Code of Massachusetts Regulations
540 CMR - REGISTRY OF MOTOR VEHICLES
Title 540 CMR 2.00 - Motor Vehicle Regulations
Section 2.05 - Vehicle Registrations Requirements
Current through Register 1531, September 27, 2024
(1) Authority, Purpose and Scope. 540 CMR 2.05 is issued by the Registrar of Motor Vehicles under the authority of M.G.L. c. 6C, § 56 and c. 90, §§ 2 and 31. In order to promote and protect the public safety, every motor vehicle and trailer operated, pushed, drawn, towed, or remaining in any way shall be in compliance with the registration requirements of M.G.L. c. 90, and 540 CMR 2.05 or 540 CMR 18.00: Minimum Standards for the Issuance and Use of General Registrations and General Registration Numbers Plates Issued under the Provisions of M.G.L. c. 90, § 5.
(2) Applications for Registration and Powers of Attorney. Any person who desires to register a motor vehicle or trailer in the Commonwealth shall complete such application, and provide such information, as required by the Registrar. The application for registration may be signed on behalf of the applicant by a duly authorized attorney in fact acting under a valid power of attorney, provided the power of attorney or a copy thereof, duly authenticated, is filed with the application for registration.
(3) Definitions. As used in 540 CMR 2.05, the following terms are defined as follows:
Ambulance, Antique Motor Car, Auto Home, House Trailer, Motorcycle, School Bus, Semi-trailer, and Trailer. Have the meaning assigned to those terms in M.G.L. c. 90, § 1.
Apportionable Vehicle. Any motor vehicle which qualifies for registration under the International Registration Plan (IRP) authorized by M.G.L. c. 90, § 2.
Bus. Any motor vehicle which is designed to transport 16 or more passengers, including the driver, or meets the definition of bus or motor bus under M.G.L. c. 90, § 1.
Business Advertisement. Unless exempted by law, a business advertisement on a motor vehicle includes, but is not limited to, a notice, slogan, image, logo, internet address or a design, or any combination, intended to draw public attention to a company or organization or to a product or service.
Business Marking. Unless exempted by law, a business marking on a motor vehicle includes, but is not limited to, a name, address, telephone number, internet address or any combination or other indicia that identifies the owner or lessee of the vehicle.
Commercial Motor Vehicle (CMV). A motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle:
Commercial Plates Required Vehicle. Any motor vehicle required to display a "commercial" registration plate and which is not an "apportioned vehicle", a private passenger motor vehicle, personal transportation network vehicle, antique motor car, motorcycle, trailer, semi-trailer, auto home, house trailer, taxicab, ambulance, hearse, livery vehicle, bus, school bus, or school pupil transport vehicle, including the following:
Hazardous materials. Any material that has been designated as hazardous under 49 CFR 383.5, including any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR 73.
Hearse. Any vehicle regularly used in the course of business of a licensed embalmer or a licensed funeral director.
Limited Use Motor Vehicle. Any motor vehicle with two or more wheels as described in M.G.L. c. 90, §§ 1H or 1I which is capable of exceeding 30 miles per hour but not exceeding 40 miles per hour whose operation on public ways is restricted by law. Such vehicle shall display a Limited Use Vehicle registration plate, except that a three-wheeled vehicle meeting the definition of limited use motorcycle in M.G.L. c. 90, § 1I shall display a Limited Use Motorcycle plate.
Livery Vehicle. Any limousine or other vehicle which is designed to carry 15 or fewer passengers, including the driver, and carries passengers for hire, business courtesy, employee shuttle, customer shuttle, charter or other pre-arranged transportation, and which vehicle is not required to obtain a taxicab license pursuant to M.G.L. c. 40, § 22.
Low-speed Electric Bicycle. A two- or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts (one h.p.), whose maximum speed on a paved level surface, when powered solely by such a motor while ridden by an operator who weighs 170 lbs., is less than 20 mph. These bicycles are not "motor vehicles" and are regulated by the U.S. Consumer Product Safety Commission. They are neither required nor authorized to be registered as "motorized bicycles" in the Commonwealth and the operator is not required to have a license or learner's permit but is subject to the traffic laws of the Commonwealth.
