Code of Massachusetts Regulations
302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION
Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules
Section 11.02 - Definitions
The following words and phrases, when used in 302 CMR 11.00, shall have the meanings respectively ascribed to them in 302 CMR 11.00, except in those instances where the context clearly indicates a different meaning or is otherwise stated.
Whenever any word and phrase used in 302 CMR 11.00 is not defined in 302 CMR 11.00, such word or phrase shall be construed according to its generally accepted meaning as noted in a dictionary of general usage.
ADT. Average daily traffic, which is the general unit of measure for traffic on a highway; it is the total volume during a given time period (in whole days), greater than one day and less than one year, divided by the number of days in that time period.
Ban. The prohibition, resulting from violations of rules and regulations applicable to conduct on DCR property, of a person from DCR property, for a period of time longer than that associated with an eviction.
Basin. The Charles River Basin.
Bicycle. A two wheel non-motorized vehicle designed to be used both on and off paved surfaces and over unimproved terrain.
Bicycle Lane. That portion of a roadway that is designated in such a way as to alert all road users that a portion of the roadway is for exclusive use by bicyclists and riders of electric bicycles, including lines, symbols, and signage demarcating the exclusive area.
Boulevard. Any roadway, parkway, way or any portion thereof, under the jurisdictional care, custody or control of DCR, between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be open and used for vehicular traffic by the public on a public way, including vehicular and/or pedestrian, bicycle, electric bicycle, or other DCR approved traffic.
Breakdown Lane. A paved lane on a way to the right of the travel lanes and separated from them by a solid line.
Bridge. A structural passage over water or land for pedestrian and/or vehicular traffic.
Bus. A vehicle designed for carrying more than eight passengers or more than two special needs persons, and used primarily for the transportation of persons for compensation, as a service, or as an adjunct to a school program or other organized group.
Bus, Streetcar, Trackless Trolley Stop . An area in the parkway to the curb or edge of the parkway set aside for the boarding of or alighting from designated buses, streetcars, or trackless trolleys.
Charles River Basin. The Charles River Basin as defined by St. 1909, c. 524, as amended by St. 1962, c. 550, and includes the Charles River and its tributaries lying between the Watertown Dam and the Charles River Dam which is located between the Leonard P. Zakim Bunker Hill Memorial and North Washington Street Bridges; and the Mystic River Basin as defined by the Upper Mystic Lake Dam at the upstream end and the Amelia Earhart Dam at the downstream end and includes the Mystic River, the Amelia Earhart Dam and its tributaries.
Citation. Notice of any violation of 302 CMR 11.00 duly issued by a law enforcement official, DCR Ranger, District Forest Fire Warden, Forest Fire Patrolman, or other DCR personnel which may result in a fine.
Commercial Vehicle. Any vehicle legally registered under appropriate state or federal laws or regulations, for commercial purposes, bearing valid commercial vehicle number plates with a "commercial" designation issued by the Massachusetts Registrar of Motor Vehicles, M.G.L. c. 90 or an equivalent number plate, or a trailer attached to a commercial vehicle, used primarily for the transportation or delivery of goods, wares, merchandise or equipment, or designed and used for the delivery of utility services or for field services related to the maintenance/repair of buildings and operated by a legally licensed operator with a valid commercial license and valid insurance including, but not limited to, apportioned vehicle, hearse, livery vehicle, taxi, official emergency vehicle, or government vehicle.
Commissioner. The Commissioner of the Massachusetts Department of Conservation and Recreation (DCR) or his or her designee.
Construction Activity. Any activity conducted on DCR property including, but not limited to, DCR roads, boulevards, parkways, sidewalks and lands, for which a construction and access permit issued by the Department is required. Construction activity may include, but is not limited to, excavation, digging, or the opening of any surface of DCR property, whether such work is to be conducted by a private party, a commercial entity, government agency, government body or its agent.
Crosswalk. The point or portion of a roadway, parking area, or other location on DCR property, ordinarily included within the extensions of the sidewalk lines, or, if none, then the footpath lines, or areas, at any place in a roadway, clearly indicated for safe pedestrian crossing of vehicular flow so indicated by markings on the road surface, other markings, signs, cobblestones, audibles, tactile, or the use of other contrasting surface materials.
Curb Loading Zone. A space adjacent to a curb reserved or designated by markings, signage, or other method indicating the exclusive use of vehicles during the loading or unloading of materials.
Curb Marking. That portion of a curb, the painting of which has been authorized by the Commissioner or his or her designee, and which serves as a supplementary warning of a parking restriction. Curb markings alone shall not be construed to be adequate warning for the purpose of enforcement.
