(1)
Purpose, Scope and Applicability.
540
CMR 2.06 is adopted by the Registrar of Motor
Vehicles pursuant to M.G.L. c. 6C, § 56, c. 90, §§ 8, 8B, 8E and
31, and c. 90F, §§ 6 and 8 to establish uniform rules governing the
issuance and use of, licenses to operate a motor vehicle, or learner's permits,
identification cards and licenses and learner's permits to operate a commercial
motor vehicle. "CFR" references are to the "Code of Federal
Regulations."
(2)
Definitions.
(a) The
definitions in M.G.L. c. 90, § 1 shall apply to
540
CMR 2.06. With regard to Commercial Driver's
License (CDL) matters, the definitions in M.G.L. c. 90F, § 1 shall also
apply. If a definition in M.G.L. c. 90, 90F or
540
CMR 2.06 is inconsistent with the definition
in 49 CFR Part 383, the definition in 49 CFR Part 383 shall apply.
(b) The following definitions are also used
in 540 CMR 2.06:
Birth Certificate.
1. An original birth certificate or certified
copy of the original birth certificate issued by a state or territory of the
United States or any other jurisdiction; or
2. A record of birth issued by the State
Office of Vital Records or the equivalent agency in the applicant's state of
birth.
CDL. A Commercial Driver's License
issued in accordance with the standards contained in 49 CFR Part 383 and M.G.L.
c. 90F, §§ 6 and 8 which authorizes an individual to operate a class
of Commercial Motor Vehicle.
CMV. Commercial Motor Vehicle as
defined in M.G.L. c. 90F, § 1 for which a CDL is required to
operate.
Compliant. A license or identification
card that meets federal REAL ID standards and can be used for federal
identification.
Credential. For purposes of
205 CMR
2.00, wherever the word "credential" appears it shall
refer to either a REAL ID Massachusetts Driver's License or Identification Card
or a Standard Massachusetts Driver's License or Identification Card
Digital Image. A digital (photo) image
of the face of the holder of the driver's license or identification
card.
Driver's (Operator) License. An
original, renewal or duplicate license to operate a motor vehicle as issued by
the Registrar under M.G.L. c. 90 or c. 90F in Class A, B, C, (Commercial
licenses); D (Passenger vehicle license); or M (Motorcycle license). It
includes a temporary license in any Class. A Class D license may be used to
operate a motorized bicycle or a motorized scooter. A license in any Class may
contain restrictions and/or endorsements. Driver Licenses are of two types: A
driver's (operator) license is issued in REAL ID compliant and Standard
Massachusetts versions.
1. REAL ID
Massachusetts Driver's License, as defined in M.G.L. c. 90, § 1, is a
driver's license of any Class containing a digital image of the person to whom
the license was issued, meets federal REAL ID standards and can be used for
federal identification purposes.
2.
Standard Massachusetts Driver's License, as defined in M.G.L. c. 90, § 1,
is a driver's license of any Class containing a digital image of the person to
whom the license was issued but does not meet federal REAL ID standards and
cannot be used for federal identification purposes.
FHWA. Federal Highway
Administration.
FMCSA. Federal Motor Carrier Safety
Administration
Full Legal Name. An applicant's first,
middle and last name or surname, and suffix if applicable, without the use of
titles, initials or nicknames.
Identification Card. An identification
card issued to the person named in the document and issued under M.G.L. c. 90,
§ 8E. Identification cards are issued in REAL ID compliant and
Massachusetts versions.
1. REAL ID
Massachusetts Identification Card, as defined in M.G.L. c. 90, § 1, is an
identification card containing a digital image of the person to whom the ID
card was issued and meets federal REAL ID standards and can be used for federal
identification purposes.
2.
Standard Massachusetts Identification Card, as defined in M.G.L. c. 90, §
1, is an identification card containing a digital image of the person to whom
the ID card was issued but does not meet federal REAL ID standards and cannot
be used for federal identification.
Lawful Presence. As defined in M.G.L.
c. 90, § 1:
1. persons who have
lawful status in the United States; or
2. documentation of lawful presence in the
United States satisfactory to the Registrar, in consultation with the United
States Department of Homeland Security (DHS).
Lawful Status. A person in lawful
status is a citizen or national of the United States; or an alien:
1. lawfully admitted for permanent or
temporary residence in the United States;
2. with conditional permanent resident status
in the United States;
3. who has an
approved application for asylum in the United States or has entered into the
United States in refugee status;
4.
who has a valid nonimmigrant status in the United States;
5. who has a pending application for asylum
in the United States;
6. who has a
pending or approved application for temporary protected status (TPS) in the
United States;
7. who has approved
deferred action status; or
8. who
has a pending application for lawful permanent residence (LPR) or conditional
permanent resident status.
Learner's Permit. A restricted permit,
issued under M.G.L. c. 90, § 8B, that allows a learning driver to operate
a passenger motor vehicle (Class D) and also allows a person to operate a
motorized bicycle or a motorized scooter; a restricted permit, also issued
under M.G.L. c. 90, § 8B, that allows a learning rider to operate a
motorcycle (Class M). A Class M permit can only be renewed after expiration if
the applicant passes a new written test and has taken (and failed) at least one
driving test while the original permit was valid. If an applicant for a renewal
of his Class M permit fails two driving tests he must successfully complete a
course of study at a rider training school approved by the Registrar before
being able to schedule another driving test. Class M and Class D learner's
permits may have a period of validity of up to two years, but, in the case of a
REAL ID-compliant credential, may be issued for a lesser period to coincide
with the date by which the applicant is required to depart the United States;
or a restricted permit issued under M.G.L. c. 90F, §§ 6 and 7 that
allows a learning driver to operate commercial motor vehicles in Class A, B or
C. A Class A, B, or C permit is issued for a period of 180 days, but may be
renewed for an additional like period without re-testing. A learner's permit
contains a digital image of the person to whom the permit was issued. A
learner's permit, in any Class, is a paper document, does not meet federal REAL
ID standards and cannot be used for federal identification.
Limited Term License or Limited Term Identification
Card. A REAL ID-compliant Driver's License of any class, Standard
Massachusetts CDL, or Identification Card issued to a person and which expires
at:
(a) The expiration date of the
applicant's authorized stay in the United States; or
(b) If there is no definite end to the period
of authorized stay, no longer than one year from the date of issue.
Liquor Purchase Identification Card.
An identification card issued by the Registrar under authority of M.G.L. c.
138, § 34B that may be issued to a person who is 21 years of age or older
and who does not hold a valid Massachusetts driver's license issued by the
Registrar and containing a digital image of the person to whom it was issued.
Such identification card does not meet federal REAL ID standards and cannot be
used for federal identification.
Nondomiciled Commercial Driver's License
(CDL). A CDL issued to:
(a) an individual domiciled in a foreign
country other than Mexico or Canada, who has complied with the testing and
licensing standards required for CDL drivers; or
(b) an individual domiciled in another state
while that state is prohibited from issuing CDLs, who has complied with the
testing and licensing standards required for CDL drivers.
Nonresident. As defined in M.G.L. c.
