Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The purpose of this chapter is to implement the federal Commercial Motor Vehicle Safety Act of 1986 (Title XII of Public Law 99-570) and reduce or prevent commercial motor vehicle accidents, fatalities and injuries by (a) permitting operators of commercial motor vehicles to hold only one license, (b) disqualifying operators of commercial motor vehicles who have committed certain criminal, or other offenses, or serious traffic violations; and (c) strengthening licensing and testing standards for operators of commercial motor vehicles.

The chapter is a remedial law and shall be liberally construed to promote the public health, safety and welfare. To the extent that the provisions of this chapter conflict with the general operator licensing provisions of chapter ninety, this chapter prevails.

SECTION 2. The General Laws are hereby amended by inserting after chapter 90E the following chapter:- `tuc CHAPTER 90F. UNIFORM OPERATION OF COMMERCIAL MOTOR VEHICLES ACT.

Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:-

"Alcohol", any substance containing any form of alcohol, including but not limited to, ethanol, methanol, propanol and isopropanol.

"Alcohol concentration", the number of grams of alcohol per one hundred milliliters of blood; or the number of grams of alcohol per two hundred and ten liters of breath; or the number of grams of alcohol per sixty-seven milliliters of urine.

"Commerce", trade, traffic, and transportation within the jurisdiction of the United States between a place in a state, including a place outside of the United States; and trade, traffic, and transportation in the United States which affects any other trade, traffic, and transportation.

"Commercial driver license system" (CDLIS), the information system established pursuant to the CMVSA - 86 (Title XII, Public Law 99-570) to serve as a clearinghouse for locating information related to the licensing and identification of commercial motor vehicle operators.

"Commercial motor vehicle", a motor vehicle used in commerce designed or used to transport passengers or property which has a gross vehicle weight rating of twenty-six thousand and one or more pounds or such lesser rating as determined by federal regulation, or which is designed to transport more than 16 passengers, including the driver; or which transports hazardous materials and is required to be placarded in accordance with 49 CFR part 172, sub-part F.

"Controlled substance", any substance classified as a controlled substance under section 102(6) of the Controlled Substances Act (21 U.S.O. 802(6), including all substances listed on Schedules I through V of 21 CFR Part 1308.

"Conviction", an unvacated adjudication of guilt; a determination that a person has violated or failed to comply with the law in a court of original jurisdiction; in an administrative proceeding, if the adjudication of guilt is within its jurisdiction; an unvacated forfeiture of bail or collateral, deposited to secure the person's appearance in court; a plea of guilty or nolo contendere accepted by the court; the payment of a fine or court cost; or violation of a condition of release without bail; regardless of whether the penalty is rebated, suspended or probated.

"Disqualification", a prohibition against operating a commercial motor vehicle.

"Driver license", a license issued by the commonwealth to an individual to drive a motor vehicle.

"Employer", any person, including the United States, a state, or a political subdivision of a state, who owns or leases a commercial vehicle, or assigns a person to drive a commercial motor vehicle.

"Felony", any offense under state or federal law that is punishable by death or imprisonment for a term exceeding one year.

"Foreign jurisdiction", any jurisdiction other than a state of the United States.

"Gross vehicle weight rating" (GVWR), the value specified by the manufacturer as the maximum loaded weight of a single or a combination (articulated) vehicle, or registered gross weight, whichever is greater. The GVWR of a combination (articulated vehicle) commonly referred to as the "gross combination weight rating" (or GCWR) is the GVWR of the power unit plus the GVWR of the towed unit or units. In the absence of a value specified for the towed unit or units by the manufacturer, the GVWR of a combination (articulated) vehicle is the GVWR of the power unit plus the total weight of the towed unit including the loads on them.

"Hazardous materials", as defined under section 103 of the Hazardous Materials Transportation Act (49 App. USC 1801 et seq.).

"Learners permit to operate commercial motor vehicles", a permit issued pursuant to section seven of this chapter.

"License to operate a commercial motor vehicle", a license to operate a commercial motor vehicle issued in accordance with the requirements of this chapter and the Commercial Motor Vehicle Safety Act of 1986 (Title XII of Pub. Law 99-570) to an individual authorizing him to operate a certain class of commercial motor vehicle.

"Motor vehicle", any vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, or any other vehicle required to be registered under the laws of this state, not including any vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail.

"Nonresident CDL", a license to operate a commercial motor vehicle issued by a state to an individual who resides in a foreign jurisdiction.

"Operate", to operate or be in physical control of a commercial motor vehicle in any place open to the general public for purposes of vehicular traffic. For purposes of sections ten and eleven, "operate" includes operation or physical control of a motor vehicle anywhere within the commonwealth.

