Appendix B Index of Links to FAQ s

Transcription

1 Appendix B FAQ s

2 Appendix B Index of Links to FAQ s Index of Links to all FAQ s B-0_ATVs and Snowmobiles... B:3 B-1_Boat Registrations and Titling... B:4 B-2_Campers and Trailers... B:11 B-3_Commercial & Private... B:13 B-4_Commercial Driver Requirements... B:24 B-5_Dealer Information... B:30 B-6_Disabled Parking... B:34 B-7_Driver Privacy Protection Act (DPPA)... B:39 B-8_General Registration (Section 5)... B:44 B-9_Inspection Stations... B:45 B-10_International Driving Permits/License... B:54 B-11_Junior Operator Permits and License... B:58 B-12_Livery... B:74 B-13_Low Emission Vehicles (LEV)...B-77 B-14_Mature Driver...B-81 B-15_National Registry of Certifed Medical Examiners... B:83 B-16_Organ & Tissue Donation... B:87 B-17_Safe Driving Law... B:93 B-18_School Bus - Pupil... B:97 B-19_Seven Day Transfer Law... B:104 B-20_Social Security Number (SSN)... B:111 B-21_Vehicle Inspection Check... B:113 B-22_Year of Manufacturer... B:117 B:2

3 Appendix B-0 ATV s and Snowmobiles ATV and Snowmobile Registrations 1. Am I required to register my ATV or Snowmobile? State law requires the registration of any ATV or Snowmobile in accordance with the provisions of the law (Chapter 90B) except on land owned by the owner of such recreational vehicle. 2. Where can we ride trail bikes and fourwheelers in the state of Massachusetts? For information on trails in the state of Massachusetts please call the following phone numbers: Trail Information: or or visit this website: or 3. If I purchase a go-cart, does this cart have to be registered? Yes, if the vehicle will be used off-road. 4. Is my Massachusetts ATV/Snowmobile registration valid in other states? Your Massachusetts ATV or Snowmobile registration is only valid in Massachusetts. You must register in any other state you decide to ride in. 5. Do I have to carry my registration with me while riding? Yes. Your registration card must be carried while riding your ATV or Snowmobile. The card should be on your person or in the vehicle and shown upon demand to a law enforcement officer. Registration Bureau Main Office 251 Causeway Street, Suite 101 Boston, MA Phone: Fax: /09 B:3

4 Appendix B-1 Boat Registration and Titling Registering and titling Boats in Massachusetts: 1. Am I required to register my boat? State law requires the registration of any boat that is powered by a motor and operated on public waterways in Massachusetts. Registration is required even if the motor is not the primary means of propulsion for that boat. Some examples of boats that require registration include fishing boats with motors, recreational motorboats, canoes or sailboats that use motors (including electric motors), and personal watercraft such as Jet Skis or wet bikes. Boats exempt from registration requirements include those that do not use motors and documented vessels (large boats that are issued a marine document and registration through the U.S. Coast Guard). Vessels used solely by a city, county, state or federal agency will be issued a certificate of registration and number at no charge. 2. Do I need to apply for a certificate of title? All boats 14 feed or greater in length that are designed for use with a motor, or that use a motor at any time, must be titled. For example, sailboats 14 feed or longer with a backup motor in use or sailboats designed for use with a backup motor, must be titled. Even canoes 14 feet or longer that use a motor of any type must be titled. Boats exempt from titling requirements include U.S. Government-owned vessels; federally documented vessels; boats used solely for demonstration, testing, sales, or promotional purposes by a dealer or manufacturer; and boats registered in another state which are not located in the Commonwealth for more than 60 consecutive days. 3. I haven t registered or titled my boat before. What should I do? In Massachusetts, initial registration and titling is done by filling out the department s registration application at any of five Registration offices. The boat owner must submit proof of ownership, a bill of sale, proof of payment of Massachusetts sales tax and the appropriate registration and/or title fees. For new boats, an original manufacturer s statement of origin (MSO) must be provided as proof of ownership. An MSO, title or previous registration can serve as proof of ownership for used boats. In order to complete the application, you must provide the vessel s Hull B:4

5 Appendix B-1 Boat Registration and Titling Identification Number (HIN) and the boat s year of manufacture, make and length. State law requires that the title application must be made and the sales tax paid within 20 days of purchasing a boat. The Division also stores information such as the engine manufacturer, serial number and horsepower for record keeping purposes. 4. What about registration renewal? Boat, ATV and Snowmobile owners will receive a registration renewal notice at least one month prior to the expiration of their current registration. For the quickest and most convenient service, mail it back in the enclosed return envelope along with a check or money order payable to the Commonwealth of Massachusetts. Be sue to write the registration number on the check. Alternatively, you may bring the renewal card and registration fee to any of the five registration offices. Be advised that registration office lines are often long during the peak registration season from April through August. For your convenience, registration renewals can now be done on the internet. Visit the new website: 5. Renewing an Expired Registration. When renewing an expired boat registration, two years will be added to the expired date. Although you may not have used the boat for a period of time, in order to keep the same registration number, back fees are required. However, if you do not mind the registration number being changed, you may renew for two years from the date of renewal. If you choose this option, please furnish us with a note authorizing the change in registration number. Don t forget to include a check or money order payable to the Commonwealth of Massachusetts. Also, please list your current registration number on the check. The above also applies when renewing expired ATV/Snowmobile registrations, except out of state residents will have only one year added to the expired date. 6. I made my own boat. What do I do about registration and titling? The owner of a homemade boat should contact the Environmental Police ( ) to schedule an inspection of the vessel by an officer (EPO). Homemade boats must be inspected to establish proof of ownership and to verify the description of the B:5

