The Massachusetts Turnpike Authority's ("MTA") FAST LANE® Program and the use
of FAST LANE is limited to patrons who join the FAST LANE Program and maintain
their account in "good standing," and to valid members of E-ZPass. A FAST LANE
member in "good standing" means a patron who: (1) submitted a completed FAST LANE
application to the MTA's FAST LANE Service Center; (2) affixed the FAST LANE transponder(s)
in accordance with the instructions provided; (3) maintains their account current,
with sufficient balance at all times to pay for all FAST LANE transactions; and
(4) uses the FAST LANEs in accordance with the FAST LANE Program Agreement and
the MTA's regulations.
Below are the Terms and Conditions for the FAST LANE application. Your application cannot be submitted unless you indicate that you accept these Terms and Conditions by clicking on the appropriate button at the bottom of this page.
FAST LANE Program Terms and Conditions
The following are the terms and conditions governing the FAST LANE Program, which
supersede any terms and conditions you may have previously received. These terms
and conditions, together with your application, constitute the FAST LANE Program
Agreement. Please read all of the terms and conditions and the entire application
prior to using a FAST LANE transponder. When a transponder assigned to you is
used, you agree as follows:
1. TERMS
a) The MTA may, at any time, suspend or terminate your FAST LANE account, and/or
electronically deactivate your FAST LANE transponder(s) for violation of applicable
laws, regulations, or the terms and conditions of the FAST LANE Program Agreement.
You shall remain and be liable for payment of all fines, penalties, costs, and
monies owed pursuant to the terms of this agreement.
b) The MTA reserves the right to reject any FAST LANE application.
c) If any of the terms of this agreement are declared or found to be illegal,
unenforceable or void, then the MTA and the FAST LANE patron shall be relieved
of all obligations under that term. The remainder of the agreement shall be enforced
to the fullest extent permitted by law.
2. TRANSPONDER USAGE
a) You agree that the FAST LANE transponder(s) remains the property of the MTA.
This is required for manufacturer warranty purposes, and to establish a mechanism
for the proper disposal of an inoperable transponder once you return it to the
MTA.
b) You agree to affix the FAST LANE transponder(s) in the vehicle(s) in accordance
with the instructions provided in the FAST LANE transponder kit, and to use the
transponder(s) only in the vehicles that you have listed on your application,
and updated as necessary. Failure to do so may subject you to a Violation Fine
or a Video-Toll ("V-Toll") Administrative Fee.
c) You agree that you may not use any designated FAST LANE unless the vehicle
is properly equipped with a FAST LANE transponder and that vehicle has been listed
on or added to your application and account.
d) You acknowledge that you are required to enter and exit all toll plazas through
a designated FAST LANE. Otherwise, you will be required to pay your toll in cash.
e) When traveling on the Massachusetts Turnpike's ticket system (interchanges
west of Route 128/I-95) and a point of exit, but no point of entry, is registered
for the FAST LANE transaction, you agree that the FAST LANE system will assume
the entry point that is farthest from the point of exit when calculating the toll
amount. You may only contest the toll amount in writing to the FAST LANE Service
Center within sixty (60) days of the disputed charge. If the toll is reduced,
your account will be credited the amount of the reduced toll.
f) You agree that you will comply with the posted speed limit for all FAST LANEs.
You are advised and you agree that exceeding the posted speed limit will subject
you to fines and penalties and/or termination of your FAST LANE account.
g) You agree to obey all applicable federal and state laws and regulations governing
the use and operation of the MTA's facilities and the FAST LANE Program. Failure
to do so may result in fines and penalties and/or termination of your FAST LANE
account.
h) You agree to pay all costs associated with the use of the FAST LANE transponder(s)
assigned to you.
i) You agree to obey all signage, postings and signal messages in the FAST LANEs.
You agree that you will not use the FAST LANE after you have received a message
in the lane to "CALL FAST LANE" (signifying that a violation has occurred) until
you have contacted the FAST LANE Service Center and verified that your account
is in good standing.
j) The MTA may enter into reciprocal agreements with other agencies. If your
FAST LANE transponder(s) is used at any toll facility, parking facility or other
facility accepting FAST LANE as a payment mechanism you agree that all costs incurred
in connection with the use of your FAST LANE transponder(s) will be charged to
your account in the manner that you have authorized in your FAST LANE application
and that you are responsible for all such charges.