"Operator", any person who drives, operates, or is in physical control of a commercial motor vehicle, in any place open to the general public for purposes of vehicular traffic, or who is required to hold a commercial driver license.

"Out of service order", a temporary prohibition against operating a commercial motor vehicle.

"Registrar", the registrar of motor vehicles.

"Serious traffic violation", excessive speeding, as defined by the United States Department of Transportation by regulation; operation under the influence of alcohol or drugs, operating to endanger or reckless driving, under the provisions of paragraphs (a) to (h), inclusive, of subdivision 1 of section twenty-four of chapter ninety; leaving the scene of a personal injury accident under section twenty-four of chapter ninety; homicide by a commercial motor vehicle under the provisions of section twenty-four G of said chapter ninety and causing serious bodily injury while operating a commercial motor vehicle while under the influence of intoxicating liquor or drugs under the provisions of section twenty-four L of said chapter ninety; any other violations of state law relating to motor vehicle traffic control which the registry determines by regulation to be serious.

"State", a state of the United States and the District of Columbia.

Section 2. Any person who operates a commercial motor vehicle shall not have more than one license to operate a motor vehicle except during the ten day period beginning on the date the person is issued a license to so operate.

Section 3. A. Notification of convictions. Any operator of a commercial motor vehicle holding a license to operate issued by the commonwealth, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control, in any other state or Canadian Province other than parking violations, shall notify the registrar of motor vehicles.

Any driver of a commercial motor vehicle holding a driver license issued by the commonwealth, who is convicted of violating any state law or local ordinance relating to motor vehicle traffic control in this or any other state or Canadian Province, other than parking violations, shall notify his or her employer in writing of the conviction within thirty days of the date of conviction.

B. Notification of suspensions, revocations and cancellations. Each driver whose driver license is suspended, revoked, or cancelled by any state, who loses the privilege to drive a commercial motor vehicle in any state for any period, or who is disqualified from driving a commercial motor vehicle for any period, shall notify his employer of that fact before the end of the business day following the day the driver received notice of that fact.

C. Notification of previous employment. Each person who applies to be a commercial motor driver must provide the following information for the ten years preceding the date of application.

A list of the names and addresses of the applicant's previous employers for which the applicant was a driver of a commercial motor vehicle; the dates between which the applicant drove for each employer; and the reason for leaving that employer. The applicant must certify that all information furnished is true and complete. An employer may require an applicant to provide additional information.

Section 4. A. Each employer must require the applicant to provide the information specified in paragraph (C) of section three.

B. No employer may knowingly allow, permit, or authorize any applicant to operate a commercial motor vehicle during any period in which the driver has a driver license suspended, revoked, or cancelled by any state; has lost the privilege to drive a commercial motor vehicle in any state, or has been disqualified from driving a commercial motor vehicle in any state; or in which the driver has more than one license to operate a motor vehicle or commercial motor vehicle, except during the ten day period beginning on the date the employee is issued a license to so operate.

Section 5. (A) Except when driving under a learner's permit to operate a commercial vehicle and accompanied by the holder of a license to operate a commercial motor vehicle valid for the vehicle being driven, no person may drive a commercial motor vehicle unless the person holds and is in immediate possession of a license to operate a commercial motor vehicle valid for the vehicle they are driving.

(B) No person may operate a commercial motor vehicle while their driving privilege is suspended, revoked, cancelled, subject to a disqualification, or in violation of an out of service order.

(C) The registrar may promulgate regulations granting waivers consistent with federal law.

Section 6. No person may be issued a license to operate a commercial motor vehicle unless that person is a resident of the commonwealth and has passed a knowledge and skills test for driving a commercial motor vehicle which complies with minimum federal standards established by federal regulation enumerated in 49 CFR part 383, sub-parts G and A, and has satisfied all other requirements of the CMVSA-86 (Title XII of Public Law 99.570) in addition to any other requirements imposed by law. The tests shall be prescribed and conducted by the registrar.

The registrar may authorize a person, including an agency of the commonwealth or of another state, an employer, a private driver training facility, or other private institution, or a department, agency or instrumentality of local government, to administer the skills test specified by this section, provided the test is the same as would otherwise be administered by the commonwealth; and further, that the third party has entered into an agreement with the commonwealth which complies with requirements of 49 CFR part 383.75.

The registrar shall promulgate rules and regulations within federal guidelines, establishing criteria for alternative testing procedures in order to provide reasonable accommodation for illiterate and non-English speaking applicants for licenses to operate commercial vehicles.

An applicant seeking a license to operate a commercial motor vehicle, and one or more endorsements shall be given credit for each examination passed within twelve months or until the license and endorsements are issued, whichever occurs first.