6 Appendix B-1 Boat Registration and Titling vessel. The inspecting officer will affix a State assigned Hull Identification Number (HIN) to the vessel and provide the customer with an inspection certificate that must be presented when registering the vessel. In addition, the applicant must submit a completed form provided by the Department of Revenue showing that sales tax on materials used has been paid (ST-6 or ST-6E). 7. What is so important about he Hull Identification Number? All Massachusetts boats must have an approved Hull Identification Number (HIN) in order to be registered and/or titled. The HIN is unique to each boat, which allows the full history of the vessel to be traced from the manufacturer forward. The HIN is designed so that tampering will cause clear and permanent damage to the boat s hull, so it is critical in all stolen boat investigations. A vessel shall not operate on the State s waters unless the vessel displays the assigned HIN affixed by the manufacturer as required by the U.S. Coast Guard, pursuant to Title 33 CFR, Part 181, Subpart C-manufacturer requirements, but DLE may issue HIN s for homemade boats and any manufactured vessel that does not have an assigned HIN. The number contains at least 12 characters and is permanently mounted or engraved on the upper right corner of the transom. Federal regulations require that the number is also placed in a second location with varies by manufacturer and model. 8. What do I do with the registration certificate, number and decal? The registration certificate is proof that the boat is registered. It also services as proof of ownership if the boat is not titled or documented. The registration certificate should be available for inspection on board the motorboat whenever it is in operation. The registration number is assigned when you register your boat for the first time. It should be painted or attached to each side of the forward half of the boat. It should read from left to right, be in block letters not less than three inches high, and contrast with the color of the boat s hull. The number consists of the letters MS followed by no more than four numbers and two capital letters. A two-inch space or hyphen must separate the letters and the numbers. The registration number is issued to the boat owner and not the vessel. Therefore, it can be transferred to different boats for a given owner, but it cannot be transferred to a new owner. The B:6

7 Appendix B-1 Boat Registration and Titling registration decal should be placed in line with and three inches to the stern of the registration number on the port side of the boat. The decal is issued with the initial registration and each registration renewal; it indicates the month and year that the registration expires. 9. How long are the registrations and title good for, and how much do they cost? Title Certificates cost $25. This is a one-time charge. A boat registration certificate is valid for two years from the date of issuance. Cost is based on the length of the vessel: Under 16, $40; 16 to 26 $60; 26 to 40 $80 and 40 + $100. Other related costs: Duplicate Registration $10 and Duplicate Title $ I live in another state but sometimes boat in Massachusetts. Do I need to register and title my boat? Visiting boat owners who are registered in anotherstate are allowed to boat in Massachusetts for up to 60 consecutive days without obtaining a Massachusetts registration and title certificate. 11. What should I do if I am buying or selling a boat? In order to execute a boat transaction, the following items are necessary: a) Bill of Sale, b) 12-character serial number (HIN) pencil tracing c) Proof of payment of Massachusetts sales tax d) A completed application e) Appropriate fees f) Title from seller if applicable. Massachusetts sales tax is now payable online. For more information visit the Department of Revenue website: or call What should I do if I lose my registration or title? If your registration or title certificate is lost, destroyed, or mutilated, you can apply for a duplicate. Cost: Duplicate Registration $10 and Duplicate Title $15. Just fill out the proper form and mail to the nearest registration office with appropriate fee. Duplicate registration does not come with a decal. Decal replacement cost is $5 and the request must be mailed with the explanation as to the reason a duplicate decal is being requested. B:7

8 Appendix B-1 Boat Registration and Titling 13. What if I am in a boating accident, or my boat is stolen? The operator of a vessel is required to submit a written report to the Division of Law Enforcement s Bureau of Boating and Recreational Vehicles whenever an accident results in: a. the death of a person b. the disappearance of a person under circumstances which suggest any possibility of death or injury c. Any injury requiring medical attention d. Property damage exceeding $500. Accidents resulting in death or serious injury must be reported within 48 hours. Other accident reports must be submitted within five days. If a boat is lost, stolen, abandoned, or destroyed, the owner must notify the Division of Law Enforcement in writing within 15 days. 14. Do I have to register my boat trailer? Boat trailers are registered under the same requirements as passenger cars. 15. Where can I take a boating safety course? Boating Safety Course instruction is administered through the Boating and Recreational Vehicle Education/Safety Bureau. To register for a course in your area, please contact the Bureau at or What are the age requirements for operating a jet ski? You must be 16 years of age or older. 17. I purchased my boat from a car dealer. Will I have any difficulty registering my boat? Car dealers that are not registered boat dealers must first title the boat in the car dealer s name before legally selling the boat. The car dealer must also pay a sales tax to the Department of Revenue before titling the boat. Once the car dealer has applied for and received the title from the state, the sale can be made. B:8

