control signal $50 $50

700 CMR 7.09(4)(a) No parking area: posted $50 - 700 CM R 7.09(4)(b) No parking area: tow zone $50 - 700 CMR 7.09(4)(c) No stopping or standing $50 - 700 CM R 7.09(4)(d) Crosswalk $50 - 700 CMR 7.09(4)(e) Sidewalk $50 - 700 CMR 7.09(4)(f) Reserved area $50 - 700 CMR 7.09(4)(g) HP or DV plate parking only $150 - 700 CMR 7.09(4)(h) Handicapped ramp $100 - 700 CMR 7.09(4)(i) Median $50 - 700 CMR 7.09(4)(j) Bus or truck parking area $50 -

Traffic, Operation, 700 CMR 7.09(4)(k) Car parking area $50 - and Safety: Parking 700 CMR 7.09(4)(l) Tandem trailer parking area $50 - Prohibitions 700 CMR 7.09(4)(m) Hydrant $50 -

700 CMR 7.09(4)(n) Designated fire lane $100 - 700 CM R 7.09(4)(o) Breakdown lane $50 - 700 CM R 7.09(4)(p) Over posted time limit $50 - 700 CM R 7.09(4)(q) Inspection Sticker $50 - 700 CMR 7.09(4)(r) Idling in excess of five minutes $100 - 700 CMR 7.09(4)(s) Emergency vehicle access $50 - 700 CMR 7.09(4)(t) Double parking $50 - 700 CMR 7.09(4)(u) W eather emergency $50 - 700 CMR 7.09(4)(v) Outside of marked spaces $50 - 700 CMR 7.09(4)(w) Street cleaning $40

Fine W ay other Fine

Section Title Section General Subject M atter

than the Tunnels Tunnels

700 CMR 7.09(5)(a) Careless or negligent operation $50 $500 700 CM R 7.09(5)(b) Negligent loading $50 $100 700 CMR 7.09(6)(a) Reasonable and proper speed $50 $50 700 CM R 7.09(6)(b) Operating at dangerous speed $50 $500 700 CMR 7.09(6)(c) Maximum speed Note 3 Note 3 700 CMR 7.09(6)(c) Minimum speed $20 $20 700 CM R 7.09(7) Improper entry to a way $50 $100 700 CM R 7.09(8) Crossing solid pavement markings $50 $100 700 CM R 7.09(9) Unauthorized use of breakdown lane $100 $100 700 CMR 7.09(10)(a) Unauthorized or dangerous crossing $50 $100

of median or other area

700 CM R 7.09(10)(b) Unauthorized use of cross-over $50 $100 700 CMR 7.09(11)(a) Entry into restricted area - general $100 $100 700 CM R 7.09(11)(b) Entry into restricted area - left lane $100 $100

restrictions

700 CMR 7.09(12)(a) Construction zone - excess speed (Note 5) $100 $100 700 CM R 7.09(12)(b) Construction zone - entry into $100 $100

excluded area

700 CMR 7.09(12)(c) Construction zone - careless operation $100 $100 700 CMR 7.09(13)(a) Keeping to the right when overtaking - $100

another vehicle - Tunnels

700 CM R 7.09(13)(b) Keeping to the right when overtaking $100 -

another vehicle - Non-tunnels

Traffic, Operation, 700 CM R 7.09(14) Care in passing another vehicle $100 $100 and Safety: Vehicle 700 CM R 7.09(15) Space between vehicles $100 $100 Operation 700 CM R 7.09(16) Coasting $100 $100

700 CMR 7.09(17)(a) Stopping, standing, or parking $50 $100 700 CM R 7.09(17)(b) Backing and U-turns prohibited $50 $100 700 CMR 7.09(17)(c) Failure to use care in stopping or $25 $25

turning - hand signals

700 CM R 7.09(18) Repair or removal of disabled vehicle $50 $50

prohibited

700 CM R 7.09(19) Failure to respond to over-height - $500

alarm

700 CM R 7.09(20) Improper use of cutouts $35 $35 700 CM R 7.09(21) Improper use of horn $35 $35 700 CMR 7.09(22)(a) Improper use of headlights - Tunnels - $50 700 CM R 7.09(22)(b) Improper use of headlights - Non-tunnels $35 -