3. RETURNED, LOST/STOLEN AND DEFECTIVE TRANSPONDERS
a) If you return your transponder(s) within ninety (90) days of opening your
FAST LANE account, and it is in good working condition (not damaged or defaced)
you will receive a refund equal to the amount of the Transponder Fee paid at the
time the account was opened. No refunds will be paid for transponder(s) after
ninety (90) days.
b) You agree that you will notify the FAST LANE Service Center 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 FAST LANE transponder(s) assigned
to your account prior to such notification. The replacement fee for lost or stolen
transponder(s) is equal to the amount of the Transponder Fee and Transponder Administrative
Fee applicable as of the replacement date.
c) Defective FAST LANE transponders must be brought or sent to a FAST LANE Service
Center for testing and evaluation. Defective FAST LANE transponders will be replaced
free of charge within three (3) years of issue date. If the FAST LANE transponder
shows signs of misuse or abuse, or is returned after three (3) years, you will
be required to purchase a replacement FAST LANE transponder. The replacement
fee is equal to the amount of the Transponder Fee applicable as of the replacement
date.
4. YOUR FAST LANE ACCOUNT
a) You authorize the MTA to access and charge all costs associated with the use
of your FAST LANE transponder(s) to the credit card listed on your application
or your bank account, as applicable.
b) You acknowledge that the MTA may review periodically the activity in your
account and adjust your replenishment amount, if applicable, to more accurately
reflect the average monthly costs incurred by you.
c) You shall not assign the obligations or benefits of this agreement without
the express written consent of the MTA or the FAST LANE Service Center.
d) You agree that you are responsible for providing the FAST LANE Service Center
with a credit card in good standing (i.e., valid, not expired and below the maximum
balance), a banking account with sufficient funds, or a positive balance in your
manual replenishment account, at all times to cover the costs associated with
your use of the FAST LANE transponder(s).
e) If you have selected "Manual Account Replenishment" as the payment method
for your FAST LANE charges and your balance falls below $0.00 you will be subject
to the issuance of a Violation Fine and account termination. In lieu of account
termination you may be allowed to retain your FAST LANE account, provided any
outstanding balance is paid in full and you enroll in an automatic account replenishment
payment method (credit card or bank account).
f) You agree that the MTA shall not pay any interest on any FAST LANE account
pre-paid balance or any transponder deposit.
g) You acknowledge and accept that you will be charged a fee for each returned
check for your FAST LANE Program account.
h) You certify that all information contained in your FAST LANE application is
true and accurate. You agree to notify immediately the FAST LANE Service Center
if any of the information contained in your application changes, including but
not limited to, changes to address, credit card, bank account information, and
vehicle and license plate information. Failure to do so may subject you to a
Violation Fine or a Video-Toll ("V-Toll") Administrative Fee.
i) Administrative fees may be billed directly to your account. You may only
contest the imposition of said administrative fees in writing to the FAST LANE
Service Center within sixty (60) days of the disputed charge. If the fee is rescinded,
your account will be credited the amount of the rescinded fee.
j) Unpaid balances due to the MTA may be turned over to a collection agency for
enforcement and collection activities.
5. VIOLATIONS AND "VIDEO TOLL" ADMINISTRATIVE FEES
a) In cases where your FAST LANE transponder is not read, but an image of the
vehicle's license plate is captured in the lane and the license plate information
for the vehicle is listed in your account, the appropriate toll amount shall be
deducted from your account by use of the video image, referred to herein as a
"video toll" or "v-toll." A Video Toll ("V-Toll") Administrative Fee shall also
be applied to your account.
b) You acknowledge and accept that you are required to maintain your FAST LANE
account in good standing at all times and that if your account balance falls below
$0.00 you will be subject to a fine and penalties for unauthorized use of the
FAST LANE under 730 C.M.R. 7.04 et. seq.
c) You agree that in the event your account falls below $0.00 due to an expired
or rejected credit card, an insufficient bank account balance or an insufficient
pre-paid balance and you proceed through a FAST LANE, you are in violation of
the FAST LANE Program Agreement and the MTA's regulations, and you are subject
to a violation and penalties under 730 C.M.R. 7.04 et. seq.
d) Any use of the FAST LANE by a vehicle that is not listed on a FAST LANE application;
a FAST LANE account not in good standing; or an invalid member of E-ZPass is prohibited,
and the registered owner of any such vehicle is subject to a fine and penalties
under the MTA's regulations.