9 Appendix B-1 Boat Registration and Titling 18. Do I need insurance verification on my boat before I register it? The state of Massachusetts does not require insurance on a boat before registering. It is entirely up to the boat owner whether or not the boat is insured. 19. I have a small motorized tender to my Coast Guard documented or state registered vessel. Does this tender require a registration or can I label this boat Tender To? Any boat powered by an electric or gas motor must be state registered. Only ship lifeboats are exempt from registration 20. Can I keep the same registration number that the previous owner had on the boat? Each boat owner will get a new registration number assigned to their boat that is computer generated. The computer system does not allow for the same number to be utilized by two names. 21. I am a commercial fisherman and I want to register my fishing vessel in Massachusetts. What documents will I need to register my boat commercially? A copy of your valid Commercial Fishing License will be required along with the required documents needed to register a boat in Massachusetts; bill of sale, title or Coast Guard deletion letter, sales tax exemption from and a pencil tracing of the serial number on the transom of the boat 22. What is the procedure for renewing an expired registration? When renewing an expired boat registration, the computer will add two years to the expired date. Although you may not have used the boat for a period of time, in order to keep the same registration number, back fees will be necessary. If you do not mind the registration number being changed, you will be able to renew for two years from date of renewal. Mail in the appropriate fee, list the current registration number and a note authorizing the change of number in order to have registration go for two years form the date of renewal. When renewing ATV/ Snowmobile registrations, the same applies except out of state will only have one year added to the expiration date. Requesting a change of registration number can only be done in person or through the mail. Call any of the registration offices for assistance with this question. B:9

10 Appendix B-1 Boat Registration and Titling Other information: Vessel owners who move are required to notify DLE in writing within 15 days of an address change. The new address should be written on the registration certificate and sent to any of the Registration offices listed below. If you have any other questions about boat registration or titling, please feel free to call or write the nearest Registration office. Registration Offices: 251 Causeway Street, Boston, MA Liberty Street, Springfield, MA Southbridge Street, Worcester, MA South Main Street, Fall River, MA Perseverance Way, Hyannis, MA B:10

11 Appendix B-2 Camper and Trailers Camper/Trailer FAQs 1. Several years ago, I bought a good size utility trailer from a rent-a-trailer company that was going out of business. I have fixed it up by installing some carpeting on the floor and attaching some shelves and benches to the sides. Several times each summer, my wife and I use it to go camping. Now that the rules have changed, can we get a camper plate instead of a trailer plate? No. Only those vehicles meeting the definition of House trailers in Massachusetts General Laws Chapter 90 1 qualify for a camper plate. Although you made some minor modifications to the utility trailer, because it has neither a sink nor a bathroom facility, it fails to meet the requisite standard of having been permanently altered for human habitation. 2. Will my camper equipped with a portable toilet qualify for a camper plate? No. These facilities must be permanent. To meet the definition of an auto home or house trailer, the bathroom and sink facilities must be permanently affixed. 3. I own a house trailer with trailer plates. Do I have to switch to a camper plate? No. Under the new regulation, you have the option of displaying the trailer or camper plate on a house trailer. You may discover, however, that the camper plate would be a less costly registration choice depending on weight of your particular house trailer. 4. How do I register my newly purchased trailer? You ll need a signed and completed RMV-1 from your insurance agent, proof of ownership* from the seller and the applicable fees. Along with the completed RMV-1 application, you must submit one of the following documents: a) A certificate of Origin (new trailers only) or b) the previous owner s title, if a titled trailer, or c) a bill of sale, if a non-titled trailer. B:11

12 Appendix B-2 Camper and Trailers *An old registration or excise bill in the name of the seller may be used as proof of ownership or a Certificate of Title for the trailer may be used. An acceptable bill of sale for a trailer must list the following information: 1. Name and address of buyer, 2. Name and address of seller, 3. Date of Purchase, 4. Purchase price, and 5. Identification information (VIN, make, model and year) If the total gross weight of a trailer, the combined weight of the trailer and its cargo, is 3,000 lbs. or less, no title is required. If the total gross weight of the trailer is 3,001 lbs. or more, a title is required. The gross weight of a trailer is determined by the manufacturer and will appear on the trailers Certificate of Origin and on the trailer itself. B:12