Low-speed Motor Vehicle. Any motor vehicle with four wheels meeting the definition in M.G.L. c. 90, § 1 and qualifying for registration under M.G.L. c. 90, § 1F, whose operations on public ways is restricted by law. Such vehicle shall display a Low Speed Vehicle registration plate and a "Slow Moving Vehicle Emblem."
Military Vehicles Appearing to Carry an Offensive Weapon. A privately-owned vehicle or vehicle owned by a not-for profit organization, which appears to contain a mounted offensive weapon designed for military use including, but not limited to, long guns, machine guns, and rocket launchers may not be registered for use on public ways. However, such vehicles may take part in parades on public ways when law enforcement officers escort the vehicle or close the way to the public.
Motor Vehicles and Motorized Vehicles Not Designed for Use on a Way. If the Registrar determines from a Manufacturer's Certificate of Origin or other document believed to contain reliable information, that a motor vehicle or motorized vehicle presented for registration was not designed for use on public ways, the Registrar may refuse to register such vehicle.
Motorcycle. As defined in M.G.L. c. 90, § 1, includes any such vehicle if it can achieve a top speed, as designed and manufactured, in excess of 40 miles per hour (MPH). If such vehicle can achieve a top speed, as designed and manufactured, of between 30 and 40 miles per hour (MPH) it may be registered as a "Limited Use Motorcycle" subject to restrictions as to operation on certain ways or portions of ways. Any two- or three-wheeled vehicle which has been certified by the National Highway Traffic Safety Administration (NHTSA) as a "motorcycle" can only be registered as a "Motorcycle" or "Limited Use Motorcycle". It cannot be registered as a "private passenger motor vehicle".
Motorcycle Conversions. A two- or three-wheeled motorcycle originally designed and manufactured for off-road use cannot be registered for on-road use, unless and until it has been physically converted in accord with the required motorcycle equipment/components list as contained in the Registrar's "Motorcycle Conversion Preliminary Examination Report" and the vehicle passes such preliminary examination prior to registration.
Motorized Bicycle (commonly called a moped). As defined in M.G.L. c. 90, § 1, may have two or three wheels. A motorized bicycle, however powered, cannot be converted and registered as a motorcycle. If the Registrar has information that he or she believes to be reliable that a particular make and model of motorized bicycle or a particular motorized bicycle itself can exceed 30 miles per hour, he or she may refuse to recognize it as a motorized bicycle and may reject registration for the specific vehicle or the make and model produced by the manufacturer.
Motorized Scooter. As defined in M.G.L. c. 90, § 1, is neither required nor authorized to be registered in the Commonwealth.
Motorized Vehicle Combinations. A vehicle composed of a motorized vehicle on the bottom and one or more parts of another vehicle or vehicles on top, whether the top portion contains a separate motorized vehicle or part of a boat, plane or off-road vehicle, etc., will not be registered for operation on public ways.
Motorized Vehicle Designed for Off-road Use. A motorized vehicle originally designed and manufactured for off-road use, for example, a snow mobile or ski mobile, an all-terrain (ATV) vehicle, a utility vehicle, etc., that could be registered under M.G.L. c. 90B cannot be registered for on-road use, either in its original manufactured configuration or as modified for on-road use. Only a "motorcycle" properly converted from off-road use may be registered for on-road use.
Personal Transportation Network Vehicle. A private passenger motor vehicle that is used by a Transportation Network Company Driver to provide Transportation Services for a Transportation Network Company.
Private Passenger Motor Vehicle. Any vehicle:
The terms passenger vehicle, passenger car, automobile and pleasure passenger vehicle are synonymous with Private Passenger Motor Vehicle. For the avoidance of doubt, the Private Passenger Motor Vehicle shall include, but not be synonymous with, Personal Transportation Network Vehicle. For the purposes of M.G.L. c. 90D, § 15A, the term "pleasure vehicle" shall include any motor vehicle, as defined in M.G.L. c. 90D, § 1, that is registered to one or more person(s) and is not registered or used for commercial purposes.
School Pupil Transport Vehicle. Any vehicle which is required to comply with the special equipment and licensing requirement of M.G.L. c. 90, § 7D.
