740 CMR, § 11.99

Current through Register 1531, September 27, 2024
Section 11.99 - Penalties for Violations
(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 FacieResponsibility 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 11.00et seq. upon determination that the operator or person has violated one or more of the provisions of 740 CMR 11.00et 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.

740 CMR, § 11.99