90, § 1, any person whose legal residence is not within the
Commonwealth.
Out-of-Service Order. A declaration by
an authorized enforcement officer of a federal, state, Canadian, Mexican or
local jurisdiction that a driver, a commercial motor vehicle, or a motor
carrier operation is out-of-service pursuant to
49 CFR Parts
386.72,
392.5,
395.13,
396.9, or any compatible law, or
the North American Uniform Out-of-Service Criteria, as provided in M.G.L. c.
90F, § 1.
REAL ID Massachusetts Driver's License or
Identification Card. For purposes of
540 CMR
2.00, means that a driver's license or identification
card has been issued by a state certified by U.S.D.H.S. to be in compliance
with the requirements of the federal REAL ID Act and which driver's license or
identification card meets the standards in
6 CFR § 37, including a limited term driver's license
or identification card issued under
6 CFR §
37.21. REAL ID Massachusetts Driver's License
or Identification Card is suitable for federal identification purposes.
REAL ID Standards. Standards required
by the federal REAL ID Act of 2005,
49 U.S.C.
30301, and established by the U.S.D.H.S. in
federal regulations at 6 CFR
§ 37.
SSA. The United States Social Security
Administration.
SSN. A Social Security Number assigned
by the Social Security Administration to a specific individual.
Source Document. The original or a
certified copy of document acceptable to the Registrar that is submitted by an
applicant for an operator's license or identification card.
State. A state of the United States,
the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa
and the Commonwealth of the Mariana Islands.
U.S.D.H.S. The United States
Department of Homeland Security; also known as
DHS.
(3)
Applications for Driver's
Licenses, Permits and Identification Cards, Fees, Knowledge Tests, and Road
Tests, Generally.
(a) To obtain,
renew, transfer, or upgrade a driver's license, learner's permit or
identification card, an applicant shall submit an application in a form
prescribed by the Registrar, and pay the required fees. The application shall
be deemed to include the applicant's response to any request by the Registrar
or his or her agent for information to be included on the applicant's driver's
license, learner's permit or identification card otherwise necessary to process
the applicant's driver's license, learner's permit or identification card.
Unless the Registrar has issued a waiver for a specific document, an applicant
for a driver's license, permit, identification card or liquor purchase
identification card is limited to providing identification documents as
contained on the Registrar's lists of "Acceptable Forms of Identification". A
vision screening test is also required of an applicant for a driver's license
or permit, as determined by the Registrar.
(b)
REAL ID Massachusetts
Driver's License or Learner's Permit. An applicant for a REAL ID
Massachusetts Driver's License or Learner's Permit shall submit documentary
proof satisfactory to the Registrar of:
1.
Date of Birth. (if younger than 18 years old, written
consent of a parent, guardian or another parent-substitute is also required,
see
540
CMR 2.06(3)(b)1.);
2.
Residency within the
Commonwealth. (two proofs of address of principal residence in MA
is required, each containing the applicant's name and street
address);
3. Verifiable SSN of the
applicant, the validity of which the Registrar may confirm with the SSA, or
acceptable evidence of ineligibility for a SSN as detailed in a dated "Denial
Letter" (issued not more than 60 days earlier) from the SSA. If the submitted
SSN cannot be verified as having been issued to the applicant, a REAL ID
license or permit may not be issued until the SSN can be verified.
4. U.S. Citizenship, lawful status or lawful
presence in the United States as those terms are defined in
540 CMR
2.00. If an applicant is not a U.S. citizen, an alien
lawfully admitted for permanent or temporary residence in the United States, an
alien with conditional permanent resident status in the United States, an alien
who has an approved application for asylum in the United States, or an alien
who has entered into the United States in refugee status, then the applicant
must provide acceptable documentation demonstrating that his or her current
authorized stay in the United States is for a period of at least 12 months. The
period of at least 12 months shall be measured from the beginning of the
applicant's current authorized stay, or from the beginning of the applicant's
prior authorized stay if it immediately precedes the current authorized stay
without interruption, whichever is earlier. If there is no definite end to the
current period of authorized stay (for example, where the applicant has a
pending application for lawful permanent residence, asylum, or temporary
protected status), it shall be presumed to be for a period of at least 12
months.
5. An applicant for a REAL
ID Massachusetts driver's license or learner's permit who is in one of the
following categories may only receive a Limited Term REAL ID Massachusetts
driver's license or learner's permit:
a. has a
valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into
the United States;
b. has a pending
application for asylum in the United States;
c. has a pending or approved application for
temporary protected status in the United States;
d. has approved deferred action status; or
e. has a pending application for
adjustment of status to that of an alien lawfully admitted for permanent
residence in the United States or conditional permanent resident status in the
United States.
(c)
Standard Massachusetts
Driver's License or Learner's Permit. An applicant for a Standard
Massachusetts Driver's License or Learner's Permit shall submit documentary
proof satisfactory to the Registrar of:
1.
Date of Birth. (If younger than 18 years old, written
consent of a parent, guardian or another parent-substitute is also required,
see
540
CMR 2.06(3)(c)1.);
2. Residency within the Commonwealth required
containing the applicant's name and street address;
3. One of the following:
a. An SSN, if the applicant has been issued
an SSN at any prior time, the validity of which the Registrar may confirm with
the SSA;
b. a "Denial Letter"
(issued not more than 60 days earlier) from the SSA; or
c. Effective July 1, 2023, and for a Standard
Class D or M Driver's License or Learner's Permit only, in the case of an
applicant who provides as proof of identity a valid unexpired foreign passport
or a valid unexpired Consular Identification document, an attestation executed
by said applicant under the pains and penalties of perjury and signed in the
presence of a notary public or the Registrar's designee, stating that the
applicant has never been issued an SSN
4. Pursuant to
49 C.F.R.
383.71(a)(5) and
49 C.F.R.
383.71(f)(2)(i), an
applicant seeking to obtain a Standard Massachusetts CDL must provide proof of
U.S. Citizenship or status as a permanent resident of the United States. A
person who is domiciled in a foreign jurisdiction other than Canada or Mexico
may obtain a nondomiciled Standard Massachusetts CDL upon presentation of an
unexpired employment authorization document (EAD) issued by the U.S.
Citizenship and Immigration Services or an unexpired foreign passport
accompanied by an approved I-94 form documenting the applicant's most recent
admittance into the United States. Any Standard Massachusetts CDL shall expire
on the date the person's lawful presence in the United States
expires.
5. An applicant for a
Standard Massachusetts driver's license or learner's permit who is in one of
the following categories may only receive a Limited Term Standard Massachusetts
driver's license or learner's permit:
a. has a
valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into
the United States;
b. has a pending
application for asylum in the United States;
c. has a pending or approved application for
temporary protected status in the United States;
d. has approved deferred action status;
or
e. has a pending application for
adjustment of status to that of an alien lawfully admitted for permanent
residence in the United States or conditional permanent resident status in the
United States.
(d)
REAL ID Massachusetts
Identification Card. An applicant for a REAL ID Massachusetts
Identification Card shall submit documentary proof satisfactory to the
Registrar of:
1.
