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Terms & Conditions - Step 1 of 6
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Program Terms and Conditions
Terms & Conditions
(Effective as of October 28, 2016)
The Massachusetts Department of Transportation ("MassDOT") establishes
these terms and conditions that govern the use of the EZDriveMA system and
require that all EZDriveMA account holders and users of EZDriveMA
facilities adhere to these terms and conditions.
EZDriveMA is the cashless, automated system installed on or operating with
respect to a MassDOT tolled facility, or at other MassDOT or MassDOT
approved facilities, for the purpose of collecting tolls, fares, fees,
fines, or other transactions as determined by MassDOT. The EZDriveMA system
consists of E-ZPass MA and Pay by Plate MA (PBP).
If you are a customer with an E-ZPass account in good standing and the
system detects a valid E-ZPass transponder, the appropriate toll will be
automatically charged to your E-ZPass account. In all other instances a
photo of your license plate is taken and either matched to a license plate
on your E-ZPass or Pay by Plate MA account with the toll being charged
and/or an invoice is issued to the account holder, registered vehicle
owner, or responsible party.
You become an EZDriveMA customer by completing an E-ZPass MA or PBP account
application, or by simply driving on a MassDOT toll roadway and receiving a
PBP invoice in the mail.
The following terms and conditions supersede any previous terms and
conditions. These terms and conditions, together with your application, if
applicable, constitute the EZDriveMA Program Agreement. When you drive on a
MassDOT toll roadway, or facility you agree to the following:
Terms and Conditions
If any of the terms of this agreement are declared or found
to be illegal, unenforceable or void, then MassDOT and the
customer shall be relieved of all obligations under that
term. The remainder of the agreement shall be enforced to
the fullest extent permitted by law.
You shall not assign the obligations or benefits of this
agreement without the express written consent of MassDOT or
the EZDriveMA Customer Service Center (CSC).
You are advised and acknowledge that cameras are used in
the EZDriveMA system for the purpose of toll collection and
You agree to obey all applicable federal and state laws and
regulations governing the use and operation of MassDOT's
facilities and the EZDriveMA Programs. Failure to do so may
result in fines and penalties and/or termination of your
E-ZPASS MA AND REGISTERED PBP MA ACCOUNTS
MassDOT reserves the right to reject any E-ZPass MA or PBP
You certify that all information contained in your
application is true and accurate. You agree to immediately
notify the CSC if any of the information contained in your
application changes, including but not limited to, changes
to address, payment information such as credit/debit card
and bank account information, and vehicle and license plate
information. Failure to do so may subject you to additional
fees, fines and/or penalties.
MassDOT may, at any time, suspend or terminate your E-ZPass
MA or PBP MA account, and/or deactivate your E-ZPass
transponder(s), if applicable, for violation of applicable
laws, regulations, or these terms and conditions. You shall
remain and be liable for payment of all fines, penalties,
costs, fees, and any other monies owed pursuant to these
terms and conditions and any applicable laws.
You acknowledge and accept that you are required to
maintain your E-ZPass MA and/or PBP MA account in good
standing. Failure to do so may result in the issuance of a
PBP Invoice and/or additional fees pursuant to the
provisions of 700 CMR 7.00 et. seq and 700 CMR 11.00 et.
You authorize MassDOT to access and charge all tolls, fees,
fines and other penalties associated with your
participation in the EZDriveMA Program and associated use
of an E-ZPass transponder, if applicable, to your account
and to the credit/debit card, bank account, or other chosen
method of payment for your account. The fee(s) authorized
hereunder include, but are not limited to, transactional,
administrative, periodic administrative (i.e. monthly,
yearly, etc.), and any other type of fee(s), as may be set
and assessed at MassDOT's discretion from time to time
without prior written notice. Information relating to such
fees and a current Fee Schedule may be obtained by
contacting the CSC or online at www.EZDriveMA.com.
If you have selected Automatic Account Replenishment as the
payment method for your EZDriveMA account charges, you
agree that you are responsible for providing the CSC with a
valid credit/debit card or a banking account with
If you have selected Manual Account Replenishment as your
payment method, you agree that you are responsible to
maintain a positive balance in your account at all times.
You acknowledge that if your prepaid balance falls to or
below $0.00, continued use of a MassDOT roadway will result
in the issuance of a PBP Invoice to the registered vehicle
owner or responsible party and may subject the registered
vehicle owner to a higher toll rate and/or additional fees.
You acknowledge that MassDOT may periodically review the
activity in your E-ZPass MA or Registered PBP MA account
and adjust your replenishment amount, if applicable, to
more accurately reflect the average monthly charges and
fees incurred by you.