13 Appendix B-3 Commercial & Private Commercial & Private 1. Why did the Registry set the upper limit at 1 TON class vehicles for trucks that may qualify for passenger plates? Anything larger than a 1 TON vehicle cannot be considered a light duty truck or van; beyond TON vehicles, there is the category of medium duty trucks and vans. Because the size of medium duty vehicles, it is justified to require absolutely a commercial plate. 2. A lot of different terms are used to describe weight in or on a vehicle. As applied to weight in pounds, what is the difference between vehicle weight, curb weight, GVWR, GVW, GCWR, registered gross weight, actual gross weight, 1/4 TON vehicle, 3/4 TON vehicle, and 1 TON vehicle? Vehicle weight is the actual un-laden weight of a vehicle. This is the weight standard used in the analysis whether a particular vehicle may have passenger plates. Vehicle Weight is also called Curb Weight. GVWR and GVW mean the same thing. They both stand for Gross Vehicle Weight Rating. This is a rating in lbs. assigned to a vehicle by the manufacturer. The GVWR is the manufacturer s weight when fully loaded to the maximum. It includes the weight of the vehicle plus the weight of the heaviest load it can carry. GVWR focuses on the weight of the vehicle and its capacity. GVWR can also apply to a trailer. A vehicle and a trailer have separate GVWR s. GCWR means Gross Combination Weight Rating. GCWR applies only when there is a vehicle/trailer combination. GCWR is obtained by adding together the vehicle s GVWR and the trailer s GVWR. B:13

14 Appendix B-3 Commercial & Private Registered Gross Weight is the vehicle weight plus the maximum intended weight any registrant expects to carry at one time. If a vehicle will never carry anything, the registered gross weight may simply be the weight of the vehicle. If a vehicle will be used to its maximum capacity, the registered gross weight will be the vehicle s GVWR or GCVR. Therefore, the registered gross weight will always fall somewhere between the vehicle s GVWR or GCWR, inclusive. However, it is up to the registrant to fix the registered weight depending on intended use. Only vehicles with commercial plates need to identify a particular registered gross weight. Only a commercial has a registered gross weight. Actual gross weight is the vehicle and the weight of its load at any actual point in time. Operating a vehicle whose actual gross weight exceeds its registered gross weight constitutes a violation of the law. 1/2 TON vehicles, 3/4 TON vehicles and 1 TON vehicles are descriptions put on a pick-up truck or cargo van by a manufacturer to describe the approximate maximum weight the vehicle can carry. E.G., a 1/2 TON vehicle can carry a load of about 1,000 lbs., a 3/4 TON vehicle can carry a load of about 1,500 lbs., and a 1 TON vehicle can carry a load of about 2,000 lbs. 3. A particular 3/4 TON pick-up truck, with a lot of add-on s, in and of itself, without any load on the vehicle weighs 6,000 lbs. The truck has only four wheels and is used exclusively for personal, recreational, or commuting purposes. The truck is owned by an individual, and has not business markings, may passenger plates be issued to the owner of this truck? Yes. It s a 3/4 TON vehicle. The weight of the vehicle is irrelevant for 1/2 TON, 3/4 TON, and 1 TON vehicles. See 540 CMR B:14

15 Appendix B-3 Commercial & Private 4. A man uses his 1 TON pick-up truck for personal, recreational, or commuting purposes 90% of the time. On Saturdays during the warm weather, he loads the bed of the truck with lawn mowers and conducts a small lawn mower business. He owns the truck individually; and there are no markings on it. The truck is now registered commercially. May this truck receive passenger plates? No. To get passenger plates, the bed of the truck must never be used to transport tools, materials, supplies, or equipment to or from a job site. The truck must keep the commercial plates. Also, because the truck is designated to carry a load of more than 1,000 pounds and is used, in part, to transport goods in connection with commercial business, it should have the owner s name of it. See 540 CMR An electrician carriers her tools and equipment in the bed of her pick-up truck. She is a payroll employee of a big corporation and has no electrical business on the side. She only uses the truck to commute, back and forth, from her home to job sites designated by her corporate employer. She owns the truck individually; the truck is registered for 5000 lbs.; and no markings are on the truck. May she receive passenger plates for her truck? No. 540 CMR 2.05 states, that where tools, supplies, materials, or equipment are being transported on the bed of a pickup to a job site, the vehicle requires commercial plates. The vehicle therefore needs commercial plates. 6. May an electrician travel to and from a job site in a 1 TON pick-up with passenger plates, if there are no markings on the truck, and there are no tools, materials, supplies, or equipment on the bed of the truck? Yes. B:15

16 Appendix B-3 Commercial & Private 7. A cargo van otherwise eligible for passenger plates owned by an individual woman and used by her to carry political signs for her father s reelection as a town select man. May the van receive passenger plates? Yes. Carrying political signs on a volunteer, non-paid basis is personal. There is no job site. The activity is neither for hire nor in connection with any employment or business. 8. A 1 TON pick-up truck otherwise eligible for passenger plates weights 6,200 lbs., and it pulls a 1,500 lb. Boat. May the truck receive passenger plates? Yes. The vehicle is a 1 TON vehicle. The vehicle weight of the 1 TON truck is irrelevant. See 540 CMR The trailer carrying the boat is registered separately by the Registry, and the boat trailer has its own separate registered weight. See 540 CMR A truck otherwise eligible for a passenger plate is used by a man to plow out the long driveway from the road to his mother s farmhouse. No payment is made. Is the truck eligible to receive passenger plates? Yes, since no payment is made. See 540 CMR A truck otherwise eligible for a passenger plate is used by a woman to plow the streets in her town for a fee about 3 or 4 times a years. She is paid by the town and operates under the general direction of the town public works department. May she receive passenger plates for the truck? No. She uses the truck for hire to plow, albeit only 1% of her operating time. See 540 CMR A paraplegic individual owns a 1 TON pick-up and uses the truck in his business. May the truck receive the special plate for the disabled? No. G.L. c. 90 s. 2. allows the issuance of this plate to an individual for use only on a pleasure passenger vehicle or a pick-up truck used exclusively for noncommercial purposes. He could get the special plate for the disabled on a 1 TON pick-up only if the truck were used exclusively for non-commercial purposes. See 540 CMR 2.05 B:16