Any person holding a license to operate a commercial motor vehicle shall not be retested at the time of renewal except for renewal of a hazardous materials endorsement as required by federal law, or if the operator has had his license cancelled, revoked or suspended, or when the registrar is acting pursuant to section twenty-two of chapter ninety.

The registrar shall waive the skills test specified in this section for an applicant for a license to operate a commercial motor vehicle who meets the requirements of 49 CFR part 383.77, except when acting pursuant to section twenty-two of chapter ninety.

A learner's permit to operate a commercial vehicle may be issued to an individual who holds a valid license to operate a motor vehicle or a Class "C" driver license who has passed the vision and written tests required for an automobile Class "C" driver license.

A learner's permit to operate a commercial motor vehicle may not be issued for a period to exceed twelve months. Only one renewal or re-issuance may be granted within a two-year period. The holder of a learner's permit may drive a commercial motor vehicle on a highway only when accompanied by the holder of a valid license to operate a commercial motor vehicle for the type of vehicle driven who occupies a seat beside the individual for the purpose of giving instruction in driving the commercial motor vehicle.

A license to operate a commercial motor vehicle or a learner's permit to operate a commercial motor vehicle may not be issued to a person while the person is subject to a disqualification from operating a commercial motor vehicle or while the person's license to operate a motor vehicle is suspended, revoked or cancelled in any state; nor may a license to operate a motor vehicle be issued to a person who has a license to operate a commercial motor vehicle issued by any other state unless the person first surrenders all driver licenses issued by any state, which licenses shall be returned to the issuing states for cancellation.

Section 7. The application for a license to operate a commercial vehicle or a learner's permit to operate a commercial vehicle, must include the following:

(1) the full name and current mailing and residential address of the applicant;

(2) a physical description of the applicant including sex, height, weight, eye, and hair color;

(3) date of birth of applicant;

(4) the applicant's Social Security number of the applicant;

(5) the signature of the applicant;

(6) a photograph of the applicant;

(7) certifications, including those required by 49 CFR 383.71 (a).

(8) any other information required by the registrar.

(9) consent of the applicant to release driving record information. The application must be accompanied by the application fee required by the provisions of section thirty-three of chapter ninety.

When a licensee changes his name, mailing address or residence, an application for a duplicate license shall be made forthwith to the registrar.

No person who has been a resident of the commonwealth for thirty days or more may operate a commercial motor vehicle under the authority of a license to operate a commercial motor vehicle issued by another jurisdiction.

Section 8. A license to operate a commercial motor vehicle shall be marked "Commercial Driver License" or "CDL", and shall be, to the maximum extent practicable, tamper proof, and shall include, but not be limited to, the following information:

(1) the name and residential address of the person;

(2) the person's color photograph;

(3) a physical description of the person including sex, height;

(4) date of birth;

(5) the person's social security number and any number or identifier deemed appropriate by the registrar;

(6) the person's signature;

(7) the class or type of commercial motor vehicle or vehicles which the person is authorized to operate, together with any endorsements or restrictions;

(8) the name of the commonwealth; and

(9) the dates between which the license is valid.

A license to operate a commercial motor vehicle may be issued with classifications, endorsements, and restrictions, as established by the registrar by regulation in conformity with federal standards.

Before issuing a license to operate a commercial motor vehicle, the registrar must obtain driving record information through the commercial driver license information system, the national driver register, and from each state in which the person has been licensed.

If the registrar receives official notice, in any form which he deems appropriate, including electronic transmission that a resident of the commonwealth, or any person licensed to operate a motor vehicle or commercial motor vehicle under the provisions of chapter ninety or ninety F, or any applicant therefor, has had his license or right to operate suspended or revoked in another state or country, the registrar shall not issue a license to such person who is an applicant, and if a license has already been issued he shall revoke said license immediately without a hearing; provided however, if said license or right to operate is subsequently reinstated by the other state or country, the person may reapply for said license revoked by the registrar subject to regulations established by the registrar. The combined electronic record of the registry of motor vehicles shall be the official record of the registrar for purposes of admissability in any court.

Within ten days after issuing a license to operate a commercial motor vehicle, the registrar must notify the commercial driver license information system of that fact, providing all information required to ensure identification of the person.

The commercial driver license shall expire as provided in section eight of chapter ninety.

When applying for renewal of a commercial driver license, the applicant shall complete the application form required by paragraph (A) of section nine, providing updated information and required certifications. If the applicant wishes to retain a hazardous materials endorsement, the written test for hazardous materials endorsement must be taken and passed.

Section 9. (A) Any person is disqualified from operating a commercial motor vehicle for a period of not less than one year if convicted of a first violation of:

(1) Driving a commercial motor vehicle under the influence of alcohol or drugs as provided in section twenty-four of chapter ninety.