You acknowledge that your low balance threshold may also be
increased or decreased if your automatic replenishment
amount is adjusted and/or if you add or remove transponders
from your account.
You acknowledge and agree that
MassDOT shall not pay any interest on any prepaid account
You acknowledge and agree that you will be charged a fee
for each returned check.
You agree that administrative fees may be charged to your
E-ZPass MA TRANSPONDER USAGE
You agree that the E-ZPass MA transponder(s) remains the
property of MassDOT.
You agree to affix the E-ZPass transponder(s) on or in the
vehicle(s) in accordance with the instructions provided.
Failure to do so may subject you to additional fees and/or
the issuance of a PBP Invoice, at the PBP toll rate that is
established by MassDOT.
Two axle Commercial Vehicles, as defined in 700 CMR 7.02,
operating through the Sumner Tunnel, Callahan Tunnel,
and/or the Ted Williams Tunnel in Boston, shall be equipped
with an E-ZPass MA device, as described within the
provisions of 700 CMR 7.03, for the payment of the required
toll in accordance with the appropriate vehicle
classification contained in 700 CMR 7.03.
You acknowledge that in cases where your valid E-ZPass MA
transponder is not read, an image of the vehicle's license
plate is captured and the appropriate toll will be charged
to your account based on the license plate information
listed in your account. This may result in an
Administrative Fee being charged to your E-ZPass account.
You acknowledge that in cases where your E-ZPass MA
transponder is not valid, an image of the vehicle's license
plate is captured and the appropriate toll will be invoiced
to the registered vehicle owner or responsible party. This
will result in a higher toll charge as well as possible
additional fees being charged.
You agree to pay all costs associated with the use of the
E-ZPass MA transponder(s) assigned to you.
MassDOT may enter into reciprocal agreements with other
agencies. If your E-ZPass MA transponder(s) is used at any
toll facility, parking facility or other facility accepting
E-ZPass transponders as a payment mechanism, you agree that
all charges incurred in connection with the use of your
E-ZPass MA transponder(s) will be charged to your account,
or to your credit card in accordance with Section 4 of
these terms and conditions. You agree that you are
responsible for all such charges.
PLEASE NOTE A REGISTERED PBP ACCOUNT IS NOT VALID FOR USE
ON RECIPROCAL TOLL ROADS. REGISTERED PBP MA ACCOUNTS ARE
ONLY VALID FOR USE ON MASSDOT TOLL ROADS
MassDOT participates in a program that allows your E-ZPass MA
transponder to be used for paying parking charges at certain
parking facilities as well as other non-toll charges at other
locations. The program, called E-ZPass Plus, allows customers whose
accounts are auto-replenished by credit card to participate in the
program. If you have chosen to replenish your E-ZPass MA account
with a credit card, you may enroll in the E-ZPass Plus program by
contacting the EZDriveMA Customer Service Center or by enrolling
on-line. If your E-ZPass MA is used to incur these charges, the
payment option associated with your E-ZPass MA account will be
charged. If you choose to enroll in the E-ZPass PLUS program, you
acknowledge and agree to the release of your name and address to
the E-ZPass Plus operator, if necessary for collection purposes.
For charges under $20.00 the payment will be deducted from
your EZDriveMA account
For charges $20.00 or greater your credit/debit card on
file will be charged for the full amount.
LOST/STOLEN AND DEFECTIVE E-ZPass MA TRANSPONDERS
You agree that you will notify the CSC immediately if your
transponder(s) is lost or stolen.
You agree that you are responsible for any costs associated
with any and all uses of the E-ZPass MA transponder(s)
assigned to your account prior to such notification.
Defective E-ZPass MA transponders must be brought or mailed
to a CSC for testing and evaluation. At the discretion of
MassDOT, defective E-ZPass MA transponders may be replaced
free of charge. If the E-ZPass MA transponder shows signs
of misuse or abuse you will be required to pay a
PAY BY PLATE INVOICE
You agree that driving on a MassDOT toll roadway without an
E-ZPass MA or Registered PBP account in good standing will
result in an image of your license plate being taken and an
invoice being issued to the registered vehicle owner or
You agree that failure to pay or appeal your PBP Invoice
within the time period and in the manner described in 700
CMR 7.00 and/or 700 CMR 11.00 may result in additional
fees, fines, and/or penalties, and the non-renewal of your
driver's license and vehicle registration by the Registry
of Motor Vehicles (RMV). This is in addition to any other
legal action or remedy that may be available to MassDOT to
recover such monies owed.