Date of
Birth. (Providing the applicant is 14 years of age or
older.)
2. Residency within the
Commonwealth: (two proofs of address of principal residence in MA is required,
each containing the applicant's name and street address);
3. Verifiable SSN of the applicant, the
validity of which the Registrar may confirm with the SSA, or acceptable
evidence of ineligibility for a SSN as detailed in a dated "Denial Letter"
(issued not more than 60 days earlier) from the SSA. If the submitted SSN
cannot be verified as having been issued to the applicant, a REAL ID
identification card may not be issued until the SSN can be verified.
4. U.S. Citizenship, lawful status or lawful
presence in the United States as those terms are defined in
540 CMR
2.00. If an applicant is not a U.S. citizen, an alien
lawfully admitted for permanent or temporary residence in the United States, an
alien with conditional permanent resident status in the United States, an alien
who has an approved application for asylum in the United States, or an alien
who has entered into the United States in refugee status, then the applicant
must provide acceptable documentation demonstrating that his or her current
authorized stay in the United States is for a period of at least 12 months. The
period of at least 12 months shall be measured from the beginning of the
applicant's current authorized stay, or from the beginning of the applicant's
prior authorized stay if it immediately precedes the current authorized stay
without interruption, whichever is earlier. If there is no definite end to the
current period of authorized stay (for example, where the applicant has a
pending application for lawful permanent residence, asylum, or temporary
protected status), it shall be presumed to be for a period of at least 12
months.
5. An applicant for a REAL
ID Massachusetts Identification Card who is in one of the following categories
may only receive a Limited Term REAL ID Massachusetts Identification Card:
a. has a valid, unexpired nonimmigrant visa
or nonimmigrant visa status for entry into the United States;
b. has a pending application for asylum in
the United States;
c. has a pending
or approved application for temporary protected status in the United
States;
d. has approved deferred
action status; or
e. has a pending
application for adjustment of status to that of an alien lawfully admitted for
permanent residence in the United States or conditional permanent resident
status in the United States.
An applicant who holds a valid driver's license issued by the
Registrar or issued by another jurisdiction may not hold both a driver's
license and a REAL ID Massachusetts identification card.
(e)
Standard
Massachusetts Identification Card. (An applicant for a Standard
Massachusetts Identification Card shall submit documentary proof satisfactory
to the Registrar of:
1. Date of Birth,
providing the applicant is 14 years of age or older.
2. Residency within the Commonwealth required
containing the applicant's name and street address.
3. If no verifiable SSN is provided by the
applicant, the applicant must provide acceptable evidence of ineligibility for
a SSN as detailed in a dated "Denial Letter" (issued not more than 60 days
earlier) from the SSA. If the submitted SSN cannot be verified as having been
issued to the applicant a Massachusetts identification card may not be issued
until the SSN can be verified.
4.
U.S. Citizenship, lawful status or lawful presence in the United States as
those terms are defined in
540 CMR
2.00. If an applicant is not a U.S. citizen, an alien
lawfully admitted for permanent or temporary residence in the United States, an
alien with conditional permanent resident status in the United States, an alien
who has an approved application for asylum in the United States, or an alien
who has entered into the United States in refugee status, then the applicant
must provide acceptable documentation demonstrating that his or her current
authorized stay in the United States is for a period of at least 12 months. The
period of at least 12 months shall be measured from the beginning of the
applicant's current authorized stay, or from the beginning of the
5. An applicant for a Standard Massachusetts
Identification Card who is in one of the following categories may only receive
a Limited Term Standard Massachusetts Identification Card:
a. has a valid, unexpired nonimmigrant visa
or nonimmigrant visa status for entry into the United States;
b. has a pending application for asylum in
the United States;
c. has a pending
or approved application for temporary protected status in the United
States;
d. has approved deferred
action status; or
e. has a pending
application for adjustment of status to that of an alien lawfully admitted for
permanent residence in the United States or conditional permanent resident
status in the United States.
An applicant who holds a valid driver's license issued by the
Registrar or issued by another jurisdiction may not hold both a driver's
license and a Standard Massachusetts identification card.
(f)
Liquor
Purchase Identification Card. An applicant for a Massachusetts
Liquor Purchase Identification Card shall submit documentary proof satisfactory
to the Registrar of:
1. Date of Birth,
providing the applicant is 21 years of age or older.
2. Verifiable SSN of the applicant, the
validity of which the Registrar may confirm with the SSA, or acceptable
evidence of ineligibility for a SSN as detailed in a dated "Denial Letter"
(issued not more than 60 days earlier) from the SSA. If the submitted SSN
cannot be verified as having been issued to the applicant, a Massachusetts
Liquor Purchase Identification Card may not be issued until the SSN can be
verified.
An applicant who holds a valid Massachusetts driver's license
issued by the Registrar is not eligible for a Massachusetts Liquor Purchase
Identification Card. An applicant who holds a valid driver's license from a
jurisdiction outside of Massachusetts is eligible for a Massachusetts Liquor
Purchase Identification Card.
(g)
Proof of Identity and
Residency. An applicant for a Driver's (Operator's) License,
Learner's Permit, Identification Card or Liquor Purchase Identification Card
shall submit documentary proof of the applicant's identity and residency
satisfactory to the Registrar. As a part of
540 CMR
2.00, the Registrar has established lists of documents
the RMV may accept to prove aspects of identity and residency, and reserves the
right to amend these lists from time to time. The lists can be found on the RMV
website and in the Driver's Manual that is current at the time of application.
Lists displayed on the website shall be considered the most recent in the event
of a disparity between the Driver's Manual and the website, and shall be
offered in multiple languages. Such lists include, but are not limited to the
following:
1. Documents to Prove Massachusetts
Residence.
2. Documents to Prove
Date of Birth (DOB).
3. Documents
to Prove U.S. Citizenship, lawful status or lawful presence in the United
States; or
4. Effective July 1,
2023, and for a Standard Class D or M Driver's License or Learner's Permit
only, if an applicant does not provide proof of lawful presence, the applicant
shall submit two documents as proof of identity and date of birth. One such
document shall be:
a. a valid unexpired
foreign passport or
b. a valid
unexpired consular identification document; the other such document shall be:
i. a valid unexpired driver's license from
any United States state or territory,
ii. an original or certified copy of a birth
certificate,
iii. a valid unexpired
foreign nationalidentification card,
iv. a valid unexpired foreign driver's license, or
v. a marriage certificate or divorce decree
issued by any state or territory of the United States. One of these documents
shall include a photograph and one document shall include a date of birth. Any
documents submitted under this paragraph that are in any language other than
English shall be accompanied by a certified translation translating the
document into English.
(g1/2)
Verification of
Documentation. The Registrar shall retain each application and all
supporting documents and shall adopt policies to verify the authenticity and
protect the confidentiality of said applicant's documents including personally
identifying information. Said applications and supporting documents shall not
be used for any purpose other than internal review and associated fraud
prevention, training, and to confirm compliance with internal controls and will
be retained in accordance with applicable statewide retention schedules. The
Registrar may conduct a review of any document presented by an applicant for
any credential to verify the document's authenticity. Any information relating
to an applicant for a Massachusetts license shall not be disclosed except to
comply with Federal law or pursuant to regulations promulgated by the Attorney
General.