17 Appendix B-3 Commercial & Private 12. May a business corporation providing company cars to its key employees register these cars with passenger plates? Yes, as long as there are no business markings on the vehicle. However, if business markings are on a company car, that car must have commercial plates. See 540 CMR If there are no markings, the use of a company car to take a customer or employee to lunch does not create the requirement for commercial plates. The use of a company car to travel from one job site to another does not create the requirement for commercial plates. 13. A pick-up truck otherwise eligible for a passenger plate has a so-called fifth wheel mounted in the bed of the truck, designed to accept a camper trailer. The truck is now commercially registered for only 4,000 lbs. If the truck never uses the fifth wheel to accept a trailer, may it get passenger plates? Yes. The prohibition is against over four wheels on the ground. There is no prohibition against the so-called fifth wheel designed to accept a trailer attachment, and therefore the pick-up could still get passenger plates even if it did use the so-called fifth wheel to accept the camper trailer. See 540 CMR A pick-up truck owned by an individual, has only four wheels and is used exclusively for personal, recreational, or commuting purposes; however it has been converted with a kit to accept a slide-on camper over the truck bed, and is actually used as such a camper for 3 months a year. When the slide on camper is on the truck, the total weight of the vehicle is 6,100 lbs. May it get passenger plates? At the outset it is clear that the vehicle may not get plates as a camper or auto home. G.L. c.90, s.1, requires by definition of auto home any vehicle permanently altered and equipped for human habitation (b) The vehicle may get passenger plates if it is a 1/2 TON, 3/4 TON, or 1 TON pick-up. Otherwise it must get commercial plates, as the vehicle weight is over 6,000 lbs. See 540 CMR B:17

18 Appendix B-3 Commercial & Private 15. May a pick-up truck otherwise eligible for passenger plates receive these plates if it has dual rear tires? No. The truck would then have six wheels. Only a vehicle with out more than four wheels on the ground qualifies for passenger plates. See 540 CMR May rent-a-car companies get passenger plates for their vehicles rented or leased for personal, commuting, or recreational use? Yes, provided that they are rented or leased at market rates. See 540 CMR A truck otherwise eligible for a passenger plate is used by a woman to plow the streets in her town for a fee about 3 or 4 times a years. She is paid by the town and operates under the general direction of the town public works department. May she receive passenger plates for the truck? No. She uses the truck for hire to plow, albeit only 1% of her operating time. See 540 CMR A paraplegic individual owns a 1 TON pick-up and uses the truck in his business. May the truck receive the special plate for the disabled? No. G.L. c. 90 s. 2. allows the issuance of this plate to an individual for use only on a pleasure passenger vehicle or a pick-up truck used exclusively for noncommercial purposes. He could get the special plate for the disabled on a 1 TON pick-up only if the truck were used exclusively for non-commercial purposes. See 540 CMR May clearly marked college police cruisers get passenger plates? Yes, as long as the vehicles are used solely for official police department business, and the officers are appointed as special police officers by the Commissioner of Public Safety. See 540 CMR B:18

19 Appendix B-3 Commercial & Private 20. A for-profit business runs a security company, patrolling the parking lot of its major client. On the sides of the security company sedan are markings Thor Security, Incorporated. May this sedan receive passenger plates? No. Given the markings on the business vehicle, commercial plates must be issued. See 540 CMR Must a salesman s car, with no markings on the sides, be registered with commercial plates? The salesman leaves his home in the morning, travels to several different business accounts, and then returns home at night. The salesman carries a briefcase and lap top computer with him in the front seat of the car. No. Passenger plates may be used. The travel from one business account to another, after the salesman leaves his home, does not create a requirement for commercial plates. Likewise, the presence of the briefcase and the lap top are not enough to warrant commercial plates. Unless the sales man is being specifically paid to transport the briefcase or lap top, passenger plates are authorized. 22. May passenger plates be issued to a pick-up which pulls a trailer with dual wheels on each side? If a pick-up otherwise qualifies, passenger plates may be issued even if it pulls a trailer with dual wheels on each side. There is nothing in G.L. c. 90, or in 540 CMR 2.05 which says anything to the contrary, unless there are job-related tools, materials, supplies or equipment on the trailer. If such jobrelated items are on any kind of trailer, commercial plates must be issued for the pick-up truck pulling that trailer. 23. Are commercial plates to be issued to an unmarked company car which transports clients, customers, or employees? No. A company car without business markings does not require commercial plates merely because it is used to transport a client, customer, or co-employee, incidental to the employer s general business. B:19