Adequate fuel or energy supply

700 CM R 7.09(23) Disposal of waste - minor $50 $100 700 CMR 7.09(24)(a) Disposal of waste - major $50 $50 700 CM R 7.09(24)(b) Defacing property $100 $100 700 CM R 7.09(25) Failure to display inspection sticker $500 $500 700 CM R 7.09(26) Inadequate equipment $50 $50

700 CM R 7.09(27) 1 Offense

nd 2 Offense $35 $35 rd 3 and subsequent Offense within $75 $75 any 12 month period $150 $150 Idling

700 CM R 7.09(28) Note 4 Note 4

Fine W ay other Fine

Section Title Section General Subject M atter

than the Tunnels Tunnels

700 CM R 7.09(29) Transportation of alcoholic beverages $100 $100 700 CM R 7.09(30) Inspection and examination of cargo $100 $100

Transportation of

700 CM R 7.09(31) Interstate transportation $100 $100

Cargo

700 CM R 7.09(32) Operator’s record of duty status $50 $50 700 CM R 7.10 Motor Carrier Safety Act $50 $50

Hazardous 700 CM R 7.11(1) Hazardous Materials - Tunnels - $500 M aterials 700 CM R 7.11(2) Hazardous Materials - Non-tunnels $500 -

700 CMR 7.12(1)(a) Unauthorized repair to disabled - $25

vehicle - Tunnels

Repair and

700 CM R 7.12(1)(b) Removal of disabled vehicle - Tunnels - $25

Removal of

700 CMR 7.12(2)(a) Inappropriate repair of disabled $25 -

Vehicles

vehicle - Non-tunnels

700 CM R 7.12(2)(b) Removal of disabled vehicle - Non-tunnels $25 -

Note 1: The fine for a violation of 700 CM R 7.04(1)(a) or 700 CMR 7.04(1)(b) or 700 CM R 7.03(10) is specified in 700 CMR 7.13(3)(b). Note 2: The fine for exceeding the permissible weight is specified in 700 CMR 7.13(3)(c). Note 3: The fine for exceeding the maximum speed limit is specified in 700 CMR 7.13(3)(d). Note 4: The fine for idling is determined according to the provisions of M.G.L. c. 90, § 16A. Note 5: The fine for speeding in a construction zone may be doubled in accordance with M.G.L. c. 90, § 17 and 700 CMR 7.09(12). Note 6: The fine for a registered owner who fails to pay the fine specified in a violation notice or who fails to appeal a violation notice as provided by 700 CMR 7.14(1)(f) shall pay an additional penalty as indicated on the violation notice and/or in accordance with the amount in parenthesis in 700 CMR 7.07: Table 11.

(b) Fines for Failure to Pay Toll. The fine for a violation of 700 CMR 7.03(10) or 7.04(1)(a) or (b) is contained in 700 CMR 7.13: Table 12. Late payment fees may assessed in accordance 700 CMR 7.03(12) and 7.04(5).
(c) Fines for Over-weight Vehicles. Any operator who operates a vehicle, or any owner or bailee who requires or allows the operation of a vehicle, in violation of 700 CMR 7.06(5)(h) is subject to a fine of not less than $40.00 for each 1,000 pounds of weight or fraction thereof by which the vehicle weight of the vehicle as operated exceeds the maximum vehicle weight for a vehicle of its type as specified in 700 CMR 7.07(3): Table 3, or by a special permit that the Department issued for the vehicle for such operation, whichever is greater; provided, further, that, if the total of the excess weight is greater than 10,000 pounds, the rate of the fine is not less than $80.00 for each 1,000 pounds or fraction thereof over 10,000 pounds.
(d) Fines for Speeding. Any individual convicted of a violation of the maximum speed limit in violation of 700 CMR 7.09(6)(c) is subject to punishment by a fine of not less than $ 50.00. Where such conviction is for operating a motor vehicle at a rate of speed exceeding ten miles per hour over the speed limit, an additional fine of $10.00 for each mile per hour in excess of the ten miles per hour is assessed, to a maximum fine of $500.00.
(e) Fines for Other Violations. Whoever violates any provision of 700 CMR 7.00 not listed in 700 CMR 7.13(3): Table 12 is subject to a fine not exceeding $500.00 for every such offense.