(4)
Definitions. The
definitions in
310 CMR
7.00 apply to
310
CMR 7.41 unless otherwise defined in
310
CMR 7.41(4). Where a term
defined in
310 CMR
7.00 also appears in
310
CMR 7.41, the definition in
310
CMR 7.41 is applicable for the purpose of
310
CMR 7.41.
Backup Vehicle. A self-propelled motor
vehicle designed for on-highway use that is used intermittently to maintain
service during periods of routine or unplanned maintenance, unexpected vehicle
breakdowns, or accidents but is not used in everyday or seasonal
operations.
Broker. A person who has broker
authority from the Federal Motor Carrier Safety Administration and, for
compensation, arranges or offers to arrange the transportation of property by
an authorized motor carrier. A motor carrier, or an employee or bona fide agent
of a carrier, is not a broker when it arranges or offers to arrange the
transportation of shipments which it is authorized to transport and which it
has accepted and legally bound itself to transport.
Common Ownership or Control. Being
owned or managed day to day by the same person. Vehicles managed by the same
directors, officers, or managers, or by corporations controlled by the same
majority stockholders are considered to be under common ownership or control
even if their title is held by different business entities. Common ownership or
control of a federal government vehicle shall be the primary responsibility of
the federal government unit that is directly responsible for its day to day
operational control.
Corporate Parent. A business that
possesses the majority of shares in another business, which gives them control
of the other business' operational procedures.
Dispatched. Provided direction or
instruction for routing a vehicle(s), whether owned or under contract, to
specified destinations for specific purposes including, but not limited to,
delivering cargo, passengers, property or goods, providing a service, or
assisting in an emergency.
Emergency Vehicle. Any publicly owned
vehicle operated by a peace officer in performance of their duties, any
authorized emergency vehicle used for fighting fires or responding to emergency
fire calls, any publicly owned authorized emergency vehicle used by an
emergency medical technician or paramedic, or used for towing or servicing
other vehicles, or repairing damaged lighting or electrical equipment, any
motor vehicle of mosquito abatement, vector control, or pest abatement agencies
and used for those purposes, or any ambulance used by a private entity under
contract with a public agency.
Facility. Any property with one or
more unique physical addresses.
Facility Category. A classification of
different facility types based on a facility's primary purpose. Facility
categories are defined as the following:
(a)
Administrative/Office
Building. A building or structure used primarily for day-to-day
activities that are related to administrative tasks such as financial planning,
recordkeeping and billing, personnel, physical distribution and logistics,
within a business.
(b)
Distribution Center/Warehouse. A location used
primarily for the storage of goods, which are intended for subsequent
shipment.
(c)
Hotel/Motel/Resort. A commercial establishment
offering lodging to travelers and sometimes to permanent residents.
(d)
Manufacturer/Factory/Plant. A location with equipment
for assembling parts, producing finished products, intermediate parts, or
energy products.
(e)
Medical/Hospital/Care. An institution engaged in
providing inpatient diagnostic and therapeutic services or rehabilitation
services by or under the supervision of physicians.
(f)
Multi-building
Campus/Base. A property typically operated by a single entity with
several buildings, often serving multiple purposes.
(g)
Restaurant. A
business establishment where the primary purpose is serving meals or
refreshments.
(h)
Service Center. A facility that supports a business
operation that generates revenue by providing a specific service or product, or
a group of services or products to a customer.
(i)
Store. An
establishment that sells goods or a variety of goods and services to the
general public.
(j)
Truck/Equipment Yard. An establishment that primarily
stores or dispatches trucks and equipment such as a garage or parking
lot.
(k)
Any Other
Facility Type. Any facility that is not included in Facility
Category (a) through (j).
Fleet. One or more self-propelled
vehicles under common ownership or control of a person. This includes vehicles
that are rented or leased from a business that regularly engages in the trade
or business of leasing or renting motor vehicles without drivers where the
vehicle rental or leasing agreement for the use of a vehicle is for a period of
one or more years.
Fleet Owner. Except as modified in (a)
and (b), either the person registered as the owner or lessee of a vehicle by
the Massachusetts Registry of Motor Vehicles (RMV), or its equivalent in
another state, province, or country; as evidenced on the vehicle registration
document carried in the vehicle.