20 Appendix B-3 Commercial & Private 24. Acme Furniture Refinishing, a corporation, owns two pick-up trucks (one 1 TON and the other 2 TON) and a station wagon. The registered owner of all vehicles is Acme Furniture Refinishing and all are insured commercially. The station wagon never does deliveries and is used solely for commuting purposes by the company CEO. Both of the trucks display ACME Furniture signs. How should each of these vehicles be registered? The 1 TON pick-up truck should have a commercial plate due to ownership and signage. The 2 TON pick-up truck should also have a commercial plate due to ownership, signage and class of vehicle over 1 TON. The Station Wagon should have a private passenger plate due to vehicle type, use and lack of signage. 25. May a privately owned sedan with passenger plates be used by a part-time employee of a pizza shop to deliver pizza to people s homes? There is a temporary, Checkers Pizza electronic bill board on top of the roof. No. The sedan described needs commercial plates for two separate reasons: (1) The driver is specifically paid to transport pizza and pizza falls within the category of good and (2) there are business markings on the vehicle. See 540 CMR May the owner of the vehicle with a commercial insurance policy but used as a passenger vehicle apply for passenger plates? The type of insurance carried on a vehicle is not determinative of the classification of the vehicle for registration purposes. The answer to this question is yes, so long as the substantive standards for passenger plates are met. 27. A school teacher buys books for her professional library which she maintains at her school in her sedan, which she owns personally. On the sedan there are no markings. Are passenger plates authorized? Passenger plates are authorized. The regulation requires commercial plates when tools, materials, or equipment are being transported on the bed of a pick-up truck or cargo van or on the roof or sides of any vehicle. It was not intended to cover items on interior seats or in a car trunk. B:20

21 Appendix B-3 Commercial & Private 28. So, if a part-time carpenter only carries a few tools in the cab area of his pick-up truck or cargo van, and the bed remains empty, then passenger plates may be put on the pick-up or van. Is this correct? Yes, as long as there are no markings on the side of the truck or van and the truck or van is of the 1/2 TON or 1 TON variety and is used exclusively for personal or commuting use. However, if any tools are carried outside of the cab, commercial plates would be required. 29. If a payroll employee carries his employer s tools to job sites on the bed of his pick-up, must commercial plates be issued? Yes. Self-employment vs. payroll employment is irrelevant. 30. A non-profit corporation has a 1 TON cargo van. Commercial or passenger plates? Commercial plates. Corporate ownership (business or non-profit) of a pick-up truck or cargo van creates the requirement for commercial plates, unless the corporation leases the truck or cargo van to an individual at market rates. Any trust (business or non-profit) which owns and operates a pick-up or cargo van must get commercial plates. Any partnership which owns and operates has a pick-up or cargo van must get commercial plates. 31. A trust registers its cargo van in the name of John Jones, Trustee, may the van get passenger plates? No. Although John Jones is an individual, he has registered the cargo van in his capacity as trustee, reflecting trust ownership of the cargo van. Commercial plates must be issued, unless the trust leases the vehicle to an individual at market rates. See 540 CMR A corporation owns and registers a pick-up truck. A man shows a $ a year lease from the corporation to the individual, and wants passenger plates for the truck. May he get them? No. Commercial Plates are required because the lease is not at ordinary marketplace rates. B:21

22 Appendix B-3 Commercial & Private 33. A major health maintenance organization, which is a not-for-profit company, has its name, address and telephone number on the sides of its fleet of company cars. May it get passenger plates? No. Assuming the company s personal property is not exempt from taxation under M.G.L. c. 59, s.5, cl. Third or Tenth, the markings on the sides of the vehicles are considered business markings, and therefore commercial plates are required. See 540 CMR What about a church or charitable organization? If the personal property of the church or charity is exempt from taxation under M.G.L. c. 59, s.5, cl. Third or Tenth; and the markings are limited to the name, address, telephone number and logo of the church or charity; and the automobile meets all other conditions for a private passenger vehicle, then it can display passenger plates despite the markings on the sides since, in this limited circumstance, the markings are not considered business markings under 540 CRM The company name has Inc, Corp, LLP, or Co. after it. Does this mean the business is incorporated? No. Some businesses use these or similar words or letters as part of their DBA name. The presence of those letters after a business name does not prove incorporation. The only way to verify incorporation is to look at the Secretary of the Commonwealth s website and see if the business name is listed there. 36. Can a sole proprietor or general partnership ever own a vehicle in Massachusetts under its business name? No. The only way for a sole proprietorship or general partnership to own a vehicle in Massachusetts under a business name is for them to incorporate. Once they do so, the business becomes a corporation, and is no longer a sole proprietorship or general partnership. Once that is done, however, the business may then own vehicles under the business name. Proof of FID and incorporation will be required. B:22

23 Appendix B-3 Commercial & Private 37. A vehicle is being purchased by a business no incorporated in Massachusetts. If it s not already on the RMV database, can the FID be added to the RMV database? Can I register or title the vehicle to this business? The RMV can add the FID to the RMV database when proper proof of FID has been submitted and the company s name appears on the SOC website (RMV Business Support will verify SOC). Businesses that are incorporated in another state do not need to be incorporated in MA simply to do business here, but they do need to be registered with the SOC as a foreign corporation. Such businesses, if they are registered properly with the SOC, will appear on the SOC website. B:23

