(1) Fines, Lookback Period.

1. (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.

2. (b) Fines associated with the issuance of a Noncriminal Citation are as follows:

   1. 1. First offense in a three-year period Only a written Warning per 703 CMR 5.04(1)(a) No fine
   2. 2. Second offense - $50
   3. 3. Third offense - $50
   4. 4. Fourth offense - $50
   5. 5. Fifth or subsequent offense incurred within three years from the date of the first offense - $100

3. (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. 1. First offense in a three-year period Only a written Warning per 703 CMR 5.04(1)(a) No fine
   2. 2. Second offense - $75
   3. 3. Third offense - $75
   4. 4. Fourth offense - $75
   5. 5. Fifth or subsequent offense incurred within three years from the date of the first offense - $150
4. (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.