Section 101 Evasion of payment of toll or fare
Section 101. Whoever fraudulently evades or attempts to evade the payment of a toll or fare lawfully established by a railroad corporation or railway company, either by giving a false answer to the collector of the toll or fare, or by traveling beyond the point to which he has paid the same, or by leaving the train, car, motor bus or trackless trolley vehicle without having paid the toll or fare established for the distance traveled, or otherwise, shall forfeit not less than fifty nor more than five hundred dollars. Whoever does not upon demand first pay such toll or fare shall not be entitled to be transported for any distance, and may be ejected from a railway car, 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 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: $15 for a first offense; $100 for a second offense; or $250 for a third or subsequent offense. If the person fails to pay the fine within 1 year 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 and informing the person of an opportunity for a hearing by the authority. The authority shall provide reasonable opportunity for a hearing and may waive or reduce a fine imposed under this section within its discretion.
At least 90 days following notice to a violator of nonpayment of a fine under this section, if the violator has not requested a hearing, the authority shall report the person to the registrar of motor vehicles. 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.