24 Appendix B- 4 Commercial Driver Requirements FAQ - Commercial Driver Requirements 1. I heard there is a new requirement for people who wish to obtain or who currently hold a commercial driver s license? Yes. Everyone who wishes to obtain or who currently holds a Commercial Driver s License (CDL) will need to inform the RMV of the type of commerce they plan to operate within (interstate or intrastate) and whether or not they are required to hold a medical certificate. This notification is called self-certification. Those drivers required to have a DOT medical certificate, or have a medical variance from the federal government or a state medical waiver, will also need to provide the RMV with a copy of this paperwork. Those drivers who are not required to obtain a medical certificate will need to submit an Exemption Form signed by their employer. This form will be available on the RMV web site. 2. Why is this new requirement called self-certification? It is called self-certification because the driver, alone, needs to determine the self-certification category they fall into based on their driving information. 3. When do I need to Self-certify and provide the RMV with a copy of my medical certificate, exemption document, variance, or waiver? New CDL applicants will need to self-certify and provide medical documentation before being issued a permit. IF you currently hold a CDL, you will need to complete your certification if you renew or upgrade your CDL between Spring 2012 and January 30, If your license does not expire until after January 30, 2014, then you will need to provide us with your self-certification information and a copy of your documentation prior to this date. You will be able to self-certify in the RMV branch or via an on-line transaction in spring of Do I need to submit all nine (9) pages of the Medical Examination Report? No, you only need to provide the completed one-page Medical Examiner s Certificate. B:24

25 Appendix B- 4 Commercial Driver Requirements This is the final page of the full Medical Examination Report singed by the Medical Provider. 5. Will I still have to carry my medical certificate with me? You will need to carry your medical certificate with you until January 30, After that date, you will no longer need to carry it. 6. Am I affected by the new requirement if I operate a commercial motor vehicle that does not require me to have a Commercial Driver s License CDL? No, if you operate a commercial motor vehicle that is over 10,000 lbs and less than 26,00 lbs with a Class D license, you are not required to self-certify. However, if you are required to hold a medical certificate, you must continue to carry it with you. 7. What is the difference between interstate and intrastate commerce? Interstate commerce if trade, traffic, or transportation involving the crossing of a state boundary. Either the vehicle, its passengers, or cargo must cross a state boundary, or there must be the intent to cross a state boundary to be considered an interstate carrier. Intrastate commerce is trade, traffic or transportation within a single state. If your operations include interstate commerce, you must comply with the applicable federal safety regulations and operating authority rules, in addition to state and local requirements. You must notify the state in which you plan to register your vehicle(s) of your intention to operate in interstate commerce to ensure that the vehicle is properly registered for purposed of the International Registration Plan (IRP), and the International Fuel Tax Agreement (IFTA). The base state will help you by collecting the appropriate fees and distributing a portion of those fees to the other states in which you operate commercial motor vehicles. B:25

26 Appendix B- 4 Commercial Driver Requirements If you operate exclusively in intrastate commerce, you must comply with applicable state and local regulations. The only federal regulations that are applicable to intrastate operations are: The Commercial Drivers License (CDL) requirement, for drivers operating commercial motor vehicles as defined in 49 CFR 383. Controlled substances and alcohol testing for all persons required to possess a Commercial Driver s License. Minimum levels of financial responsibility for the intrastate transportation of certain quantities of hazardous materials and substances. 8. How many self-certification categories are there? There are four (4) different categories you may fall into as a CDL driver. The category you choose depends on whether you operate in interstate or intrastate commerce and whether or not you are required to have a medical certificate or are exempt. Non-excepted interstate (NI) - You operate or expect to operate in interstate commerce, and are subject to meet federal qualification requirements (Title 49, ) Excepted Interstate (EI) - You operate or expect to operate in interstate commerce, but engage exclusively in transportation or operations that are expected from all or parts of the federal qualification requirements, and are therefore not required to obtain a medical examiner s certificate. Non-excepted Intrastate (NA) - You only operate in intrastate commerce and are subject to State driver qualification requirements and are required to obtain a medical examiner s certificate. Excepted Intrastate (EA) - You operate in intrastate commerce, but engage exclusively in transportation or operations excepted from all or parts of the State driver qualification requirements, and are therefore not required to obtain a medical examiner s certificate. B:26

27 Appendix B-4 Commercial Driver Requirements 9. What if I don t normally operate in interstate commerce but meet the qualification to do so? You should self-certify at the highest standard for which you qualify. NI is the broadest category and the one you should select if you meet the criteria, even if you currently do not consider yourself an interstate driver. 10. Can you provide examples for each of the categories? Following are the types of drivers that may fall into each category: Non-excepted Interstate (NI) - All Class A, B or C privately or self-employed commercial drivers who operate or expect to operate in interstate commerce and are subject to meet the federal medical standard and therefore are required to obtain a medical examiner s certificate. Excepted Interstate (EI) - º º City, municipal, or state employed CDL holders º º Beekeepers º º Transporters of human corpses or sick and injured persons º º Fire truck or rescue vehicle drivers during emergencies or other related activities Non-excepted Intrastate (NA) º º Drivers years of age with a K restriction associated with their license to operate º º Drivers 21 and over with a W restriction associated with their license to operate Excepted Intrastate (EA) - Same examples as Excepted Interstate except only engaging in Intrastate commerce See the Medical Self-Certification policy on the RMV web site for a more extensive list of examples. B:27

