Penalties

(1) Exemptions. 700 CMR 7.13 does not apply to, and the Department does not impose a penalty with respect to, an operator of a vehicle acting in conformity with the direction of a Massachusetts State Police officer, to the operator of a vehicle actually engaged in work on a way when the requirements of the work necessitate a departure from any of the requirements of 700 CMR 7.00 and the departure does not endanger the safety of individuals or property, or to a Massachusetts State Police officer when engaged in the performance of duties that necessitates a departure from any of the requirements of 700 CMR 7.00, or to the operator of an official emergency vehicle when an emergency necessitates departure from any of the requirements of 700 CMR 7.00. These exemptions do not, however, relieve such an operator from other legal consequences of the operator's or individual's action. (2) Prima Facie Responsibility for Violations. If a vehicle is operated on a way in violation of any provision of 700 CMR 7.00 or any other regulation or law of the Commonwealth of Massachusetts, and the identity of the operator of the vehicle cannot be determined, the person in whose name the vehicle is registered is deemed prima facie responsible for the violation. With regard to a violation of 700 CMR 7.03(10), the person in whose name the vehicle is registered is deemed prima facie responsible for the violation, regardless of whether the operator of the vehicle may be identified. (3) Fines. (a) Fines by Reference to 700 CMR 7.00. Whoever violates any provision of 700 CMR 7.00 is subject to a fine not exceeding the amount indicated in 700 CMR 7.13(3): Table 12, in addition to other penalties as the laws of the Commonwealth of Massachusetts or federal law may provide. The section title 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. TABLE 12 Section Title Section General Subject Matter Fine Way other than the Tunnels Fine Tunnels Electronic Toll Collection 700 CMR 7.04(1)(a) 700 CMR 7.04(1)(b) Unauthorized use of EZDRIVEMA System Restricted Access Evasion of Toll Note 1 Note 1 $250 Note 1 Note 1 $250 Limitation on Use of Ways Wrong way travel Wrong direction in Sumner, Callahan, or Ted Williams Tunnel Unauthorized entry or exit from a way $50 - $50 - - $500 $50 $50 Section Title Section General Subject Matter Fine Way other than the Tunnels Fine Tunnels Prohibited Entry to or Use of a Way: Vehicle 700 CMR 7.06(4)(a) 700 CMR 7.06(4)(b) 700 CMR 7.06(4)(c) 700 CMR 7.06(4)(d) 700 CMR 7.06(4)(e) 700 CMR 7.06(4)(f) 700 CMR 7.06(4)(g) 700 CMR 7.06(4)(h) 700 CMR 7.06(4)(i) 700 CMR 7.06(4)(j) 700 CMR 7.06(4)(k) 700 CMR 7.06(4)(l) 700 CMR 7.06(4)(m) 700 CMR 7.06(4)(n) 700 CMR 7.06(4)(o) Improperly seated person Flat or inadequate tire Obstructed window Muscle-powered vehicle Construction equipment Falling debris Inadequate brakes 1 Offense st 2 Offense nd 3 and subsequent Offense within rd any 12 month period Over-weight vehicle Over-size vehicle Propelled by a special fuel Carrying an explosive Carrying a special fuel Carrying a hazardous material Tandem unit, bulk liquid, radioactive materials, explosives, hazardous materials Offensive odor, excessive smoke, improperly towed $100 $35 $100 $100 $100 $100 $35 $75 $150 Note 2 $500 - $100 $500 $500 - $50 $100 $35 $100 $100 $100 $100 $35 $75 $150 Note 2 $500 $500 $100 $500 $500 $500 $50 Prohibited Entry to or Use of a Way: Non-vehicle Pedestrians and animals Aircraft Hitchhiking or loitering Commercial activity $50 $500 $50 $50 $50 - $50 $50 Special Permits: General 700 CMR 7.07(2)(e) 700 CMR 7.07(2)(f) 700 CMR 7.07(2)(h) 700 CMR 7.07(2)(j) 700 CMR 7.07(2)(m) 700 CMR 7.07(3)(c)2. 700 CMR 7.07(3)(c)3. 700 CMR 7.07(4)(c)2. 