(a)
For vehicles that are owned by the federal government and not registered in any
state or local jurisdiction, the owner shall be the department, agency, branch,
or other entity of the United States, including the United States Postal
Service, to which the vehicles in the fleet are assigned or which have
responsibility for maintenance of the vehicles.
(b) For a vehicle that is rented or leased
from a business that is regularly engaged in the trade or business of leasing
or renting motor vehicles without drivers, the owner shall be the rental or
leasing entity if the rental or lease agreement for the use of a vehicle is for
a period of less than one year, otherwise the owner shall be the renter or
lessee.
Government Agency. Any federal, state,
or local governmental agency or quasi-governmental agency including, but not
limited to, authorities boards, bureaus, commissions, committees, councils,
departments, divisions, groups, guards, homes, laboratories, libraries,
offices, police, programs, systems, trusts, universities and other entities,
water districts, or any other public entity.
Gross Annual Revenue. The total
revenue, receipts, and sales reported to the Internal Revenue Service for a
consecutive 12-month period.
Gross Vehicle Weight Rating or GVWR.
The weight specified by the manufacturer as the loaded weight of a single
vehicle.
Military Tactical Vehicle. A motor
vehicle owned by the U.S. Department of Defense and/or the U.S. military
services and used in combat, combat support, combat service support, tactical
or relief operations, or training for such operations.
Motor Carrier. A person that
transports passengers or property for compensation. A motor carrier, or person
who is an employee or bona fide agent of a carrier, is not a broker when it
arranges or offers to arrange the transportation of shipments that it is
authorized to transport and that it has accepted and legally bound itself to
transport.
Municipality. A city, county, city and
county, special district, or a public agency of the Commonwealth of
Massachusetts, and any department, division, public corporation, or public
agency of Massachusetts.
Responsible Official.
(a) For a corporation: A president,
secretary, treasurer, or vice president of the corporation in charge of a
principal business function who has been duly authorized to bind the
corporation pursuant to a corporate vote, or a representative of the
corporation who has been duly authorized to bind the corporation pursuant to a
corporate vote provided the representative is responsible for the overall
operation of the facility;
(b) For
a limited liability company, person authorized pursuant to M.G.L. c. 156C,
§ 24 and the limited liability company's operating agreement to bind the
company and all the members;
(c)
For a trust: a trustee or any other natural person authorized:
1. to enter into contracts regarding the
trust property;
2. to bind the
trust; or
3. to encumber or dispose
of the trust property.
(d) For a partnership: A general partner who
has been duly authorized to bind the partnership;
(e) for a sole proprietorship; the sole
proprietor; or
(f) For a
municipality, state, federal, or other public or quasi-public entity including
any legislatively created authority, board, commission, district, etc.: a
principal executive officer or ranking elected official who is empowered to
enter into contracts on behalf of the municipality or public or quasi-public
entity.
Subhauler. A for-hire motor carrier
who enters into an agreement to provide transportation services on the behalf
of another motor carrier or broker.
Subsidiary. A company controlled by
another company.
Vehicle. Self-propelled equipment
intended for use on highways and off-road yard tractors, and does not include
motorcycles.
Vehicle Body Type. Commonly used
vehicle body descriptions to be used in responding to questions about the fleet
of vehicles including the following: beverage truck, boom/bucket, box reefer,
box dry van, bus shuttle, bus-other, car/SUV, car carrier, concrete mixer,
concrete pump, crane, drill rig, dump, flatbed or stake bed, garbage front
loader, garbage side loader, garbage packer, garbage roll-off, other, pickup
bed, service body, sweeper, tank, tractor day cab, tractor sleeper cab, tow,
vacuum, water, van-cargo, van-step, van-passenger, on-road or off-road yard
tractor.
Vehicle Home Base. The location where
a vehicle is domiciled meaning a business location where a vehicle is typically
kept when not in use. Vehicles that are kept at a personal residence or kept at
a location that is not operated by the entity shall use the location where the
vehicle is dispatched from or where the vehicle is repaired or
maintained.
Vehicles Awaiting Sale. Vehicles in
the possession of dealers, financing companies, or other entities that do not
intend to operate the vehicle in Massachusetts or offer the vehicle for hire
for operation in Massachusetts, and that are operated only to demonstrate
functionality to potential buyers or to move short distances while awaiting
sale for purposes such as maintenance or storage.