e) If you rent or lease a vehicle and receive a FAST LANE warning/violation you
are advised that under Massachusetts Law the MTA must issue a violation to the
registered owner of the vehicle (the rental or leasing company). The rental or
leasing company is required to provide the MTA with the name and address of the
renter/lessee within forty-five (45) days (G.L. c.90, § 20E). Upon receipt of
this information within the statutory time period the MTA will issue the violation
to the renter/lessee. The MTA has no obligation or liability whatsoever in any
rental or leasing agreement.
f) You are advised and acknowledge that violation enforcement cameras are used
in FAST LANEs. You agree that if you are issued a violation for unauthorized use
of the FAST LANE System you are required to adhere to the MTA's regulations 730
C.M.R. 7.00-7.12 et. seq., for the payment or appeal of any violations. Under
the MTA's regulations you must pay or appeal in writing any violation issued to
you within sixty (60) days.
g) Failure to pay or appeal violation fines within the time period and in the
manner described on the violation notice may result in additional Violation Administrative/Late
Fees, the termination of your account, the non-renewal of your driver's license
and vehicle registration by the Registry of Motor Vehicles (RMV), and an RMV Non-Renewal
"Marking Fee," along with any other legal action that the MTA is authorized to
pursue to recover such monies owed.
h) You agree that the information provided to, or contained in your FAST LANE
Account can be used by the MTA in any administrative or legal proceeding by the
MTA to collect any monies owed by you to the MTA.
6. DISPUTES/REFUNDS
a) If you dispute any charge to your FAST LANE account you agree to notify the
FAST LANE Service Center in writing at 27 Midstate Drive, Auburn, MA 01501, within
sixty (60) days of the disputed charge or other item of dispute. The MTA will
investigate the dispute and will make a good faith determination of whether an
adjustment is warranted. You agree that the good faith determination of the MTA
with regard to your dispute shall be final and binding upon you.
7. DISCLAIMER
a) The MTA 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 FAST LANE Program Agreement, or out of your misuse or abuse of a FAST LANE
transponder, or failure to follow instructions for the use and operation of FAST
LANE transponder(s).
b) Under no circumstances shall the MTA have any liability for any consequential,
indirect, special, incidental, or punitive damages of any kind arising out of
your participation in the FAST LANE Program.
c) Except for its obligations under paragraphs 3 (a) and 3 (c) above, the MTA
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 FAST LANE transponders and/or the FAST LANE Program.
d) Except as otherwise specified herein, the MTA shall have no liability or obligation
of any kind whatsoever arising out of a) your use of or the performance of the
FAST LANE transponder, b) any defect or malfunction of a FAST LANE transponder
or any defect or malfunction in any FAST LANE, or c) the failure of any FAST LANEs
to operate at any time or the unavailability of any FAST LANEs at any toll plaza.
e) The MTA does not warrant that there will be any FAST LANEs, or that any particular
number of FAST LANEs will be available at any toll plaza, or that FAST LANE will
be available at any other facilities.
f) You agree to indemnify, defend, and hold harmless the MTA 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 FAST LANE transponder.
8. COLLECTION EXPENSES
a) You agree to pay the MTA's costs, including attorneys' fees, required to enforce
the terms and conditions of the FAST LANE Program and the collection of monies
in connection with the use of your FAST LANE transponder(s).
9. NON-DISCLOSURE
a) In accordance with the provisions of G.L. c. 81A, Section 10 (a) and (b),
the MTA and the FAST LANE Service Center shall hold all customer account information
confidential, except as otherwise authorized for MTA administrative and legal
proceedings.
10. GOVERNING LAWS
a) The FAST LANE Program Agreement shall be governed by the laws of the Commonwealth
of Massachusetts. Any legal proceeding arising out of or under the FAST LANE Program
Agreement shall be brought in the Superior Court of Suffolk County in Boston,
Massachusetts.
11. TERMINATION
a) You may terminate this agreement at any time by returning your transponder(s)
to the FAST LANE Service Center. Transponders should be returned in person or
by first class prepaid mail. Transponders will remain the property of the MTA
under all circumstances. Upon termination and return of your transponder(s),
your account balance will be refunded to you. All outstanding charges will be
deducted prior to refund.
12. MODIFICATIONS
a) The MTA may change the "FAST LANE 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.
FAST LANE is a registered trademark of the Massachusetts Turnpike Authority's
electronic toll collection system.