(h)
Conversion
of Driver's Licenses, Identification Cards and Learner's Permits from Another
Jurisdiction. "Conversion" of a driver license means the Registrar
has recognized that another specific jurisdiction enforces standards of fitness
of operators substantially as high as those prescribed and enforced by the
Commonwealth, the Registrar has been able to confirm the validity and status of
an applicant's driver license issued in the other jurisdiction and is willing
to issue an equivalent Class of Massachusetts driver license for the applicant
from that jurisdiction, who has become a resident of this state, with the same
restrictions or endorsements (if any) as on that applicant's existing license
and without the need for a written test or a road test. The applicant is
otherwise subject to the same application requirements as an applicant for an
initial license, including the payment of all fees as if the tests had been
taken and passed, and, if applicable based upon the type of credential being
requested, must demonstrate U.S. Citizenship, lawful status or lawful presence
in the United States unless the Registrar can confirm such status through other
means. The Registrar will not issue a driver license as part of a license
conversion unless the applicant surrenders the license to be converted to the
Registrar.
1.
Conversion of
License from Another U.S. State, the District of Columbia or U.S.
Territory. An applicant who is 18 years of age or older with a
driver license from another U.S. jurisdiction who has become a resident of this
state, may convert his or her driver license with the same restrictions or
endorsements (if any) as on that applicant's existing license and without the
need for a written or a road test. The applicant is otherwise subject to the
same application requirements as an applicant for an initial license, including
the payment of all fees as if the tests had been taken and passed. An applicant
presenting a REAL ID driver license may, on conversion, receive the equivalent
REAL ID Massachusetts Driver's License as issued by Massachusetts if the
applicant has demonstrated U.S. Citizenship, lawful status or lawful presence
in the United States. An applicant presenting a non-REAL ID driver's license
may convert to a REAL ID or Standard Massachusetts Driver's License upon
furnishing the required documentation for such credential. An applicant for
license conversion from a U.S. Territory may also be required to provide a
recent driving record.
2.
Conversion of Identification Card. The Commonwealth of
Massachusetts will not convert an identification card from another U.S. state
or another jurisdiction. An applicant for a REAL ID Massachusetts
Identification Card or for a Standard Massachusetts Identification Card who has
recently become a Massachusetts resident is subject to the same terms and
conditions as any other applicant for that particular type of Identification
Card.
3.
Conversion of
Liquor Purchase Identification Card. No conversion of the
equivalent of a Massachusetts Liquor Purchase Identification Card will be made
by the Registrar. Each application for such card is treated as an initial
application.
4.
Conversion of a Learner's Permit. The Registrar may
convert a learner's permit from another U.S. jurisdiction if the jurisdiction
from which the permit was issued would accept a Massachusetts permit for
conversion. If the applicant for a permit is younger than 18 years old,
Massachusetts law requires the applicant to complete a course of driver
education instruction approved by the Registrar. He or she may accept any
portion of a driver education program completed in the other jurisdiction if he
or she finds that the program and completed portion(s) is substantially similar
to the driver education program or portion in this state. An applicant for a
learner's permit must provide documentation listed in the "Document
Requirements Chart" of the RMV's Driver's Manual.
5. Conversion of Driver Licenses, Learner's
Permits and Identification Cards from Canada or Mexico. See
the "Document Requirements Chart" of the RMV's Driver's Manual
or found on the RMV's website. An applicant may convert to a REAL ID or
Standard Massachusetts Driver's License upon furnishing the required
documentation for such credential.
6. Conversion of licenses from Select Foreign
Countries which have entered into reciprocal agreements with Massachusetts for
the conversion of driver licenses for persons 18 years of age or older are also
contained in the RMV's Driver's Manual or found on the RMV's
website. An applicant may convert to a REAL ID or Standard Massachusetts
Driver's License upon furnishing the required documentation for such
credential.
7.
Other
Foreign Licenses. An applicant presenting a valid driver license
from a foreign country not having a reciprocal license conversion agreement
with Massachusetts, who has become a resident of this state, will be required
to take a written and road test. If the applicant is younger than 18 years old,
he or she may be required to take a Driver Education course at a school
approved by the Registrar. Parental consent will also be required. An applicant
may convert to a REAL ID or Standard Massachusetts Driver's License upon
furnishing the required documentation for such credential.
(i)
Parental Consent for
Learner's Permit/Junior Operator License.
1.
Driver's License.
An application for a driver's license for a person younger than 18 years old
must be accompanied by the written consent of a parent or legal guardian of the
applicant or, if a parent is not available, by another person standing in place
of a parent. The written consent on the minor's application may be given by
either parent if no separation or divorce exists. It may only be given by the
parent having legal custody if a legal separation or divorce does exist. If
joint custody has been awarded, only the parent with whom the minor applicant
resides in the Commonwealth at the time of application may give consent.
If the Registrar is satisfied
540 CMR
2.00 has been followed, he or she will not rescind a
decision to issue a Learner's Permit or Driver License to a minor due solely to
an objection from a parent not authorized to give consent under
540 CMR
2.00, unless the objector has a court order.
For purposes of
540 CMR
2.00, the Registrar may deem a person occupying one of
the following positions as a person "standing in the place of a parent" if for
good cause shown, a parent who can give consent under
540 CMR
2.00 is not available.
a. a legal guardian who properly identifies
himself or herself and presents an order of a Court appointing him or her as
legal guardian of the minor applicant.
b. a step-parent who properly identifies
himself or herself and presents evidence that he or she is the step-parent of
the minor applicant and that the applicant resides with him or her.
c. a foster-parent who properly identifies
himself or herself as someone who provides temporary substitute parental care
for a child or children under an agreement with a licensed or approved
placement agency, as recognized by the state's Executive Office of Health and
Human Services and Department of Early Education and provides documentation
indicating the minor applicant is in his or her care.
d. a social worker representing the state
Department of Children and Families (DCF) licensed to engage in the practice of
social work in the Commonwealth who properly identifies himself or herself and
who satisfies the Registrar that he or she has or is providing professional
social work services to the minor applicant and/or to the applicant's
family.
e. an authorized
representative of a residential group care program, as recognized by the
Executive Office of Health and Human Services and Department of Early
Education, in which the minor applicant resides who has properly identified
himself or herself and provides evidence of residential program
assignment.
f. a boarding school
headmaster of an academic school in the Commonwealth who properly identifies
himself or herself and provides documentation indicating that the minor
applicant is a student in residence at the school and that as headmaster he or
she is authorized by the parent(s) to exercise discretion in making decisions
on behalf of the resident student.
g. the Massachusetts resident-host of a minor
foreign exchange student who properly identifies himself or herself and
provides documentation from the student's parent(s) indicating authority to
exercise discretion in making decisions on the resident student's behalf.
For purposes of
540 CMR
2.00, a notarized "Caregiver Affidavit" issued under
the authority of M.G.L. c. 201F and provided by the care giver named in the
document is not considered acceptable since it is limited to making only
medical and academic educational decisions on behalf of a minor.