Weight Class Bin. A list of vehicles
categorized by GVWR. The weight class bins are one of the following:
(a)
Light-duty. A
self-propelled motor vehicle designed for on-highway use with a GVWR of 8,500
lbs. or less. Also referred to as Class 1-2a. This includes passenger cars,
sport utility vehicles, minivans, and light pickup trucks.
(b)
Class 2b-3. A
self-propelled motor vehicle designed for on-highway use with a GVWR from 8,501
lb. to 14,000 lb. The types of vehicle in this category generally includes
full-size pickup trucks, smaller utility trucks, cargo vans, and passenger
vans.
(c)
Class
4-6. A self-propelled motor vehicle designed for on-highway use
with a GVWR from 14,001 lb. to 26,000 lb.
(d)
Class 7-8. A
self-propelled motor vehicle designed for on-highway use with a GVWR greater
than 26,000 lbs.
(5)
General Requirements.
(a)
Reporting. All
regulated entities shall submit information specified in
310
CMR 7.41(6) and (7) to the
Department. Subsidiaries, parent companies, or joint ventures may independently
report, or the corporate parent or joint venture business may report on their
behalf, as long as all information for subsidiaries, corporate parents, and
joint ventures with vehicles over 8,500 lbs. are reported. Entities with
brokerage or motor carrier authority shall report even if no vehicles are owned
by that subsidiary, corporate parents, or joint venture. Vehicles that are
under common ownership or control may be submitted separately by each fleet
owner. Complete information shall be reported by March 1, 2024. Vehicle data
shall be reported as the fleet was comprised on a date of the fleet owner's
choosing any time after January 1, 2022. To the extent reports submitted
contain confidential data, entities may request that information be kept
confidential pursuant to
310 CMR
3.00: Access to and Confidentiality of
Department Records and Files.
(b)
Report Signature and
Certification. The report shall be signed by a responsible
official and include the following statement: "I certify that I have personally
examined the report for this entity and am familiar with the information
contained in that report and that, based on my inquiry of those individuals
immediately responsible for obtaining the information, I believe that the
information is true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including possible
fines and imprisonment."
(c)
Method of Reporting. Reports submitted to comply with
310
CMR 7.41 shall be submitted in a format
specified by the Department.
(d)
Record Retention. The responsible official shall
maintain the records of their information required by
310
CMR 7.41 until December 31, 2025, for the
overall fleet. In addition, the fleet owner or responsible person shall
maintain all fleet, vehicle, contract, and facility records used to compile
responses to
310
CMR 7.41(6) and the data
and analysis period used for
310
CMR 7.41(7). Records shall
include the following:
1. For owned vehicles,
mileage records and dates from records such as maintenance logs, vehicle logs,
odometer readings, or other records with the information that the reporting
entity used to determine their responses;
2. For vehicles not owned but dispatched by
the entity, dispatch records and dates, contracts, or other records with the
information that the reporting entity used to determine their
responses;
3. Vehicle registration
for each owned vehicle in the Massachusetts fleet; and
4. Contracts with entities, or contracts with
subhaulers, or other records with the information that an entity used to
determine their responses.
(e)
Request to Clarify Reported
Data. The responsible official shall respond to requests for
clarification of reported information within 14 days of receiving the request
from the Department.
(6)
General Entity Information Reporting. All entities
subject to
310
CMR 7.41 shall report the following general
information about their entity and business practices and such other similar
information as the Department may require:
(a)
Entity name;
(b) Mailing address
including street name or P.O. box, city, state, and ZIP code;
(c) Designated contact name;
(d) Designated contact's email
address;
(e) Designated contact's
phone number;
(f) Corporate parent
name or governing body (if applicable);
(g) Federal Taxpayer Identification Number of
Corporate Parent or other entities with which your entity has vehicles under
common ownership or control (if applicable);
(h) For government entities, identify the
jurisdiction (federal, state, or local);
(i) Federal Taxpayer Identification Number
(if applicable);
(j) Primary six
digit North American Industry Classification System (NAICS) code (if
applicable);
(k) For
non-governmental entities, identify the total annual revenue for the entity in
the United States for 2022. Respond by using the following bins in millions of
dollars (<$10, $10-$49, $50-$99, $100-$499, $500-$999,
>$1,000);
(l) Identify if your
entity has broker authority under the Federal Motor Carrier Safety
Administration;
(m) The following
operating authority numbers, if applicable: Motor carrier identification
number, United States Department of Transportation number, International
Registration Plan number;
(n)
Identify the number of entities with whom the entity has a contract to deliver
items or to perform work in Massachusetts using vehicles over 8,500 lbs. GVWR
in 2022 or 2023 to serve your customers while representing your entity's brand.
