Section 101. (a) Whoever fraudulently evades or attempts to evade the payment of a fare lawfully established by a railroad corporation or railway company, either by giving a false answer to the collector of the fare, by traveling beyond the point to which the person has paid the same, by leaving the station, train, trolley, car, motor bus or trackless trolley vehicle without having paid the fare established for the distance traveled or otherwise, shall forfeit not less than $50 nor more than $500. Whoever passes beyond the point where a fare is collected and does not first pay such fare shall not be entitled to be transported for any distance, and may be removed from a railway car, train, trolley, motor bus or trackless trolley vehicle; provided, however, that no person shall be removed from a car of a railroad corporation except as provided in section 93, nor from a train except at a regular passenger station.
(b) Passengers who fail to pay or prepay the required fare or who evade the payment of the required fare on a vehicle or ferry owned by or operated for the Massachusetts Bay Transportation Authority may be issued a warning or a noncriminal citation and may be requested to provide identification to the Massachusetts Bay Transportation Authority police or to any person designated by the Massachusetts Bay Transportation Authority to issue noncriminal citations. Upon request by a Massachusetts Bay Transportation Authority police officer, or by a person designated by the Massachusetts Bay Transportation Authority to issue noncriminal citations, a passenger shall make themselves known by personal identification or any other means for the purpose of being issued a noncriminal citation.
(c) A person who is issued a noncriminal citation shall be assessed a fine of not less than $10 or greater than $250 as established by regulations of the Massachusetts Bay Transportation Authority. If any such person fails to pay the fine or appeal the citation by the date on the noncriminal citation, the Massachusetts Bay Transportation Authority shall provide such person with notice of nonpayment of a fine indicating that the person's license or right to operate a motor vehicle may not be renewed until the fine is paid. The Massachusetts Bay Transportation Authority shall provide reasonable opportunity for a hearing and may waive or reduce a fine imposed or may offer an alternative method of resolving the fine imposed under this section.
Each citation issued pursuant to this section shall state that the person receiving the citation shall pay or appeal the fine by the payment due date stated on the citation. The citation notice shall describe the means for payment or appeal and shall state that a hearing may be obtained upon the written request of the violator in accordance with the instructions and timeframe provided for on the citation. The citation notice shall state that failure to respond in accordance with the instructions on the citation may result in the nonrenewal of the license to operate a motor vehicle.
(d) For the implementation of this section, the Massachusetts Bay Transportation Authority shall issue regulations regarding: (i) the nature and issuance of noncriminal warnings and citations; (ii) the collection of fines; (iii) fine amounts; (iv) penalties for failure to pay fines; (v) options for alternatives to resolve fines other than immediate payment in full; and (vi) the administration of appeal processes and hearings.
(e) Upon the report to the registrar of at least 2 unresolved citations under this section, the registrar shall not renew that person's license or right to operate a motor vehicle under chapter 90 until the registrar receives a report from the Massachusetts Bay Transportation Authority indicating that all outstanding citations have been resolved; provided, however, that the registrar shall offer to accept payment or offer a waiver of fines under this section based on financial hardship; and provided further, that a person who requests or appeals a waiver shall be issued a license, if otherwise eligible, while the request or appeal is pending. Fines imposed under this section shall be paid to the general fund of the Massachusetts Bay Transportation Authority.
(f) The Massachusetts Bay Transportation Authority and the office of performance management and innovation established in section 6 of chapter 6C shall publish a report annually. The report shall include, but not be limited to, data on warnings and citations issued pursuant to this section during the preceding 12 months. The office shall transmit the annual report to the clerks of the senate and house of representatives, the house and senate committees on ways and means and the joint committee on transportation. The office shall issue rules relative to the data that is to be contained in this report.
(g) Notwithstanding any general or special law to the contrary, no person shall be subject to arrest for fare evasion on the transit system operated by the Massachusetts Bay Transportation Authority.
Structure Massachusetts General Laws
Part I - Administration of the Government
Section 1 - Duties; Jurisdiction to Enforce
Section 3 - Limitations Upon Liability Imposed by Carrier
Section 4 - Security Required of Employee to Indemnify Against Neglect; Penalty
Section 5 - Foreign Express Businesses; Appointment of General Agent
Section 6 - Foreign Express Businesses; General Agent's Bond
Section 7 - Foreign Express Businesses; Failure of Agent to Comply With Secs. 5 and 6; Penalty
Section 8 - Protection of Carriers; Misuse of Orders; Penalty
Section 9 - Express Business Upon Steamboat Lines; Application of Provisions Relating to Railroads
Section 11 - Record of Action by Department
Section 12 - Services Supervised and Regulated by Department
Section 12e - Third Party Verification Service Providers; Registration
Section 13 - Inquiry Into Rates, Etc.
