700 CMR 7.05(6)
Table 2.
(d) Failure to Respond after Issuance of a Notice of Non Payment. A registered owner or
other responsible party, where applicable, who fails to pay the tolls, fines, fees or other
penalties as specified in the NONP, shall be assessed an RMV/DMV fee of $20.00 and the
registered owner shall be issued a Notice of Liability. The Clerk notifies the registered owner
by mail of this Notice of Liability and, in addition, notifies the Registrar of Motor Vehicles
of MA or other states, where applicable, who shall place the matter on record and, the
Registrar shall not renew the registered owner's license to operate a vehicle or the registration
of the vehicle until after notice from the Clerk that all such matters have been disposed of in
accordance with applicable law or regulation. If the registered owner is a resident of another
state or jurisdiction, the Registrar shall revoke the registered owner's right to operate a motor
vehicle in the Commonwealth until the matter has been disposed of in accordance with
applicable law or regulation. The source of the Registered Owner information may be from
the Registrar or similar official or department of another jurisdiction in accordance with the
law of that jurisdiction or a third party service contracted by MassDOT for providing
Registered Owner information, or from vehicle images that display information identifying
the vehicle owner.
(e) Pay By Plate Notice of Liability (NOL) Late Fees. Failure to pay the Balance Due on
the Pay By Plate NONP may result in the issuance of a NOL. Each toll trip included on the
NOL may be charged a late fee in accordance with 700 CMR 7.05(6): Table 2.
TABLE 2
Invoice/Notice Issued
Days to Pay Invoice/Notice
Days Outstanding
Late Fees Assessed
1 Invoice Issued
30
1-30
$0
st
Past Due Invoice
30
31-60
$1.00 for each
overdue toll charge
Notice of Non-payment
30
61-90
An additional $1.00
for each overdue toll
charge
Notice of Liability
Due Immediately
>90
An additional $1.00
for each overdue toll
charge; Plus a
$20.00 RMV/DMV
Fee
*
MassDOT may charge a higher toll rate or other fee to Pay By Plate customers in accordance with
700 CMR 7.04(4)(e).
(f) Civil or Criminal Action. MassDOT may pursue such civil or criminal action as it
deems appropriate to collect outstanding tolls, fees, and fines assessed as well as such
additional fines or penalties as MassDOT may assess in accordance with 700 CMR 7.00.
(7) Confidentiality of Records. MassDOT shall maintain the confidentiality of all information
including, but not limited to, photographs or other recorded images and credit and account data
relative to Account Holders who utilize its EZDrive MA toll collection system. MassDOT shall
maintain procedures consistent with M.G.L. c. 66A. For purposes of 700 CMR 11.06(7), all
EZDrive MA customers, including customers of another agency or entity that may have toll
collection reciprocity with MassDOT, are considered Account Holders.
(8) Hot List Data. Notwithstanding any other law or regulation, data and information such as
name, location, time and date of travel, regarding Hot List license plates and/or transponders,
while such license plates and/or transponders are on the Hot List (Hot List Data), shall be made
available to a representative of the Massachusetts State Police, designated by the Secretary of the
Executive Office of Public Safety and Security (EOPSS). License plates and/or transponder
numbers shall only be included on the Hot List in limited emergency situations involving
imminent and immediate threat to the safety, health, and well-being of an individual or the public
based on specific, reasonable intelligence sufficient to necessitate the need to provide this Hot
List Data to law enforcement. Such emergency situations shall include, but are not limited to,
terrorist threats, Amber Alerts, Silver Alerts, kidnappings, missing persons, and felons actively
traveling to or from a crime scene. The Secretary of EOPSS, or his or her designee, shall verify
in writing which emergency situations warrant adding any license plate and/or transponder
number to the Hot List. License plates and/or transponder numbers shall only remain on the Hot
List for 14 days, unless the Secretary of EOPSS or his or her designee certifies and justifies the
need to maintain the numbers on the Hot List for a longer period, but in no event shall such
numbers remain on the list longer than 30 days.
(9) System Maintenance and Enforcement. Any electronic or other automated system of toll
collection used by MassDOT is regularly tested and maintained to promote accurate and efficient
determinations as to payment or nonpayment of tolls. Any invoice or notice based in whole or
in part upon inspection of any photograph or other recorded image of a motor vehicle and the
written certification by a Clerk shall be prima facie evidence of the facts contained therein and
shall be admissible in any administrative or judicial proceeding to adjudicate the liability for such
invoice or notice.
(10) Fines. Whoever violates any provision of 700 CMR 7.00 is subject to a fine not exceeding
the amount indicated in 700 CMR 7.00 and 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.