Amendment #387 to H3400

MBTA Fare Evasion Fines

[Sponsors] Representative Straus of Mattapoisett moves to amend the bill by adding the following section:

SECTION XX.  Section 101 of chapter 159 of the General Laws is hereby amended by striking out the current section, as appears in the General Laws, and inserting in place thereof the following section:

Section 101.  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, or by traveling beyond the point to which he has paid the same, or 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 fifty nor more than five hundred dollars. 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; but no person shall be removed from a car of a railroad corporation except as provided in section ninety-three, nor from a train except at a regular passenger station.

Passengers who fail to pay or prepay the required fare on any vehicle or ferry owned by or operated for the Massachusetts Bay Transportation Authority in violation of this section shall be subject to a noncriminal citation, and may be requested to provide identification to Massachusetts Bay Transportation Authority police or employees within the instructor, chief inspector, or inspector classifications for the purpose of issuing a noncriminal citation.  Upon request by a Massachusetts Bay Transportation Authority police officer, a passenger shall make themselves known to police by personal identification or any other means for the purpose of issuing a non-criminal citation.  Whoever fails or refuses to make himself known by personal identification or any other means upon demand by a Massachusetts Bay Transportation Authority police officer for the purposes of issuing a non-criminal citation shall be subject to arrest for fare evasion pursuant to section 93.  This paragraph does not confer any power of arrest or any other power, other than to inquire as to personal identification and to issue noncriminal citations to fare evaders, on Massachusetts Bay Transportation Authority employees classified as an instructor, chief inspector, or inspector.

A person who is issued a noncriminal citation shall be assessed a fine as follows: $75 for a first offense; $200 for a second offense; or $350 for a third or subsequent offense.  If the person fails to pay the fine within 21 days of the date of the issuance of a noncriminal citation under this section, or the violator fails to request a hearing within 21 days of the date of the issuance of a noncriminal citation under this section, the authority shall provide notice of nonpayment of a fine indicating that the person’s license or right to operate a motor vehicle will be suspended until the fine is paid.  The authority shall provide reasonable opportunity for a hearing and may waive or reduce a fine imposed under this section within its discretion.  If the fine is not waived under this section, the violator shall have 21 days from the date of the hearing to pay the fine.

Upon the report of the authority of nonpayment of a fine 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 authority indicating that the fine has been satisfied.  Fines imposed under this section shall be paid to the general fund of the Massachusetts Bay Transportation Authority.

If the records of the registrar indicate that the violator has no current information on file and the violator is under 17 years of age, the record shall be retained until such time the violator is eligible for a license to operate a motor vehicle under Chapter 90.  The violator must first pay the fine before being issued said license.

If the records of the registrar indicate that the violator has no current information on file and the violator is 17 years of age or older and the violator fails to pay the fine or request a hearing, a surcharge of $100 will be assessed to each violation and an application for a criminal complaint will be made in accordance with paragraph one of this section.

Each citation shall state: “This noncriminal citation may be returned by mail, personally or by an authorized person.  A hearing may be obtained upon the written request of the violator. Failure to obey this notice within twenty-one days after the date of violation may result in the non-renewal of the license to operate a motor vehicle.”