EZDrive MA Toll Enforcement

(1) Enforcement. Operators who use the EZDrive MA system acknowledge and authorize MassDOT or its contractor to acquire the name and address of the Registered Owner of record of the vehicle for purposes of EZDrive MA toll collection and enforcement. A Clerk may enforce the provisions of 700 CMR 7.05. (2) Designation of Clerks. MassDOT may designate one or more Clerks to perform the functions specified in 700 CMR 7.05(3) for MassDOT and for such finite or indefinite period as MassDOT deems desirable. (3) Functions of the Clerks. The Clerks coordinate and administer the processing of EZDrive MA statements, invoices and notices, and any and all other duties and tasks associated with toll collection, toll enforcement, and the EZDrive MA system. MassDOT may hire or designate such personnel and organize such divisions as MassDOT may deem necessary, or contract for such services, in order to carry out the provisions of 700 CMR 7.05(3). (4) Issuance and Content of Pay By Plate Invoices and Notices. (a) Information regarding the Balance Due. A Pay By Plate Invoice and notice include, but is not limited to, the following information: the registration number and state of issuance of the registration number of the vehicle involved; the name of the registered owner of the vehicle, or other responsible party where applicable; the lessee or renter as identified by 700 CMR 7.04(8)(b); the date, time and place of the transaction; the total amount owed; the applicable fines or penalties incurred that MassDOT has assessed; and such other information as MassDOT may deem appropriate. (b) Notice of Requirement to Respond. A Pay By Plate invoice and notice states that the Registered Owner of record or responsible party where applicable, must pay the Balance Due by the Payment Due Date, appeal, or request a hearing for these items. The invoice and notice describes the means and content of the response for payment or appeal. (c) Delivery of Invoice and Notice. A Clerk issues and may certify invoices and notices as soon as practicable by mail to the Registered Owner of the vehicle or responsible party, where applicable at the address of the registrant on record with the Massachusetts Registry of Motor Vehicles, or, in the case of a motor vehicle registered under the laws of another state or jurisdiction, 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, or as supplied by a third party provider under contract with the Department, or to the name and address of the lessee or renter in accordance with 700 CMR 7.04(8)(b). Notices of Liability shall be sent to the Registered Owner of the vehicle. (d) Prima Facie Evidence of Notice. Delivery by mail of a copy of an Invoice or Notice is sufficient notice of the failure to pay the required toll and/or Balance Due. Certification of the invoice or notice by a 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 unpaid toll transactions, and related fees, fines and penalties. The Clerk shall maintain a docket of all copies of notices. (5) Payment of Balance Due or Appeal. The Registered Owner of record or responsible party, where applicable, shall pay all tolls, fines, fees, and penalties that may be assessed by MassDOT by the Payment Due Date on the invoice or notice, or appeal in accordance with the procedures in 700 CMR 7.05. (a) Payment. The registered owner or responsible party, where applicable, shall pay the tolls, fines, fees and penalties that may be assessed by MassDOT by the Payment Due Date as specified in the invoice and notice. Failure to do so may result in additional fees, fines and penalties. (b) Appeal by Mail. The registered owner or responsible party, where applicable, may, without waiving the right to a hearing before a Clerk as provided by 700 CMR 7.05(5)(c), and also without waiving judicial review as provided by M.G.L. c. 30A, § 14, appeal the assessment of a toll, fine, fee or other penalty and receive a review and disposition from a Clerk by mail. The appeal by mail must contain a signed statement from the registered owner or responsible party, where applicable, explaining the basis for the appeal. The signed statement may be accompanied by signed statements from witnesses, police officers, government officials, or other relevant parties or photographs, diagrams, maps or other relevant documents that the registered owner determines to submit. Statements or materials sent to a Clerk for review must have attached to them the name and address of the registered owner as well as the invoice number of the notice and the date of the invoice. All information submitted by the registered owner becomes part of the record. Written appeals submitted by mail must be received by MassDOT within 120 days of the date the charge first appears on the invoice or notice., The Clerk or other MassDOT designee shall, within 60 days of receipt of such material, review the material and dismiss or uphold the issuance of the notice and notify the registered owner or appellant of the disposition of the appeal in writing. If the appeal by mail is denied, the Clerk shall explain the reasons for the determination. The review and disposition handled by mail is informal, the rules of evidence do not apply, and the decision of the Clerk is final subject to the hearing provisions provided by 700 CMR 7.05(5)(c) and to judicial review as provided by M.G.L. c. 30A, § 14. (c) Request for Hearing. Consistent with the provisions of M.G.L. c. 30A, a person issued a notice regarding the assessment of a toll, fine, fee or other penalty may make a written request for an appeal hearing before a Clerk designated by MassDOT. Requests for a hearing must be received by MassDOT within 30 days of the issuance of the decision of the appeal by mail pursuant to 700 CMR 7.05(5)(b), in order to be entitled to a hearing. The Clerk then notifies the Registered Owner or appellant in writing by mail of the date, time, and place of the hearing. The hearing is informal, the rules of evidence do not apply, and the decision of the Clerk is final, subject to judicial review as provided by M.G.L. c. 30A, § 14. Parties are notified in person or by mail of the decision following the hearing. Each written appeal decision contains a statement of reasons for the decision including a determination of each issue of fact necessary to the decision. Failure to appear at the date, time, and place specified on the hearing notice automatically results in the denial of the appeal. (d) The provisions of 700 CMR 7.05 do not apply to Uniform Traffic Citations issued by Massachusetts State Police officers pursuant to M.G.L. c. 90C. A violation of MassDOT's regulations that results in the issuance of a Uniform Traffic Citation by a Massachusetts State Police officer under M.G.L. c. 90C, is subject to the procedures that M.G.L. c. 90C provides. (6) Failure to Comply. Failure to comply with the requirements of 700 CMR 7.05(5) shall result in the following sanctions against the registered owner. (a) Additional Fines or Penalties. MassDOT assesses the following additional fines, fees or penalties for late payment, failure to pay, or for otherwise failing to respond to a notice as provided by 700 CMR 7.05(5), in accordance 700 CMR 7.05(6): Table 2. Fines, fees and penalties for unpaid tolls associated with use of EZDriveMA system shall not exceed $500.00 per year, per registered vehicle. (b) Pay By Plate Past Due Invoice Late Fees. Failure to pay the Balance Due on the Pay By Plate Invoice may result in the issuance of a Pay By Plate Past Due Invoice. Each toll trip included on the Pay By Plate Past Due Invoice may be charged a late fee in accordance with 700 CMR 7.05(6): Table 2. (c) Pay By Plate Notice of Non Payment (NONP) Late Fees. Failure to pay the Balance Due on the Pay By Plate Past Due Invoice may result in the issuance of a NONP. Each toll trip included on the NONP may be charged a late fee in accordance with 700 CMR