28 Appendix B-4 Commercial Driver Requirements 11. How do I know if I need to have a DOT medical certificate? To qualify for a Commercial Driver s License (CDL) in Massachusetts, you must pass a Department of Transportation (DOT) medical examination. Medical examiner s certificates are valid for no more than two years. Some medical conditions may require you to have a physical examination more frequently. 12. What if I do not meet the physical qualifications required? If you do not meet the vision or diabetes physical qualification standards, or have a loss or impairment of limbs, you may be able to satisfy alternative physical qualifications or quality for an exemption with the Federal Motor Carrier Safety Administration (FMCSA). Additional information can be found on the FMCSA web site. 13. What if I can t meet the medical qualifications for interstate commercial operation? If you do not meet the medical qualifications for commercial motor vehicle (CMV) interstate commercial operation, you may qualify for an intrastate medical waiver through the Registry of Motor Vehicles. This waiver permits operation of a CMV used in Massachusetts intrastate commerce only. Intrastate medical waiver applications and information may be accessed by clicking here. 14. Why did my employer tell me that I do not need to have a DOT medical certificate even though I drive a commercial vehicle? Most city, municipal and state employed commercial drivers are not required to obtain a medical certificate. The same is true for beekeepers who operate commercial vehicles. However, this is only if you drive exclusively for a municipality or state agency. In lieu of a medical certificate, Massachusetts requires you to submit an Exemption document for EI or EA self-certification categories. Your employer will need to sign an Exemption document in order for you to self-certify. 15. What if I work for a city or state agency but also plow in the winter for a contractor in my town? In this case, you would need to have a medical certificate if you are operating a commercial vehicle over 10,000 lbs. Also, drivers transporting 15 or more passengers or carrying placarded hazardous materials, regardless of vehicle size, are required to carry a DOT medical certificate. B:28

29 Appendix B-4 Commercial Driver Requirements 16. I m not currently driving a CDL vehicle or employed as a CDL driver. Do I still need to self-certify? Yes, if you would like to keep your CDL, you must selfcertify. Otherwise, you may choose to downgrade to a Class D license. Drivers cannot keep a CDL without self-certifying. 17. What if I fail to provide the required information? Failure to provide your selfcertification information and a copy of your medical certificate, if you require one, by January 30, 2014 will result in the downgrading of your commercial driver license (CDL). You will receive notice from the RMV reminding you to self-certify by the required date. 18. Can I provide my information to the RMV prior to that date? Yes, in Spring 2012 you will be able to self-certify in an RMV branch on on-line. 19. How often do I need to provide the RMV with my self-certification information? Self-certification is tied to the expiration date of your medical certificate, so at least every two years. If you are not required to hold a medical certificate, then you will self-certify every two years. 20. How will I know when I need to re-certify? After your initial self-certification, you will receive a reminder letter when your self-certification is due to expire. Notices will be sent to the address we have on record 90 days and 30 days prior to the expiration date. If you do not re-certify by the expiration date, you will no longer be authorized to operate a vehicle requiring a commercial driver license (CDL). 21. If I do not re-certify, what will happen? If your updated information is not received within 60 days after the expiration date on record: 1. The RMV will downgrade you to a Class D license which will be mailed to you. 2. A $25.00 license amendment fee will be posted on your driving record to be collected at the time of your next license transaction. B:29

30 Appendix B-5 Dealer Information Dealer Information 1. How do I become a Licensed Dealer? Who do I call at the Registry? The RMV does not license Automobile Dealers. Massachusetts General Law grants licensing authority to the cities and towns. Contact the local city/town licensing board. 2. Who is eligible to request DRT-1 forms? Massachusetts licensed Dealers only. 3. How do I get DRT-1 forms? What do I need? DRT-1 forms may be obtained from the Registry, the Massachusetts Independent Automobile Dealers Association (MIADA) or the Massachusetts State Automobile Dealers Association (MSADA). Obtain an application form by calling the RMV at or contact MIADA or MSADA. Complete the application and FAX/mail it, including a copy of the Dealer s license, if required. 4. The application says that I must record the Control Number in the Used Car Dealer Record Book. Where can I get the Record Book? There is a Control Number printed in red on the upper right on every DRT-1 form. This number must be recorded on the corresponding page of the Used Car Record Book for each DRT-1 used. Record Books, approved by the RMV are available at the wholesale auctions and from the Massachusetts Independent Automobile Dealers Association (MIADA) and the Massachusetts State Automobile Dealers Association (MSADA). 5. A Dealer purchases a car with a Rhode Island title. There is an unused reassignment available on the title, but it says: For use by Rhode Island Licensed Dealer Only. Does the dealer need a DRT-1 to sell the car? No, the Dealer should use the open space on the back of the title. B:30