Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately further regulate the operation of commercial motor vehicles, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

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. Section 1 of chapter 90F of the General Laws, as appearing in the 1990 Official Edition, is hereby amended by striking out the definition of "Commerce" and inserting in place thereof the following definition:-

"Commerce", (1) any trade, traffic, or transportation within the jurisdiction of the United States between a place in a state and a place outside of such state, including a place outside the United States; and (2) trade, traffic and transportation in the United States which affects any trade, traffic and transportation described in clause (1).

SECTION 2. Section 6 of said chapter 90F, as so appearing, is hereby amended by striking out the seventh paragraph and inserting in place thereof the following paragraph:-

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 "D" driver license who has passed the vision and written tests required for an automobile Class "D" driver license.

SECTION 3. Paragraph (E) of section 11 of said chapter 90F, as so appearing, is hereby amended by striking out the first and second sentences and inserting in place thereof the following two sentences:- 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 or submits to a test which discloses an alcohol level of four one-hundredths or more while transporting a hazardous material 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, or submits to two or more tests which disclose an alcohol level of four one-hundredths or more, or any combination of the two or more thereof.

SECTION 4. Section 58 of chapter 140 of the General Laws, as so appearing, is hereby amended by inserting after the word "rebuilding", in line 29, the following words:- and selling.