DCR or the Department. The Massachusetts Department of Conservation and Recreation.
DCR Personnel. A person designated by the Commissioner to be responsible for the supervision, operation, protection and maintenance of a specifically designated DCR property.
DCR Property. Property, real or personal, in which the DCR has a legal interest including property under the care, custody, or control of the DCR. Such property may include, but is not limited to, grassland, reservations, parks, forests, beaches, tidelands, pools, skating rinks, golf courses, campgrounds, rail trails, bike trails, forest roads, forest ways, ponds, lakes, parking areas, trailheads, parkways, boulevards, roadways, facilities, and structures.
DCR Ranger or Ranger. Any person duly appointed by the Department to perform the duties of a DCR ranger pursuant to M.G.L. c. 92, § 34B or M.G.L. c. 132A, § 7A.
Double Parking. Stopping, standing or parking a vehicle alongside or opposite a vehicle or other object which is parked at a curb or on a DCR roadway or other DCR property when stopping, standing or parking would obstruct traffic.
Driveway. (see Boulevard, Parkway or Roadway as defined in 302 CMR 11.02).
Electric Bicycle. A two- or three-wheeled vehicle that is equipped with fully operable pedals, a seat or saddle for the rider and an electric motor of no more than 750 watts, and is a Class 1, Class 2 or Class 3 electric bicycle.
(a) Class 1 Electric Bicycle. An electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches or exceeds 20 miles per hour.
(b) Class 2 Electric Bicycle. An electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches or exceeds 20 miles per hour.
(c) Class 3 Electric Bicycle. An electric bicycle, other than a Class 1 electric bicycle, equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches or exceeds 28 miles per hour.
Emergency Area. Any roadway, service way, gate, or other DCR property used by a police department, fire department, ambulance or first responders, or Department employees for purposes of access or egress.
Emergency Artery. Any roadway or other DCR property designated as such by the Commissioner.
EOEEA. Executive Office of Energy and Environmental Affairs.
EPO or Massachusetts Environmental Police Officer. A police officer of the Office of Law Enforcement, within the Executive Office of Energy and Environmental Affairs, with the authority to enforce all DCR regulations and Massachusetts laws, on DCR property and DCR roadways.
Eviction. A type of enforcement whereby a person in violation of a DCR regulation or other Massachusetts or U.S. law or regulation is ordered to leave DCR property for a period of time.
Excavation. Any digging or opening into the surface of DCR property.
Gate - Access Area. A gate or opening or other structure which serves to mark an access or egress point at a DCR roadway or other DCR property.
Government Vehicle. Any vehicle registered to a city, town, or county in the Commonwealth of Massachusetts, or registered as a state vehicle of the Commonwealth of Massachusetts itself or to any official agency or agent thereof, registered to any other state, state official or agency of the United States, or registered to the federal government of the United States or a federal official or agency thereof. These vehicles must bear distinctive license plates displaying all current and proper indication of the vehicle's use as a government vehicle in order to be considered exempt from DCR parking regulations referred to in 302 CMR 11.00.
Intersection. The area embraced within the extensions of lateral curb lines or, if none, then the lateral boundary lines, of intersecting ways, as defined in M.G.L. c. 90, § 1, including divided ways.
Lane or Travel Lane. A longitudinal division of a DCR roadway of sufficient width to accommodate the passage of a single line of vehicles, whether or not the bounds of the lane are indicated by pavement markings or longitudinal construction joints.
Law Enforcement Officer/Official. Any government law enforcement official or officer, including, but not limited to, the following: DCR ranger, district forest fire warden, district forest fire patrolman, environmental police officer, Massachusetts state police officer, municipal police officer, other municipal law enforcement official, U.S. government law enforcement officer or official, Massachusetts county law enforcement officer or official, or any other qualified individual to whom the Department may designate authority and duties that are the same or similar to those positions listed in 302 CMR 11.02: Law Enforcement Officer/Official.
Live Parking. The standing of an occupied vehicle.
MEPA. The Massachusetts Environmental Policy Act, M.G.L. c. 30, §§ 61 through 62I, and its implementing regulations at 301 CMR 11.00: MEPA Regulations.
Metered Parking. Parking at any device placed or erected on any roadway for the regulation and control of parking including, but not limited to, multi-space meters, pay-and-display machines, and single parking meters.
Motor Vehicle. Has the same meaning as "motor vehicles" set out in M.G.L. c. 90, § 1.