Tank Vehicle (liquid storage). Any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks having an individual rated capacity of more than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that is either permanently or temporarily attached to the vehicle or the chassis. A commercial motor vehicle transporting an empty storage container tank, not designed for transportation, with a rated capacity of 1,000 gallons or more that is temporarily attached to a flatbed trailer is not considered a tank vehicle.
Taxicab. Any vehicle which carries passengers for hire, and which is licensed by a municipality pursuant to M.G.L. c. 40, § 22 as a taxicab.
Transportation Network Company. A corporation, partnership, sole proprietorship, or other entity operating in Massachusetts that, for consideration, will arrange for a passenger to be transported by a driver between points chosen by the passenger. A Transportation Network Company must hold a valid Transportation Network Company Certificate issued by the Department of Public Utilities or a notice issued by the Department of Public Utilities within the preceding six months certifying that, as of the date of the notice, the Department of Public Utilities is not issuing Transportation Network Company Certificates.
Transportation Network Company Driver or TNC Driver. An individual who, on behalf of a Transportation Network Company, provides Transportation Services to TNC Riders.
Transportation Network Company Rider or TNC Rider. Any passenger who is transported by a TNC Driver for consideration and whose transportation is arranged by a TNC Company.
Transportation Services. The transportation of a passenger between points chosen by the passenger for consideration.
Vanpool Vehicle. Any vehicle with a seating arrangement designed to carry seven to 15 adults, including the driver, and is used by seven or more persons commuting on a daily basis to and from work, as classified in M.G.L. c. 63, §§ 31D through 31F.
(4) Registration Plates.
(a) A TNC Driver shall not provide Transportation Services to a passenger unless a Transportation Network Company has pre-arranged for the TNC Driver to provide Transportation Services to the passenger. A TNC Driver shall not solicit or accept on-demand summoning of a ride, otherwise known as "street hail" or "hail pick-up".
(b) A Transportation Network Company shall make available to prospective TNC Riders the method by which the Transportation Network Company calculates fares or the applicable rates being charged and an option to receive an estimated fare.
(c) A TNC Driver must:
(d) No individual whose operator driving record, as maintained on behalf of the Merit Rating Board under M.G.L. c. 6C, § 57A, contains any of the following traffic violations shall operate a Personal Transportation Network Vehicle:
(a) The Department of Public Utilities ("DPU") shall act as the licensing authority to which a Transportation Network Company shall apply for a certificate to provide TNC Services. The DPU may issue such a certificate if the DPU finds that public convenience and necessity require that the applicant be allowed to provide Transportation Services.
(b) The DPU shall have general supervision and regulation of, and jurisdiction and control over Transportation Network Companies as common carriers.
(c) The DPU shall ensure that, before arranging for a Transportation Network Driver to provide Transportation Services, a Transportation Network Company shall:
(d) The DPU shall further ensure that:
(e) In the event that the DPU is unwilling or unable to ensure that Transportation Network Companies in general or a Transportation Network Company in particular comply with the above requirements, the Registrar of Motor Vehicles shall have the power to prohibit the operation of some or all Personal Transportation Network Vehicles or take such further action with respect to such vehicles as otherwise authorized by law or regulations.
(5) Remedies.
(6) Registration Stickers.
(7) Electronic Vehicle Registration (EVR) Program. Participation in the Registry's Electronic Vehicle Registration (EVR) Program authorizing third parties to issue motor vehicle registrations, enter motor vehicle registration data onto the Registry's computer database through an authorized third-party vendor and perform ancillary functions shall be by permit issued, suspendable and revocable by the Registrar, and subject to such reasonable terms and conditions as the Registrar may prescribe.
(8)
Note: A nonresident student enrolled as a student at a school or college in the Commonwealth who attends school during any period from September 1st of any year to August 31st of the following year and who has a temporary residential address in this state while attending such school is not required to obtain Massachusetts registration plates for a vehicle he or she has brought into the Commonwealth while attending a school or college here if the student completes the nonresident student statement required of nonresident students by M.G.L. c. 90, § 3, including maintaining the required insurance coverage, and files such statement in quadruplicate with the local police where the school or college is located and displays the decal for the applicable academic year provided by the school. (For purposes of 540 CMR 2.05(8) a "student" is defined as in M.G.L. c. 90, § 1).