Respond using the following bins (0, 1-10, 11-20, 21-50, or more than
50);
(o) If the entity has motor
carrier or broker authority and contracts with subhaulers to serve its
customers, identify the following for the year 2022 or 2023; if the entity does
not have motor carrier or broker authority, mark "Does not apply":
1. The number of subhaulers the entity
contracted with in Massachusetts to transport goods or other property. Respond
using the following bins (Does not apply, 0, 1-10, 1120, 21-50, or more than
50);
2. Estimated number of
vehicles operated by subhaulers on the entity's behalf in Massachusetts.
Respond using the following bins (Does not apply, 0, 1-10, 11-20, 21-99,
100-500, >500); and
3. Estimated
number of vehicles operated by subhaulers that operated under the entity's
motor carrier authority in Massachusetts. Respond using the following bins
(Does not apply, 0, 1-10, 11-20, 21-99, 100-500, >500).
(p) Identify whether the entity has a written
sustainability plan to reduce your carbon footprint. Respond with (Yes, No,
Does not apply);
(q) Identify
whether the entity's written sustainability plan includes transportation
emissions reduction goals. Respond with (Yes, No, Does not apply);
(r) Identify the number of vehicles with a
GVWR over 8,500 lb. the entity owned and operated in Massachusetts in either
2022 or 2023 that do not have a vehicle home base in Massachusetts.
(s) Identify whether the data used to respond
to the questions in
310
CMR 7.41(6) were from 2022,
2023, 2024, or a combination thereof.
(7)
Vehicle Usage by Facility
Reporting. Entities that own or operate any vehicles under common
ownership or control, or that broker to use vehicles with a GVWR greater than
8,500 lbs. shall report general information about the vehicle home base where
all vehicles are domiciled or assigned as specified in
310
CMR 7.41(7)(a), information
about vehicle operating characteristics for vehicles domiciled or assigned to
each vehicle home base in Massachusetts as specified in
310
CMR 7.41(7)(b) and such
other similar information as the Department may require. Vehicles that accrue a
majority of their annual miles in Massachusetts, but are not assigned to a
particular location in Massachusetts, shall be reported as part of the
headquarters or another location where the vehicles' operation is managed.
(a) All entities shall report the following
information for each vehicle home base:
1.
Facility address including street name, city, state, and ZIP code;
2. Facility category;
3. Contact name;
4. Contact email address;
5. Identify whether the facility is owned or
leased by the entity;
6. Identify
what type of fueling infrastructure is installed at the facility, by selecting
all of the fuel types dispensed at the facility as listed in
310
CMR 7.41(7)(a)6.a. to g.:
a. Diesel;
b. Gasoline;
c. Natural gas;
d. Electricity for vehicle charging (Level 2
or higher power);
e.
Hydrogen;
f. Other fuel;
or
g. Not applicable.
7. Identify what fueling
infrastructure was initially installed on or after January 1, 2010 for the
fueling options listed in
310
CMR 7.41(7)(a)6.a. through
g.;
8. Identify what types of
trailers are pulled if tractors are assigned or domiciled at this facility:
a. Van-dry;
b. Van-reefer;
c. Tanker;
d. Flatbed;
e. Shipping container;
f. Low bed;
g. Curtain side; or
h. Other.
(b) For each vehicle home base with a vehicle
above 8,500 lbs. GVWR, report information specified in
310
CMR 7.41(7)(b)1. through 6.
for all vehicles above 8,500 lb. GVWR including off-road yard tractors.
Responses shall be grouped by the combination of vehicle body type, weight
class bin, and fuel type listed in
310
CMR 7.41(7)(a)6.a. through
g. (vehicle group). Alternatively, responses may be completed for each
individual vehicle and include the vehicle's body type, weight class bin, and
fuel type. Separately report vehicles dispatched under brokerage authority, if
applicable. Each vehicle shall only be counted once for each response.
