740 CMR, § 11.04

Current through Register 1536, December 6, 2024
Section 11.04 - Electronic Toll Collection
(1)ETC System. The Authority from time to time establishes the terms and conditions governing the use of the ETC system and requires that account holders accept these terms and conditions.
(2)Use of the ETC System. No person may use or attempt to use the Authority's ETC system or possess an electronic device that is issued for use with the ETC system unless:
(a) the person is duly registered with the Authority or its designated ETC contractor as an account holder;
(b) the person is operating an authorized ETC-equipped motor vehicle with the permission of the account holder of the ETC-equipped motor vehicle; or
(c) the person is using an electronic device of an electronic toll collection system of another jurisdiction that the Authority accepts for use in its ETC system.
(3)Unauthorized Use of the ETC System. A motor vehicle which is not an authorized ETC-equipped motor vehicle shall stop and pay the toll as required by 740 CMR 11.04 and may not use the ETC System. A failure to stop at the toll lane by a non-ETC-quipped motor vehicle is considered to be an unauthorized use of the ETC.
(4)Assessment of Toll. An ETC-equipped motor vehicle that passes through the Tobin Memorial Bridge toll plaza without paying a toll to the toll collector, incurs a toll in accordance with 740 CMR 11.04(1). The Authority assesses the appropriate toll charge against the corresponding account holder.
(5)Evasion of Toll by Device or Method. No person may use or attempt to use any device or method, the intended result of which is the inability of an ETC system to assess or collect the toll due under 740 CMR 11.04 or the non-payment of the toll.
(6)Prima FacieResponsibility. The registered owner of the motor vehicle is prima facie responsible for the payment of the fines or penalties that the Authority assesses in accordance with 740 CMR 11.99 in respect to a violation of 740 CMR 11.04 or the nonpayment of the toll unless:
(a)Stolen Vehicle. The registered owner has reported in a timely manner to a police agency that the violating vehicle has been stolen, and the violating vehicle remained stolen at the time of the violation of 740 CMR 11.04; or
(b)Leased or Rented Vehicle. The registered owner is in the business of leasing or renting motor vehicles and provides a copy of a lease, rental or similar contract document indicating that the violating vehicle was leased or rented at the time of the violation and the identity, address and drivers license information of the person entitled to possession is discernible from the document, in which case that person is prima facie responsible for the payment of the fines or penalties that the Authority assesses in accordance with 740 CMR 11.00et seq.

740 CMR, § 11.04