Motorized Conveyance. Any conveyance powered by a motor, other than a motor vehicle. For purposes of 302 CMR 11.00, an Electric Bicycle, as defined in 302 CMR 11.02, is not a Motorized Conveyance.
Obstruction.
(a) Any fixed object, such as, but not limited to, a fence, post, pole, wall, ditch, or any movable object such as, but not limited to, a gate, barrel, tank, motor vehicle or truck whether registered or unregistered, temporary structure of metal or wood, or other physical barrier which might prevent pedestrian or vehicular access including, but not limited to, firefighters or firefighting equipment or any other emergency or other vehicle traffic;
(b) Standing, stopping or parking a vehicle as to obstruct pedestrian or vehicular access to any Department of Conservation and Recreation street, roadway, parkway, service way, gate or property.
Operate. To ride in or on, and be in actual physical control of the operation of any vehicle or vessel.
Operator. An individual who operates, drives, controls or otherwise has charge of or is in actual physical control of a mechanical mode of transportation, or any other mechanical equipment or vehicle.
Park or Parking. The stopping or standing of a vehicle, whether occupied or not, except a vehicle is not parked if it has stopped temporarily because its movement is obstructed, or the operator is lawfully engaged in loading or unloading passengers or materials, or the operator is following the direction of a law enforcement officer, DCR ranger, DCR personnel, traffic signs, traffic signals, is making emergency repairs, or it is a disabled vehicle and arrangements are being made to remove such vehicle.
Parking Area or Parking Lot. Any DCR property or part thereof, designated, and/or posted, marked, or directed by DCR personnel, DCR ranger or other law enforcement official, to be used for the stopping, standing or stationing of parked vehicles, in accordance with all applicable Massachusetts laws and regulations.
Parking Violation. A written notice issued by a DCR ranger or other authorized law enforcement official that shall record the occurrence and fine involved due to a person's actions in violation of one or more DCR parking rules or regulations in 302 CMR 11.00. (See also 302 CMR 11.02: Citation .)
Parkland. All areas within DCR property including, but not limited to, grass, dirt, or other unpaved areas. (See also 302 CMR 11.02: DCR Property.)
Parkway. Any boulevard, roadway, way or any portion thereof, under the ownership or jurisdictional care, custody or control of DCR, between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be open and used for vehicular traffic by the public on a public way, including vehicular and/or pedestrian, bicycle, pedal-assist electric bicycle, or other DCR approved traffic.
Passing Zone. That portion of a DCR roadway in which a vehicle lawfully may proceed past the left side of another vehicle traveling in the same direction as the passing vehicle.
Pedestrian. Any person afoot or riding on a human-powered conveyance other than a bicycle or tricycle.
Permit. A duly issued, written, fully revocable license from DCR authorizing a permittee to engage in uses or activities on DCR property that are otherwise prohibited, restricted, or regulated.
Person. Any individual, corporation, firm, partnership, company, association, trust, or other business or nonprofit organization; any agency, department, board, commission, quasi public agency or authority of the Commonwealth; and any Federal, municipal, or regional governmental or intergovernmental agency, department, board, commission, authority, or other entity, or any combination of individuals or entities including, but not limited to, those listed above, their agent, trustee, executor, receiver, assignee, or other representative thereof.
Pleasure Vehicle. A vehicle used for personal, recreation, or commuting purposes which has a vehicle weight rating or curb weight of 6,000 pounds or less as per manufacturer's description of said vehicle or is a sport utility vehicle or passenger van; or which is a pickup truck or cargo van of the 1/2 ton, 3/4 ton, or one ton class as per manufacturer's description of said vehicle; or which is a vehicle used solely for official business by any college or university police department whose officers are appointed as special police officers by the colonel of the state police under M.G.L. c. 22C, § 63.
Post or Posting. To display in a place of public view in electronic or printed form.
Project. Any work or activity undertaken by a Person.
Railroad Crossing Including Street Railways. Any intersection of ways with a railroad right of way.
Removal. A type of enforcement that requires a person in violation of a DCR regulation or other Massachusetts or U.S. law or regulation on DCR property or roadways to exit DCR property immediately for a temporary period of time. Authorized DCR personnel or authorized law enforcement officials may notify said person and take efforts to enforce forthwith.
Roadway. Any boulevard, parkway, way or any portion thereof, under the ownership or jurisdictional care, custody or control of DCR, between regularly established curb lines or that part, exclusive of shoulders, improved and intended to be open and used for vehicular traffic by the public on a public way, including vehicular and/or pedestrian, bicycle, electric bicycle, or other DCR approved traffic.