Section 14 - Unjust Rates, Fares or Charges; Orders to Fix; Orders for Reparation
Section 15 - Free Service, Tickets, Passes or Transportation Prohibited; Exceptions
Section 16a - Factors in Ordering Discontinuance or Abandonment of Railway Service
Section 17 - Charges for Service; Regulation
Section 18 - Classes of Rates Established by Carrier; Special Rates
Section 19 - Filing of Rate Schedules
Section 19a - Directory Assistance Rate Schedules
Section 19b - Automatic Telephone Dialing Systems; Definition
Section 19c - Notification of Wish Not to Receive Calls From Automatic Telephone Dialing System
Section 19d - Design and Operation of Automatic Telephone Dialing Systems
Section 19e - Solicitations by Telephone; Required Disclosures; Misrepresentation
Section 20 - Notice and Hearing Upon Proposed Rate Schedule Changes; Order
Section 21 - Establishment of Through Routes for Passengers and Freight
Section 22 - Railway Signals Required by Department
Section 23 - Notice to Railway of Recommended Improvements and Changes
Section 25 - Hearings; Notice to Interested Members of General Court
Section 26 - Valuation and Revaluation of Carrier's Property
Section 28 - Notice of Accidents
Section 29 - Investigation of Accidents
Section 30 - Defects; Information by Employee; Protection of Source
Section 31 - Forms of Accounts, Records and Memoranda
Section 32 - Annual Return; Form; Time of Filing; Amendment
Section 33 - Express Business; Annual Return
Section 34 - Examination of Books, etc.; Subpoena Duces Tecum
Section 34a - Supervision of Companies Affiliated With Carrier
Section 35 - Examination of Condition of Company on Request of Interested Party
Section 37 - Service of Orders of Department; Notification of Receipt and Acceptance
Section 38 - Effect of Request or Advice of Department
Section 39 - Violations; Action by Attorney General
Section 40 - Violations or Threatened Violations; Mandamus or Injunction
Section 41 - Representation at Hearings Concerning Proposed Legislation Affecting Department
Section 43 - Annual Report of Department
Section 44 - Examinations or Audits by Department; Divulging Information; Penalty
Section 50 - Offer of New Capital Stock to Stockholders; Notice; Price; Time of Acceptance
Section 51 - Auction of New Capital Stock
Section 52 - Basis of Determination by Department as to Amount of New Capital Stock
Section 53 - Computation of Amount of Capital Stock as Basis for Bond Issue
Section 54 - Approval by Department; Public Hearing
Section 57 - Consent of Department
Section 58 - Supervision of Crossing Following Consent of Department
Section 59 - Proceedings to Alter Crossing
Section 61 - Party to Carry Award Into Effect and to Pay Charges
Section 62 - Appointment of Commission; Hearing; Notice
Section 63 - Revision of Award; Jury
Section 64 - Recovery After Alteration of Proportion of Expense
Section 65 - Proceedings to Abolish Grade Crossings
Section 70 - Manner and Limits of Grade Crossing Abolitions; Costs; Apportionment
Section 72 - Crossing Abolished Upon State Highway; Clear View
Section 73 - Financing Cost of Abolishing Crossing by Street Railway Company
Section 74 - Change of Location
Section 76 - Settlement of Claims; Failure to File Petition
Section 77 - Expenses of Maintenance and Repair
Section 78 - Audit of Expenses; Investigations; Orders of Payment of Apportioned Share
Section 79 - Enforcement; Review
Section 80 - Proceedings Upon Agreement as to Alterations
Section 83 - Examination by Railways; Report; Submission of Plans for Bridge
Section 84 - Maintenance and Repair; Hearing; Order
Section 86 - Formation of Relief Corporation
Section 87 - By-Laws; Statements of Membership and Financial Condition
Section 88 - Association of Railroad Corporation With Relief Corporations
Section 94 - Arrest of Offenders
Section 95 - Compensation of Police; Liability for Misconduct of Police
Section 96 - Action for Debt Due for Constructing a Railroad
Section 97 - Exception; Contractor
Section 98 - Notice of Intention by Materialman; Filing; Fee
Section 99 - Statement of Amount Due for Labor Performed; Filing; Fee
Section 100 - Limitation of Actions
Section 101 - Evasion of Payment of Toll or Fare
Section 102 - Designation of Torpedoes or Other Explosives
Section 103 - Injury to Signals, Tracks, Cars, Etc.