(2) Driving a commercial motor vehicle while the alcohol concentration of the person's blood or breath is four hundredths or more.

(3) Leaving the scene of an accident involving a commercial motor vehicle driven by the person; or

(4) Using a commercial motor vehicle in the commission of a felony as defined in this chapter.

If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified for a period of three years.

(B) Any person shall be disqualified for life if convicted of two or more violations of any of the offenses specified in paragraph (A), or any combination of those offenses, arising from two or more separate incidents. Only offenses committed after the effective date of this chapter may be considered in applying this paragraph.

(C) The registrar may issue regulations establishing guidelines, including conditions, under which a disqualification for life under paragraph (B) may be reduced to a period of not less than ten years.

(D) Any person shall be disqualified from operating a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance.

(E) Any person shall be disqualified from operating a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, or one hundred and twenty days if convicted of three serious traffic violations, committed in the operation of a commercial motor vehicle arising from separate incidents occurring within a three-year period.

(F) After suspending, revoking, or cancelling a license to operate a commercial motor vehicle, the registrar shall update its records to reflect such action within ten days. After suspending, revoking or cancelling the priveleges of a nonresident operator of a commercial motor vehicle, the registrar shall notify the licensing authority of the state which issued the license or certificate of the nonresident operator of a commercial motor vehicle within ten days.

Section 10. (A) Notwithstanding any other provision of this chapter, a person may not drive, operate, or be in physical control of a commercial motor vehicle while having alcohol in his system.

(B) A person who drives, operates, or is in physical control of a commercial motor vehicle while having alcohol in his system or who refuses to take an alcohol concentration test to determine his blood alcohol content shall be placed out-of-service for twenty-four hours.

Section 11. (A) Any person who operates a commercial motor vehicle upon the highways of the commonwealth shall be deemed to have given consent, to a test or tests of that person's blood, breath, or urine for the purpose of determining that person's alcohol concentration, or the presence of other drugs.

(B) A test or tests may be administered at the direction of a law enforcement officer, who after stopping or detaining the operator of a commercial motor vehicle, has probable cause to believe that the operator was operating a commercial motor vehicle while having alcohol in his system.

(C) A person requested to submit to a test as provided shall be advised that a refusal to submit to the test will result in that person being disqualified from operating a commercial motor vehicle.

(D) If the person refuses testing, or submits to a test which discloses an alcohol concentration of four hundredths or more, the law enforcement officer must submit a sworn report to the registrar certifying that the test was requested pursuant to paragraph (A) and that the person refused to submit to testing, or submitted to a test which disclosed an alcohol concentration of four hundredths or more.

(E) Upon receipt of the sworn report of a law enforcement officer submitted under paragraph (D), the registrar shall disqualify the driver from driving a commercial motor vehicle for a period of one year; provided, however, that upon receipt of such report with respect to any person who refuses to submit to such a test while transporting a hazardous waste required to be placarded, the registrar shall disqualify such person from driving a commercial motor vehicle for three years. The registrar shall disqualify for life any person who refuses to submit to two or more tests. Any operator who has been disqualified shall be entitled to a hearing before the registrar which shall be limited to the following issues: (1) did the law enforcement officer, who after stopping or detaining the commercial motor vehicle driver, have probable cause to believe that the driver was driving a commercial motor vehicle while having alcohol in his system and (2) did such person refuse to submit to such test.

Section 12. Within ten days after receiving a report of the conviction of any nonresident holder of a license to operate a commercial motor vehicle for any violation of law or local ordinance relating to motor vehicle traffic control, other than parking violations, committed in a commercial motor vehicle, the registrar shall notify the driver licensing authority in the licensing state of the conviction.

Section 13. Notwithstanding any other provision of law to the contrary, the registrar shall furnish full information regarding the driving record of any person to the driver license administrator of any other state, or Province or Territory of Canada, requesting that information; to any employer or prospective employer upon request and payment of a fee as provided in section thirty-three of chapter ninety; and to insurers upon request.

Section 14. The registrar may adopt any rules and regulations necessary to carry out the provisions of this chapter.

Section 15. The registrar may enter into and execute agreements, arrangements, or declarations to carry out the provisions of this chapter.

Section 16. Notwithstanding any law to the contrary, a person may operate a commercial motor vehicle if the person has a license to operate a commercial motor vehicle issued by any state or Province or Territory of Canada, in accordance with the minimum Federal standards for the issuance of commercial motor vehicle driver licenses, if the person is not suspended, revoked, or cancelled; and if the person is not disqualified from operating a commercial motor vehicle.