(j)
ID Card - No Permanent Address. An application for a
Massachusetts Identification Card by a person who otherwise meets the statutory
qualifications for such Card but who does not have a permanent residential
address in Massachusetts, including an application by a person who is younger
than 18 years old, may be considered for issuance of the ID Card for good cause
shown if:
Homeless Shelter or Other Accommodation for Transients. The
properly identified director or person in charge of an established homeless
shelter or other recognized accommodation for transient guests (other than a
hotel or similar accommodation), attests that he knows the applicant
personally, discloses the period of time he or she has known the applicant,
discloses the source of his or her knowledge that the applicant has no
permanent address, asserts that the applicant stays at the shelter for homeless
individuals on an irregular basis by disclosing the approximate number of times
per week or month that the applicant has recently been a guest and agrees to
allow the applicant to use the shelter as both his or her residential and
mailing address for RMV purposes. In addition to the above, if the applicant is
younger than 18 years old, the director or person in charge of an established
homeless shelter also discloses his or her personal knowledge of the
applicant's relationship with his parent(s) or other relatives, and if none,
whether the applicant is under any form of State guardianship or under the
control of the Department of Children and Families (DCF).
(k)
Written and Road Tests
Required (formerly 3c). Prior to the issuance of any license, an
applicant must pass both a knowledge test and a driving or skills test as
prescribed by the Registrar, and must satisfy the Registry's medical
qualification standards as set forth in
540 CMR
24.00: Medical Qualifications for Operators of
Motor Vehicles, in a manner acceptable to the Registrar. If, at any
time before or after the issuance of a license or learner's permit, the
Registrar has any reason to believe that a person is physically or mentally
incapable of operating a motor vehicle, the Registrar may require satisfactory
proof of that person's ability to operate a motor vehicle including, but not
limited to, the successful completion of a competency road test.
(l)
Road Test Vehicle (formerly
3d). The driving or skills test must be taken in a motor vehicle
representative of the type of motor vehicle which the driver operates or
expects to operate.
(m)
Authorized Test Administrative (formerly 3e). The
knowledge and driving or skills tests may be administered by a Registry
employee or agent designated by the Registrar to administer such tests or by a
third-party whom the Registrar has authorized to administer such tests;
provided that an independent third party contractor may not give the CDL
Knowledge Tests.
(4)
Learner's Permits and Licenses Generally.
(a) Unless prohibited by the state of
issuance, an out of state operator with a learner's permit may operate in
Massachusetts. Likewise, a Massachusetts learner's permit holder may operate in
another state, unless otherwise prohibited.
(b)
Classes.
1. All original operator licenses and all
operator license renewals shall be valid only in accordance with the Classes of
licenses listed in
540
CMR 2.06. The Registrar shall examine each
applicant according to the Class of license for which application was made.
Each license shall indicate the Class to which it is assigned.
2. The Classes of licenses entitling a
licensee to operate motor vehicles or a combination of motor vehicles are as
follows:
Class A: Any combination of vehicles
with a gross combination weight (GCW), gross vehicle weight (GVW), or
registered weight of 26,001 or more lbs., whichever is greater, provided the
GVWR of the vehicle(s) being towed is in excess of 10,000 lbs. (Holders of a
Class A license may, with any appropriate endorsements, operate all vehicles
within Class B, C, and D.)
Class B: Any single vehicle with a
gross vehicle weight rating (GVWR) of 26,001 or more lbs., or any such vehicle
towing a vehicle not in excess of 10,000 lbs. GVWR. (Holders of a Class B
license may, with appropriate endorsements, operate all vehicles within Class C
and D.)
Class C: Any single vehicle or
combination of vehicles that does not meet the definition of Class A or Class
B, but is either designed to transport 16 or more passengers including the
driver, or is required to be placarded for hazardous materials under
49 CFR
172.500 or any other federal regulation.
(Holders of a Class C license may operate all vehicles within Class D.)
Class D: Any single vehicle or
combination of vehicles that does not meet the definition of Class A, Class B,
Class C, or Class M.
Class M: Any motor vehicle defined as
a motorcycle in M.G.L. c. 90, § 1 or any two-wheeled vehicle whose top
speed is as described in c. 90, § 1H or any three-wheeled vehicle whose
top speed is as described in M.G.L. c. 90, § 1I.
3. A Class A, B, or C License shall also be
known as a Commercial Driver's License or CDL.
4.
Gross Weight
Rating.
a. A vehicle without a
plate specifying the GVWR of the vehicle shall contain in a readily accessible
place, a written statement specifying the GVWR of the vehicle and including the
make, model, year and Vehicle Identification Number (VIN) of the vehicle, which
must be prepared by the manufacturer of the vehicle or by an authorized dealer
who buys and sells such vehicles.
b. If the registered gross weight or actual
gross weight of a vehicle or of a combination of vehicles exceeds its GVWR or
GCWR, then the registered gross weight or actual gross weight, whichever is
higher, shall be used instead of the GVWR or GCWR to determine what license
class is required under
540
CMR 2.06.
(c)
Temporary License or
Identification Card. The Registrar may for administrative
convenience and the appropriate fee, and in accordance with M.G.L. c. 90,
§ 11, issue a temporary license or temporary identification card of any
Class for 60 days including, but not limited to:
1. At initial issuance or upon issuance of a
duplicate, where the final document containing a digital image will be
manufactured at a later date;
2.
When a licensee whose Massachusetts license has expired or is about to expire
renews the license online, the downloadable receipt that is issued upon proper
payment may be printed and must be carried by the licensee, along with the
license containing a digital image that was most recently issued, until the new
license is issued and mailed to the licensee's address on file or the 60 days
expires, whichever first occurs;
3.
When a licensee cannot complete a license renewal transaction at an RMV Service
Center due to reasons beyond the control of the Registrar, a temporary
Massachusetts license may be issued at the discretion of the Service Center
manager;
4. When a competency road
exam has to be taken by an applicant who either does not currently have a valid
license or who's license has been suspended, the Registrar may issue a
temporary license in order to allow the person to take the test on a public
way, but may suspend the unexpired portion of the temporary license immediately
upon the failure of the competency road exam by the applicant;
5. When a licensee who is a resident of
Massachusetts and whose Massachusetts license has expired or is about to expire
while the licensee is outside of the Commonwealth, the Registrar may issue a
temporary license if the licensee is not eligible to renew online. The
Registrar may mail the temporary license by standard U.S. mail to an address
provided by the licensee. If the licensee requests overnight or expedited
delivery, he or she will be required to arrange and pay for such service, in
advance. In regard to issuance of a temporary driver license, the following is
applicable:
a. A licensee may be eligible to
renew the license but not eligible to renew online if he or she is required by
law or by a regulation or policy of the Registrar to visit a Service Center to
renew because of age or other requirement.
b. A licensee is not eligible to renew if his
or her license is suspended or if he or she has been placed in "non-renewal"
status by the Registrar based on official notifications received under state
law.
c. Although a temporary
license of any Class that is issued by the Registrar is valid in Massachusetts,
due to differences in state laws the Registrar cannot guarantee that such
temporary license will be honored by law enforcement officers or courts in
other jurisdictions.
d. A temporary
Massachusetts driver license or temporary Massachusetts identification card may
be issued either in person or remotely only if the:
i. RMV is satisfied of the identity of the
applicant and, if applicable, has reverified the holder's lawful presence and
SSN;
ii. The compliant document
contains the most recent digital image of the holder from RMV files;
iii. Any remote renewal is authorized by the
RMV Driver License Section;
iv. The
expiration date of the temporary document does not exceed the date of the end
of the license holder's authorized stay in the United States or 60 days,
whichever first occurs.