Additional information for analysis periods used to respond to questions in
310
CMR 7.41(7) is located in
310
CMR 7.41(7)(b)7. Additional
information on reusing vehicle operational information between similar
locations is located in
310
CMR 7.41(7)(b)8. Vehicles
dispatched under brokerage authority but not owned by the entity are not
subject to reporting information from
310
CMR 7.41(7)(b)2.a. through
e. and additional information for brokers is located in
310
CMR 7.41(7)(b)9.
1. How many vehicles in each vehicle
group;
2. The percent of the
vehicles in each vehicle group that have the operations listed in
310
CMR 7.41(7)(b)2.a. through
q., except
310
CMR 7.41(7)(b)2.j.,
represented by 90% of a vehicle's operating days for the analysis period
selected per
310
CMR 7.41(7)(b)7. Respond by
estimating the percent of the total vehicles that apply to the category and
rounding to the nearest 10%. For off-road yard tractors,
310
CMR 7.41(7)(b)2.a. through
e. and k. are optional. Do not include backup or non-operational vehicles in
calculating vehicle group mileage averages.
a.
Operate up to 100 average miles per day;
b. Operate up to 150 average miles per
day;
c. Operate up to 200 average
miles per day;
d. Operate up to 300
average miles per day;
e. Operate
more than 300 average miles per day;
f. Has a predictable usage pattern. For
example, refuse trucks or package delivery trucks typically have predictable
usage patterns because they tend to serve the same neighborhoods each
week;
g. Fuels on-site as the
primary means of fueling;
h.
Typically returns to this vehicle home base daily. For example, if a vehicle
returns to a personal residence nearly all days of the year and does not return
to the vehicle home base often, the vehicle would not be counted; however, a
vehicle that returns to the vehicle home base nightly for nine out of ten
workdays, or always stays at home base, would be counted;
i. Has onboard GPS or mileage
tracking;
j. Whether most of the
vehicles in the vehicle group stay within approximately 50 miles of this
facility on a typical day (indicate either Yes or No);
k. Tows a trailer more than 100 miles a
day;
l. Commonly operates at its
weight limit;
m. Is not registered
in Massachusetts;
n. Is regularly
parked at the facility more than eight hours each day;
o. The highest approximate percent of the
vehicle group that was dispatched at the same time over the last three years on
the behalf of a local, state or federal government to support an emergency
operation such as repairing or preventing damage to roads, buildings, terrain,
and infrastructure as a result of an earthquake, flood, storm, fire, terrorism,
or other infrequent acts of nature;
p. Is equipped with all-wheel drive; and q.
Are not being operated or are used as backup vehicles.
3. The average annual mileage for a typical
vehicle in this vehicle group. Respond by using one of the following that is
closest to the average miles (5,000 or less, 10,000, 20,000, 30,000, 40,000,
50,000, 60,000, 70,000, 80,000, 90,000, 100,000, or more than
100,000).
4. For vehicle types
represented in this vehicle group, identify how long you typically keep
vehicles after acquisition. Respond in number of years by using one of the
following bins: (Less than 4, 5-10, 11-15, 16-20, or more than 20).
5. Identify whether the entity is the fleet
owner for this vehicle group, or if they are dispatched under your brokerage
authority.
6. Identify the start
and end date of the analysis period selected per
310
CMR 7.41(7)(b)7.
7. Entities shall either use annual or
quarterly data averaged for workdays during the period selected to determine
responses or alternatively may select a different time period. A shorter
analysis period may be used if it is more representative of periods of high
vehicle utilization when answering questions about typical daily operation. For
example, if an entity selects annual data to determine vehicle daily mileage,
average the annual mileage accrued by the number of workdays that year.
Otherwise, if an entity with seasonal workload fluctuations determines that a
week or month during the busy season is representative, average the data
records for that week or month when determining a response. If an alternative
analysis period is used, the entity shall describe its reasoning at the request
of the Department per
310
CMR 7.41(5)(d).
8. Responses for items in
310
CMR 7.71(7)(b)1. through 5.
for a vehicle group at one location may be repeated for the same vehicle group
at another vehicle home base if the operation at that location is substantially
similar to another location.
9. A
broker is only expected to provide information about vehicle usage that is
dispatched under contract with a fleet owner. For example, if a broker hires a
truck to move a load, only the miles driven under that contract shall be
included in the responses and the broker is not expected to have information
about the miles driven outside the contract, but may voluntarily report the
information if known.
