Massachusetts General Laws
Chapter 159 - Common Carriers
Section 101 - Evasion of Payment of Toll or Fare

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

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 159 - Common Carriers

Section 1 - Duties; Jurisdiction to Enforce

Section 2 - Penalty

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 10 - Enforcement of Chapter by Department of Telecommunications and Cable and Department of Public Utilities

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 16 - Regulations, Practices, Equipment, Appliances or Service of Carrier; Department Control, Hearing and Order; Proof of Compliance

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 19f - Posting Rates, Terms and Conditions of Retail Services on Website; Department Notification of Changes

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 24 - Hearing Upon Complaint Concerning Service or Rates of Carrier Transmitting Intelligence by Electricity

Section 25 - Hearings; Notice to Interested Members of General Court

Section 26 - Valuation and Revaluation of Carrier's Property

Section 27 - Inspections

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 36 - Annual Audit

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 60 - Eminent Domain

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 75 - Damages

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 82 - Application

Section 83 - Examination by Railways; Report; Submission of Plans for Bridge

Section 84 - Maintenance and Repair; Hearing; Order

Section 85 - Enforcement

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 92 - Badges

Section 93 - Powers

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.

Section 104 - Throwing or Shooting Missiles

Section 105 - Application