(d)
Restrictions.
1. Restrictions on a license shall be coded
as follows:
2. MEDICAL LOG/GLUCOSE
REQUIRED
A. USE WITH CERTIFIED DRIVING
INSTRUCTOR ONLY
B. CORRECTIVE
LENSES
C. MECHANICAL AID (adaptive
devices)
D. PROSTHETIC AID/PERSONAL
MEDICAL AID
E. CMV AUTOMATIC
TRANSMISSION
G. DAYLIGHT
ONLY
H. LIMITED TO
EMPLOYMENT
I. JOL
LIMITED/OTHER
J. OTHER
K. CDL - INTRASTATE ONLY
L. CDL - VEHICLES WITHOUT AIR
BRAKES
M. CDL - EXCEPT CLASS A
BUS
N. CDL - EXCEPT CLASS A AND B
BUS
O. CDL - EXCEPT
TRACTOR/TRAILER
P. NO PASSENGERS IN
CMV BUS
Q. CLASS D AUTOMATIC
TRANSMISSION
R. BI OPTIC TELESCOPIC
LENS
S. PROOF OF BLOOD SUGAR
LEVEL
T. IGNITION
INTERLOCK
U. THREE WHEELED
MOTORCYCLE
V. MEDICAL
VARIANCE+
W. INTRASTATE MEDICAL
WAIVER
X. CDL - NO CARGO IN CMV
TANKER
Y. RESTRICTED TO 14
PASSENGER CAPACITY
Z. CDL - AIR
OVER HYDRAULIC
(e)
Reinstatement -
Generally. A Class D or Class M driver's license which is revoked,
suspended, canceled, or downgraded may be reinstated fully or, when applicable,
with an "H" restriction signifying a hardship license for employment use
only.
(5)
Penalties - Generally.
(a)
Violations - Application,
Testing and Licensing. In addition to any other penalty provided
by law, and in order to insure the integrity of the application, testing and
licensing processes, the following provisions shall apply:
1. Anyone who without lawful authority
possesses, in whole or in part, an original version of a driver's license
knowledge test, a copy of such test, or information copied from such test,
shall be disqualified from holding any Class of driver's license or learner's
permit for 60 consecutive days.
2.
Anyone who cheats or attempts to cheat on a driver's license test, including a
knowledge test, a test for a CDL endorsement, a skills test, a pre-trip
inspection of a Commercial Motor Vehicle, or any other written or practical
test required to obtain or upgrade a learner's permit or driver license shall
be disqualified from holding any Class of driver's license or learner's permit
for 60 consecutive days.
3. Anyone
who falsifies information to obtain, renew, transfer, or upgrade a driver's
license or learner's permit shall be disqualified from holding any Class of
driver's license or learner's permit for 60 consecutive days. Any driver's
license or learner's permit, in any Class, issued to a driver who has falsified
any information shall be void from the date of issuance.
4. Any driver's license or learner's permit
secured for a driver by an impersonator of that driver, or with the assistance
of an impersonator, shall be void from the date of issuance.
5. Anyone who bribes or attempts to bribe any
government official with respect to any driver's license or learner's permit
shall be disqualified from holding any Class of driver's license or learner's
permit for 60 consecutive days.
(b)
Violations - Statutes, Rules
and Regulations.
1. A person who
operates a motor vehicle or combination of vehicles not included within the
Class of license issued to him or her, or without required endorsements, or in
violation of license restrictions, or who, while holding a learner's permit
operates a motor vehicle in violation of the terms of such permit, or who
operates a motor vehicle in violation of an out-of-service order, is deemed to
be operating a motor vehicle without being duly licensed and is subject to the
penalties for such offense provided in M.G.L. c. 90 and c. 90F, 49 CFR Part
383, and 540 CMR 2.06.
2. In
addition to any other penalty provided by law, unless otherwise provided by
regulation or statute, the administrative licensing sanction for violating the
rules, regulations, and requirements of M.G.L. c. 90, M.G.L. c. 90F, 540 CMR
2.06, or 49 CFR Part 383 shall be a 60 consecutive days disqualification from
holding a license, learner's permit, CDL or CDL learner's permit. Any adverse
action taken against a license or permit by the Registrar shall not preclude
the imposition of criminal penalties or of other civil penalties for the same
violation. Likewise, no law enforcement officer is precluded from utilizing
criminal law procedure against a driver whose conduct has violated both the
criminal law and civil law. At administrative hearings, findings shall be based
on a preponderance of the evidence even if the unlawful conduct is also a
violation of a criminal law statute.
3. In addition to any other penalty provided
by law, in a case where an employer is the violator of any provision of 540 CMR
2.06, each agent of the employer who knowingly allowed, required, permitted, or
authorized the violation shall be subject to a 60 consecutive days
disqualification from holding any Class of driver's license or learner's
permit.
4. In addition to any other
penalty provided by law, any driver who violates the provision of M.G.L. c. 90,
§ 25 shall be disqualified from holding any Class of driver's license or
learner's permit for a period of 60 consecutive days.
5. In addition to any other penalty provided
by law, a driver who violates the provisions of M.G.L. c. 90, § 24B shall
be disqualified from holding any Class of driver's license or learner's permit
for a one year period. This period shall commence upon notice of a criminal
conviction. If no prosecution is pending, the disqualification period shall be
for 60 consecutive days, which shall commence following an administrative
determination that a driver has violated the terms of M.G.L. c. 90, §
24B.
(c)
Notice. Except for a driver under a 24-hour
out-of-service order and except pursuant to M.G.L. c. 90, § 22(a), no
driver shall be subjected to any penalties described in
540 CMR
2.00 until reasonable notice is sent to the driver and
until there has been a reasonable opportunity for a Registry hearing under
540 CMR 9.00: Conduct
of Hearings within the Registry of Motor Vehicles.