LEASE OR RENTAL VEHICLES
The registered owner of record of the motor vehicle is responsible for the
payment of the tolls, fees, fines and/or penalties that MassDOT assesses
with respect to the nonpayment of the toll. If, however, the registered
owner of record is in the business of leasing or renting motor vehicles and
provides to MassDOT by the Payment Due Date on the Pay By Plate invoice, a
copy of a lease, rental or similar contract document indicating that the
vehicle was leased or rented at the time of the toll transaction and the
identity, address and driver's license information of the person entitled
to possession is discernible from the document, in which case that person
may be responsible for the payment of the fines or penalties that MassDOT
assesses. MassDOT has no obligation or liability whatsoever in any rental
or leasing agreement.
You agree to comply with the appeal requirements and processes as
provided for in 700 CMR 7.00 and/or 700 CMR 11.00. Failure to do so
may result in a denial of your appeal. Appeals must be in writing
to the Customer Service Center, 27 Midstate Drive, Auburn, MA
01501, or on-line at www.EZDriveMA.com. MassDOT
will investigate the appeal and will make a good faith
determination of whether an adjustment is warranted. You agree that
the good faith determination of MassDOT or its representative with
regard to your appeal shall be final and binding upon you.
MassDOT shall have no responsibility or liability to you
for any loss, cost, expense or damage to you, any
passengers or your vehicle, arising out of your failure to
comply with any laws or regulations, or any terms and
conditions of the EZDriveMA Program Agreement, or out of
your misuse or abuse of an E-ZPass MA transponder, or
failure to follow instructions for the use and operation of
E-ZPass MA transponder(s).
Under no circumstances shall MassDOT have any liability for
any consequential, indirect, special, incidental, or
punitive damages of any kind arising out of your
participation in the EZDriveMA Programs.
MassDOT makes no representations or warranties, express or
implied, with respect to the merchantability or fitness for
a particular purpose or any other reason with respect to
E-ZPass MA transponders and/or EZDriveMA Programs.
Except as otherwise specified herein, MassDOT shall have no
liability or obligation of any kind what so ever arising
out of your use of or the performance of the E-ZPass MA
transponder, any defect or malfunction of an E-ZPass MA
transponder or the failure or unavailability of the
You agree to indemnify, defend, and hold harmless MassDOT
from and against any and all damage, loss, cost, expense,
or liability relating to, arising from, or as a result of
the use or performance of the EZDriveMA System.
Unpaid balances due to MassDOT may be turned over to a
collection agency for enforcement and collection activities
along with any other legal action that MassDOT is
authorized to pursue to recover such monies owed.
You agree to pay MassDOT's costs, including attorneys'
fees, required to enforce the terms and conditions of the
EZDriveMA Programs and the collection of monies in
connection with your use of the EZDriveMA system.
In accordance with the provisions of G.L. c. 6C, Section 13 (a),
MassDOT shall maintain the confidentiality of all information
including, but not limited to, photographs or other recorded images
and credit and account data relative to account holders who
participate in its electronic toll collection system. Such
information shall not be a public record under clause Twenty-sixth
of section 7 of chapter 4 or section 10 of chapter 66 and shall be
used for enforcement purposes only with respect to toll collection
The EZDriveMA Program shall be governed by the laws of the
Commonwealth of Massachusetts. Any legal proceeding arising out of
or under the EZDriveMA Program shall be brought in Superior Court,
Suffolk County in Boston, Massachusetts.
E-ZPass MA and Registered PBP MA account holders may close their
account and terminate this agreement at any time by notifying the
CSC in writing of their intent to close the account, paying any
outstanding amounts due and returning your transponder(s) to the
CSC, if applicable. Transponders should be returned in person or by
first class prepaid mail. Transponders will remain the property of
MassDOT under all circumstances. Upon termination of this agreement
and return of your transponder(s), your account balance will be
refunded to you. All outstanding charges will be deducted prior to
MassDOT may change the "EZDriveMA Program Terms and Conditions" at
any time by giving customers notice thereof. The terms and
conditions shall become effective seven (7) days after such notice
has been given. No written notice is required, and you hereby waive
any requirement that written notice be provided. Such notice may be
given through any means, including, but not limited to, advertising
such notice in the media, posting such notice on message boards
along MassDOT's roadways, posting such notice on the MassDOT
website, or otherwise, as determined by MassDOT. If you have
provided an electronic mailing address to MassDOT with your
application, you authorize that such notice may be provided by
sending such notice to that electronic mail address, in MassDOT's