700 CMR 7.07(4)(d) 700 CMR 7.07(4)(e) 700 CMR 7.07(4)(f) 700 CMR 7.07(4)(g) Misrepresentation Invalid transfer Inappropriate use of Irreducible Load permit Inadequately insured vehicle operating under a Special Permit Operation of tandem unit in Tunnels - weight Failure to carry original permit issued by the Department Failure to produce original Reducible Load (RL) Permit Failure to carry original permit issued by the Department Failure to conform with requirements for pilot car, police escort, or warning sign Prohibition on operation of Tandem unit and saddlemount combination (length) - Tunnels Failure to exhibit height indication Insufficient care with respect to operation of over-size vehicle $500 $500 $500 $500 - $100 $100/each permit $100 $500 - $100 $500 $500 $500 $500 $500 $500 $100 $100/each permit $100 $500 $500 $100 $500 Section Title Section General Subject Matter Fine Way other than the Tunnels Fine Tunnels Special Permit: Vehicle Carrying an Explosive 700 CMR 7.07(5)(f)2. 700 CMR 7.07(5)(f)4. 700 CMR 7.07(5)(f)5. 700 CMR 7.07(5)(f)6. Failure to carry original permit Minimum separation No stopping Conformance with law $100 $500 $500 $500 - - - - Special Permit: Vehicle Carrying a Special Fuel 700 CMR 7.07(6)(e)2. 700 CMR 7.07(6)(e)2. 700 CMR 7.07(6)(e)4. 700 CMR 7.07(6)(e)5. 700 CMR 7.07(6)(e)6. Failure to carry original permit Failure to display signs Minimum separation No stopping Conformance with law $100 $100 $500 $500 $500 - - - - - Limitations on Large Tandem Units All provisions of 700 CMR 7.08 $500 - Traffic, Operation, and Safety: General 700 CMR 7.09(1)(a) 700 CMR 7.09(1)(a) 700 CMR 7.09(1)(a) 700 CMR 7.09(1)(b) Failure to obey sign Interfering with sign Deploying unauthorized sign Failure to comply with orders Failure to obey traffic control signal $50 $50 $50 $50 $50 $50 $50 $50 $50 $50 Traffic, Operation, and Safety: Parking Prohibitions 700 CMR 7.09(4)(a) 700 CMR 7.09(4)(b) 700 CMR 7.09(4)(c) 700 CMR 7.09(4)(d) 700 CMR 7.09(4)(e) 700 CMR 7.09(4)(f) 700 CMR 7.09(4)(g) 700 CMR 7.09(4)(h) 700 CMR 7.09(4)(i) 700 CMR 7.09(4)(j) 700 CMR 7.09(4)(k) 700 CMR 7.09(4)(l) 700 CMR 7.09(4)(m) 700 CMR 7.09(4)(n) 700 CMR 7.09(4)(o) 700 CMR 7.09(4)(p) 700 CMR 7.09(4)(q) 700 CMR 7.09(4)(r) 700 CMR 7.09(4)(s) 700 CMR 7.09(4)(t) 700 CMR 7.09(4)(u) 700 CMR 7.09(4)(v) 700 CMR 7.09(4)(w) No parking area: posted No parking area: tow zone No stopping or standing Crosswalk Sidewalk Reserved area HP or DV plate parking only Handicapped ramp Median Bus or truck parking area Car parking area Tandem trailer parking area Hydrant Designated fire lane Breakdown lane Over posted time limit Inspection Sticker Idling in excess of five minutes Emergency vehicle access Double parking Weather emergency Outside of marked spaces Street cleaning $50 $50 $50 $50 $50 $50 $150 $100 $50 $50 $50 $50 $50 $100 $50 $50 $50 $100 $50 $50 $50 $50 $40 - - - - - - - - - - - - - - - - - - - - - - Section Title Section General Subject Matter Fine Way other than the Tunnels Fine Tunnels Traffic, Operation, and Safety: Vehicle Operation 700 CMR 7.09(5)(a) 700 CMR 7.09(5)(b) 700 CMR 7.09(6)(a) 700 CMR 7.09(6)(b) 700 CMR 7.09(6)(c) 700 CMR 7.09(6)(c) 700 CMR 7.09(10)(a) 700 CMR 7.09(10)(b) 700 CMR 7.09(11)(a) 700 CMR 7.09(11)(b) 700 CMR 7.09(12)(a) 700 CMR 7.09(12)(b) 700 CMR 7.09(12)(c) 700 CMR 7.09(13)(a) 700 CMR 7.09(13)(b) 700 CMR 7.09(17)(a) 700 CMR 7.09(17)(b) 700 CMR 7.09(17)(c) 700 CMR 7.09(22)(a) 700 CMR 7.09(22)(b) 700 CMR 7.09(24)(a) 700 CMR 7.09(24)(b) Careless or negligent operation Negligent loading Reasonable and proper speed Operating at dangerous speed Maximum speed Minimum speed Improper entry to a way Crossing solid pavement markings Unauthorized use of breakdown lane Unauthorized or dangerous crossing of median or other area Unauthorized use of cross-over Entry into restricted area - general Entry into restricted area - left lane restrictions Construction zone - excess speed (Note 5) Construction zone - entry into excluded area Construction zone - careless operation Keeping to the right when overtaking another vehicle - Tunnels Keeping to the right when overtaking another vehicle - Non-tunnels Care in passing another vehicle Space between vehicles Coasting Stopping, standing, or parking Backing and U-turns prohibited Failure to use care in stopping or turning - hand signals Repair or removal of disabled vehicle prohibited Failure to respond to over-height alarm Improper use of cutouts Improper use of horn Improper use of headlights - Tunnels Improper use of headlights - Non-tunnels Adequate fuel or energy supply Disposal of waste - minor Disposal of waste - major Defacing property Failure to display inspection sticker Inadequate equipment 1 Offense st 2 Offense nd 3 and subsequent Offense within rd any 12 month period Idling $50 $50 $50 $50 Note 3 $20 $50 $50 $100 $50 $50 $100 $100 $100 $100 $100 - $100 $100 $100 $100 $50 $50 $25 $50 - $35 $35 - $35 $50 $50 $100 $500 $50 $35 $75 $150 Note 4 $500 $100 $50 $500 Note 3 $20 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 $100 - $100 $100 $100 $100 $100 $25 $50 $500 $35 $35 $50 - $100 $50 $100 $500 $50 $35 $75 $150 Note 4 Section Title Section General Subject Matter Fine Way other than the Tunnels Fine Tunnels Transportation of Cargo 700 CMR 7.10 Transportation of alcoholic beverages Inspection and examination of cargo Interstate transportation Operator’s record of duty status Motor Carrier Safety Act $100 $100 $100 $50 $50 $100 $100 $100 $50 $50 Hazardous Materials Hazardous Materials - Tunnels Hazardous Materials - Non-tunnels - $500 $500 - Repair and Removal of Vehicles 700 CMR 7.12(1)(a) 700 CMR 7.12(1)(b) 700 CMR 7.12(2)(a) 700 CMR 7.12(2)(b) Unauthorized repair to disabled vehicle - Tunnels Removal of disabled vehicle - Tunnels Inappropriate repair of disabled vehicle - Non-tunnels Removal of disabled vehicle - Non-tunnels - - $25 $25 $25 $25 - - Note 1: The fine for a violation of 700 CMR 7.04(1)(a) or 700 CMR 7.04(1)(b) or 700 CMR 7.03(10) is specified in 700 CMR 7.13(3)(b). Note 2: The fine for exceeding the permissible weight is specified in 700 CMR 7.13(3)(c). Note 3: The fine for exceeding the maximum speed limit is specified in 700 CMR 7.13(3)(d). Note 4: The fine for idling is determined according to the provisions of M.G.L. c. 90, § 16A. Note 5: The fine for speeding in a construction zone may be doubled in accordance with M.G.L. c. 90, § 17 and 700 CMR 7.09(12). Note 6: The fine for a registered owner who fails to pay the fine specified in a violation notice or who fails to appeal a violation notice as provided by 700 CMR 7.14(1)(f) shall pay an additional penalty as indicated on the violation notice and/or in accordance with the amount in parenthesis in 700 CMR 7.07: Table 11. (b) Fines for Failure to Pay Toll. The fine for a violation of 700 CMR 7.03(10) or 7.04(1)(a) or (b) is contained in 700 CMR 7.13: Table 12. Late payment fees may assessed in accordance 700 CMR 7.03(12) and 7.04(5). (c) Fines for Over-weight Vehicles. Any operator who operates a vehicle, or any owner or bailee who requires or allows the operation of a vehicle, in violation of 700 CMR 7.06(5)(h) is subject to a fine of not less than $40.00 for each 1,000 pounds of weight or fraction thereof by which the vehicle weight of the vehicle as operated exceeds the maximum vehicle weight for a vehicle of its type as specified in 700 CMR 7.07(3): Table 3, or by a special permit that the Department issued for the vehicle for such operation, whichever is greater; provided, further, that, if the total of the excess weight is greater than 10,000 pounds, the rate of the fine is not less than $80.00 for each 1,000 pounds or fraction thereof over 10,000 pounds. (d) Fines for Speeding. Any individual convicted of a violation of the maximum speed limit in violation of 700 CMR 7.09(6)(c) is subject to punishment by a fine of not less than $ 50.00. Where such conviction is for operating a motor vehicle at a rate of speed exceeding ten miles per hour over the speed limit, an additional fine of $10.00 for each mile per hour in excess of the ten miles per hour is assessed, to a maximum fine of $500.00. (e) Fines for Other Violations. Whoever violates any provision of 700 CMR 7.00 not listed in 700 CMR 7.13(3): Table 12 is subject to a fine not exceeding $500.00 for every such offense.