(6)
Suspension or Nonrenewal of
Driver's License or Permit for Violations of the Hands-free Use of Mobile
Electronic Devices While Operating a Motor Vehicle Pending Completion of a
Distracted Driving Program. An operator who is younger than 18
years old and who commits an offense under M.G.L. c. 90, § 8M, relating to
the hands-free use of mobile electronic devices while operating a motor
vehicle, shall have his or her license or permit suspended for 60 days for a
first offense, 180 days for a second offense, and one year for a third or
subsequent offense. For each offense under M.G.L. c. 90, § 8M, an operator
shall not be eligible for license renewal or reinstatement until he or she
completes a program selected by the Registrar that encourages a change in
driver behavior and attitude about distracted driving. An operator who is 18
years of age or older and who commits a second or subsequent offense under
M.G.L. c. 90, § 13B, relating to the hands-free use of mobile electronic
devices while operating a motor vehicle, shall have his or her license placed
in nonrenewal status unless, within 90 days of committing the second or
subsequent offense, he or she completes a program selected by the Registrar
that encourages a change in driver behavior and attitude about distracted
driving. The operator shall not be eligible for renewal of his or her license
until he or she successfully completes such program.
(7)
Additional Particular
Provisions Applicable to Class M Licenses (Motorcycles) - Skill
Test.
(a) No Registry conducted
motorcycle skills test shall be required of any holder of a Massachusetts Class
M learner's permit, if the holder has been certified as being qualified by the
Massachusetts Rider Education Program (MREP) as recognized by the Registrar and
if said holder has successfully completed a course of instruction prescribed by
said Registrar. The Registrar shall approve the form of certification and
methods of communication of such certification to be used under 540 CMR
2.06.
(b) Applicants taking a Class
M skill test on a three wheeled motorcycle will be restricted on their license
to such a vehicle and applicants taking a Class M skill test on a two-wheeled
motorcycle with an attached sidecar shall be restricted to such a vehicle on
the license.
(c) Applicants taking
a Class M skill test on a Limited Use Motorcycle shall be restricted to such a
vehicle on the license.
(8)
Additional Particular
Provisions Applicable to School Bus Operators. Any person who
operates a school bus, as defined in M.G.L. c. 90, § 1, or a motor vehicle
used to transport school pupils under M.G.L. c. 90, § 7D, must also comply
with all applicable special licensing provisions contained in M.G.L. c. 90, and
540
CMR 2.15.
(9)
Particular Provisions
Applicable to Commercial Driver's Licenses.
(a)
Federal
Regulations. Unless otherwise provided by statute or regulation,
all provisions and definitions found in 49 CFR Part 383, and those in M.G.L. c.
90F, § 1 to the extent they are not inconsistent with the federal
regulations, are incorporated by reference into 540 CMR 2.06 and, for CDL
purposes, are applicable to both intrastate and interstate commerce in
Massachusetts. Unless otherwise provided by statute or regulation, any federal
regulations referenced in 49 CFR Part 383 or any other provision of Title 49
applicable to a holder of a CDL are also incorporated by reference into 540 CMR
2.06 and, for CDL purposes, are applicable to both interstate and intrastate
commerce in Massachusetts.
(b)
Driving or Skills Tests Waivers.
1. The Registrar may prescribe forms for use
in determining whether a CMV driving skills test may be waived, and may
prescribe other forms for use in the license application process. Such forms
shall include, but are not limited to, application forms and
affidavits.
2. A driving or skills
test described in
49 CFR §
383.113 shall be waived for a CMV operator
who meets the conditions set forth in
49
CFR §
383.77, unless the Registrar acts
pursuant to M.G.L. c. 90, § 22. This includes waiver of the portion of a
CMV skills test related to air brakes if the driver already has a CDL without
the "L" restriction.
3. Any
authority from the FHWA (Federal Highway Administration) or FMCSA (Federal
Motor Carrier Safety Administration) Administrator to waive all testing for a
180-day CDL to be issued to a seasonal farm worker is expressly
declined.
(c)
CDL Learner's Permits and Licenses.
1.
Temporary
Licenses. The holder of a temporary CDL license assumes the
responsibility to verify that all states through which he or she is traveling
will honor such a CDL.
2.
Restrictions. The holder of a Class "A" CDL with an
"O" restriction may not operate a tractor using its fifth wheel to pull a
trailer. The holder of a Class "A" CDL with an "O" restriction may operate, but
not exclusively, a truck using a fifth wheel to pull a "gooseneck" trailer, and
a truck or tractor using a pintle hook to pull a trailer.
3.
Endorsements.
a. Endorsements on a CDL shall be coded as
follows:
H - HAZARDOUS MATERIALS ("HAZMAT") T - DOUBLES/TRIPLES
N - TANK VEHICLES X - HAZARDOUS MATERIAL AND TANK
VEHICLES
P - PASSENGER TRANSPORT
S - SCHOOL BUS
b. DELETED.
c. When a CDL is required to operate a
particular vehicle, a tank vehicle "N" endorsement is required on the
operator's CDL if the vehicle is designed to transport liquid or gaseous
material within a tank or tanks attached to the vehicle or to the chassis of
the vehicle (see definition of Tank
Vehicle). An "N" endorsement is not necessary if the tank has a
rated capacity, or if the tanks in the aggregate have total rated capacities
under 1,000 gallons and if each tank attached to the vehicle or to the chassis
of the vehicle is a temporarily attached portable tank, readily removable from
the vehicle and filled, re filled, and accessed only while on the ground or
otherwise off the truck.
d. The
operator of a truck towing a vehicle placarded for hazardous materials or
transporting liquid or gaseous material in a tank does not need any
endorsements on any required CDL, so long as the operator is engaged in an
emergency first move to the nearest appropriate repair facility. For any
subsequent moves by the operator of a truck towing any such vehicle, the CDL
requirements or hazardous materials endorsements and/or tank vehicle
endorsements shall be applicable other than as stated in 540 CMR 2.06(9)(c)3.c.
and d.
4.
Suspension, Revocation and Disqualification.
a. Except when a CDL holder is subjected to a
24-hour out-of-service order, any holder of a CDL which is revoked or canceled
may only regain a CDL by passing the CDL Knowledge Tests and CDL Road
Test.
b. The holder of a CDL which
has been revoked or canceled exclusively on account of state law may, after
passing the CDL Knowledge Test, obtain a CDL learner's permit, with or without
the "H" restriction, if allowed by applicable state law. After passing the CDL
Road Test, the holder of a CDL learner's permit may obtain a CDL and the holder
of a CDL learner's permit with an "H" restriction may receive a CDL with an "H"
restriction.
c. A CDL which is
revoked or canceled exclusively on account of federal law or on account of both
federal and state laws may not be reinstated to any extent as a CDL holder
prior to the end of the disqualification period mandated by federal law;
therefore, a CDL which is revoked or canceled exclusively on account of federal
law, or on account of federal and state laws together, may not be reinstated
with an "H" restriction until the federally mandated disqualification period
has terminated.
d. A driver
disqualified from holding a CDL may not make an appointment to take the CDL
Knowledge Test, take the CDL Knowledge Test, obtain a CDL Learner's Permit,
make an appointment to take the CDL Road Test, or take the CDL Road Test unless
the driver has received permission to do so from the Registrar.
e. When a driver is disqualified from holding
a CDL, but is qualified to hold a Class D license or Class M license, the
driver's CDL may be downgraded to a Class D or Class M license.
f. To the extent a driver's privilege to hold
a passenger vehicle Class D license is suspended, revoked, or canceled, the
driver may neither obtain a CDL nor retain a previously issued CDL.
g. The Registrar shall enact and enforce
through licensing sanctions the disqualifications prescribed in
49 CFR §
383.51(b).
h. The Registrar shall give full faith and
credit to the disqualification of commercial motor vehicle drivers by other
states.
i. No person who has been
disqualified for life from operating a CMV pursuant to
49 C.F.R.
383.51(b) or M.G.L. c. 90F,
§ 9(B) shall be eligible to reinstate or obtain a CDL at any time,
notwithstanding the discretionary provisions of
49 C.F.R.
383.51(a)(6) or M.G.L. c.
