220 CMR, § 274.14

Current through Register 1536, December 6, 2024
Section 274.14 - Enforcement
(1) If a Driver is cited for a violation for 220 CMR 274.08(1), each TNC for which the Driver provides Services shall be subject to a $500 monetary penalty by the Division. Each TNC subject to the fine shall have 30 business days to rebut the presumption that the Driver provided Services at the time of violation.
(2) If a TNC is found in violation of M.G.L. c. 1591/26 or 220 CMR 274.00, the Division shall take appropriate enforcement action that it deems necessary, including but not limited to:
(a) Refrain from issuing Clearance Certificates;
(b) Suspend, revoke, or deny a Permit; and
(c) Issue monetary penalties.
(3) In determining the enforcement action, the Division shall consider, without limitation:
(a) The size of the TNC based on the TNC's intrastate operating revenues for the previous calendar year pursuant to 220 CMR 274.12(3)(b);
(b) The gravity of violation, which shall include but not be limited to the degree of the TNC's compliance with payment of tolls at the commercial rate pursuant to M.G.L. c. 159A1/2, § 3(c)(v);
(c) The degree to which the TNC exercised good faith in attempting to achieve compliance or to remedy non-compliance;
(d) Degree of compliance with existing state and local rules and regulations; and
(e) Any previous violations by the TNC cited by the Division.

220 CMR, § 274.14

Adopted by Mass Register Issue 1348, eff. 9/22/2017.
Amended by Mass Register Issue 1350, eff. 9/22/2017.