Rotary Traffic. The counter-clockwise operation of a vehicle around a traffic island or other structure in a DCR roadway.
Roundabout Traffic. The counter-clockwise operation of a vehicle around a traffic island or other structure in a DCR roadway.
Section 61 Finding(s). The findings issued by the Department pursuant to the Massachusetts Environmental Policy Act (MEPA).
Service Way. See302 CMR 11.02: Boulevard , Roadway or Parkway.
Shoulder. That part of the surface of a DCR roadway lying outside the travel ways.
Sidewalk. That portion of a DCR property or DCR roadway typically for pedestrian use.
Sign. A sign, lights, signal, barrier, marker, marking, cone, barrel, or similar device or indicator, whether the means of display or indication is mechanical, electrical, acoustical, or another means, that DCR uses or causes to be deployed for the purpose of regulating traffic, parking or other activity on a roadway.
Special Use Permit. A written agreement that authorizes a person to engage in uses of or activities on DCR property on a specific date and time, which uses exceed in any way the common use of DCR property, or that are otherwise prohibited, regulated or restricted.
Stand or Standing. The halting of a vehicle, whether occupied or not, on a DCR roadway or DCR property, other than for the purpose of, and actually engaged in receiving or discharging passengers on DCR property.
Stop or Stopping. Any halting of a vehicle on a DCR roadway or other DCR property, even momentarily, whether the vehicle is occupied or not. When necessary, a driver may be required to stop by order of a DCR ranger or other authorized law enforcement official, or in compliance with a traffic control signal or device or to avoid conflict with other traffic for public safety.
Street. See302 CMR 11.02: Boulevard , Parkway or Roadway.
Substantial Increase in or Impact on Traffic. A Project that meets or exceeds any of the following thresholds:
(a) generation of 2,000 or more new ADT on Parkways providing access to a single location;
(b) generation of 1,000 or more new ADT on Parkways providing access to a single location and construction of 150 or more new parking spaces at a single location;
(c) construction of 300 or more new parking spaces at a single location; or
(d) creation of a change in the type, pattern, or timing of traffic that is determined by DCR to generate a significant impact on traffic flow and safety. For the purposes of Substantial Increase in or Impact on Traffic, "new" means ADT or parking spaces generated by a project above and beyond the ADT or parking spaces in existence as of the time of the Construction and Access Permit application.
Taxi, Taxi Cab or Cab. A motor vehicle bearing a valid number plate with a "taxi" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number plate. Motor vehicles in active use for ride-sharing services shall also be included in Taxi, Taxi Cab or Cab.
Trackless Trolley. See "trackless trolley" as defined in M.G.L. c. 90, § 1.
Traffic. Pedestrians, bicycles, electric bicycles, ridden or herded animals, vehicles, buses, street cars, trolleys and other conveyances, either singly or together, while using any DCR property, roadway, boulevard or parkway, for the purpose of travel or recreating.
Traffic Control Signal or Device. Any sign, signal, marking or other device, used on DCR property or roadways, boulevards or parkways to regulate, warn, guide or otherwise control or regulate traffic or parking, whether by using colored lights whereby traffic may alternately be directed to stop, slow, use caution, turn, or proceed in any particular direction. Such indications may be manual, electronic, mechanical, or acoustic.
Trail. An established and designated linear path or route designed and maintained for recreational activities.
Trailer. See "trailer" as defined in M.G.L. c. 90, § 1.
Travel Lane. Means 302 CMR 11.02: Lane .
Vehicle. Every device in, upon or by which any person or property is or may be transported or drawn upon DCR roadways, boulevards, parkways or other DCR property.
Way. Any public highway, private way laid out under authority of statute, dedicated to public use, or a way under the control of DCR and defined in 302 CMR 11.02: Roadway, Boulevard or Parkway.
Weather Emergency. Any threatening weather conditions, as determined by the Commissioner or his or her designee.
Yield. Any vehicle shall allow a pedestrian to cross a roadway within a marked crosswalk, and an operator shall not pass any other vehicle which has slowed or stopped to permit a pedestrian to cross at a marked crosswalk. Yield the right-of-way when posted by a sign means that the operator of a vehicle shall bring the vehicle to a complete stop before entering the posted intersection or area. Yield does not apply if the driver of a vehicle approaching a "Yield" sign is able to enter the posted intersection or area safely without causing interference or harm to approaching vehicular or pedestrian traffic.