90F, § 9(C).
(d)
Special CDL
Exemptions.
1.
Intrastate Commerce. With respect to CDL
qualifications, a driver engaged only in intrastate commerce may utilize the
younger than 21 years old exemption provided in
540
CMR 14.04(1)(a).
2.
Operators of Emergency and
Firefighting Equipment. A driver with a Class D license may
operate emergency or fire equipment necessary to the preservation of life or
property, or the execution of emergency governmental functions if the vehicle
is equipped with audible and visual signals and is not subject to normal
traffic regulation. Such emergency and fire-fighting equipment shall include
fire trucks, hook and ladder trucks, foam or water transport trucks, police
Swat Team vehicles, ambulances or other vehicles that are used in response to
emergencies. Unless federal guidelines expressly provide otherwise, such exempt
drivers shall include:
a. a civilian mechanic
operating emergency or firefighting apparatus in the employ of a volunteer or
paid fire organization, provided the civilian mechanic is subject to the
direction and control of a fire department official regarding the means used to
accomplish particular objectives;
b. a member of a volunteer or paid fire
organization, when responding to an emergency or otherwise performing official
duties;
c. an agent of Federal,
State or local government operating such equipment in a search and rescue
function or as part of disaster relief activities, provided the equipment is
government owned or controlled; and
d. the operator of an antique fire
engine.
3.
Farmers. Class D license holders may operate farm
vehicles which are controlled by a farmer and operated by that farmer, his or
her employees, or his or her family; used to transport agricultural products,
farm machinery, and/or farm supplies to or from the farmer's farm; not used in
the operation of a common or contract carrier; and used within 150 air miles of
the farmer's farm. Drivers of vehicles used in lumber operations or nursery
operations are considered part of a "tree farm" operation if the tree farm
operation is substantially engaged in the growing and harvesting of forest
products or incidental lumbering operations, including the preparation and
transportation of the products prior to commercial sale in the ordinary course
of business. Farmer also includes one in the business
of raising horses, poultry, hogs, or bees. This exemption applies to a farm
vehicle of any weight rating, and to a farm vehicle designed to transport 16 or
more persons including the driver, but it does not apply to a farm vehicle
driver who is carrying "hazardous materials" (HM) required to be
placarded.
4.
Military. Military personnel may operate any
Commercial Motor Vehicle (CMV) for military purposes without any license under
540 CMR 2.06. Such personnel include any active duty military personnel, and
members of the reserves and National Guard on active duty, including personnel
on full time National Guard duty, personnel on part time National Guard
training, and National Guard technicians (civilians who are required to wear
military uniforms and are subject to the code of military justice) and active
U.S. Coast Guard personnel. Unless federal guidelines expressly provide
otherwise, such personnel shall also include civilian technicians who are
either military reservists or members of the National Guard and who operate a
National Guard vehicle in a National Guard military uniform. Such civilian
technician need not be subject to the code of military justice when operating
the National Guard vehicle in order to operate lawfully.
5.
Recreational Vehicle
Operators. Any vehicle operated solely as a personal or family
conveyance for recreational purposes may be operated with a Class D license. To
be exempt from CDL requirements, the vehicle must be used exclusively to
transport family members or personal friends and/or their effects.
6.
Off-road Construction
Equipment Operators. A CDL is not required of a skilled mechanic
at a construction site operating off-road motorized construction equipment
which by its design, appearance, and function is not intended for use on a
public way. Such equipment may also be operated and driven without a CDL:
a. to and from a construction site, on public
ways under the immediate direction of a police officer; and
b. on a part of the public way which is under
construction or reconstruction and which is lawfully marked off so as to detour
the general public. Otherwise, such equipment on the public way may only be
operated and driven by the holder of a driver's license in the appropriate
class for such equipment. Off-road motorized construction equipment includes,
but not exclusively, motorscrapers, backhoes, motorgraders, compactors,
excavators, tractors, trenchers, and bulldozers.
7.
Waivers. Unless
otherwise provided by statute or regulation, all CDL waivers hereafter granted
by the FHWA (Federal Highway Administration) or FMCSA (Federal Motor Carrier
Safety Administration) Administrator are, to the same extent, granted by the
Registrar.
8.
Effect. Any written opinion or regulation of the
Registrar, to the effect that a certain person or certain category of persons
is exempt from CDL requirements, shall have effect in another state provided
the other state honors the exemption, unless federal guidelines require
otherwise.
(e)
Other CDL Provisions.
1. The Registrar is the official to receive
notice of convictions for driver violations under
49 CFR §
383.31(a).
2.
Alcohol or Other
Drugs.
a. Each holder of a CDL or
CDL learner's permit including, but not exclusively, anyone engaged in
operations described in either
49 CFR §
390.3(f) or
49 CFR §
391.2, is subject to the provisions of M.G.L.
c. 90F, § 10 and 49 CFR
§
392.5.
b. Any test or tests of blood, breath, or
urine, administered to the operator of a commercial motor vehicle as required
by a law enforcement officer and aimed at determining that person's alcohol
concentration or the presence of other drugs, shall be administered both in the
enforcement of state laws and in the enforcement of
49 CFR §
383.51(b)(2)(i)(A), §
383.51(b)(2)(i)(B),
and §
392.5(a)(2).
c. Each holder of a CDL containing an
"intrastate only" restriction consents, by exercising said CDL, to a motor
carrier's testing for the presence of alcohol or other controlled substances if
so required by
540
CMR 14.03: Adoption and Incorporation
of Federal Regulations as State Regulations.
3.
Entry-Level Driver Training
(ELDT).
a. Effective February 7,
2022, unless the person is exempted by
49 CFR
380.603, no person shall be issued an
original (first time issuance) Class A or B CDL, an upgraded Class A or B CDL,
or a school bus (S), passenger (P), or Hazardous Materials (H) endorsement,
unless the person has successfully completed entry-level driver training (ELDT)
taught by a training provider listed on the Federal Training Provider
Registry.
b. Persons who obtain a
CLP before February 7, 2022 are not required to complete ELDT if the person
obtains a CDL before the CLP or renewed CLP expires.
c. Except for persons seeking the H
endorsement, persons must complete the theory and behind-the-wheel (range and
public road) portions of ELDT within one year of completing the first
portion.
(11)
Voter
Registration. The Registrar shall transmit records, in a format
that the Registrar shall determine in consultation with the Secretary of the
Commonwealth, pertaining to each person who, in the course of applying for a
driver's license, learner's permit, or identification card, has provided
reliable information that he or she is a citizen of the United
States.
