Session Laws

Whereas, The deferred operation of this act would tend to defeat its purpose, which is, in part, to immediately 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 25 of chapter 64H of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by striking out the third paragraph and inserting in place thereof the following paragraph:-

If payment of any such tax due is made by check, credit card, debit card or any other payment method and the amount is not duly paid, the registrar of motor vehicles shall withhold issuance of the certificate of title for the motor vehicle, and shall prohibit the transfer or swap of the registration, and shall suspend or revoke any learner's permit, license to operate motor vehicles, certificate of registration or title, number plate, sticker, decal or other item for which the check, credit card, debit card or other payment method was tendered and order the return of the same forthwith. The holder of said registration for which such check, credit card, debit card or other payment method was used, may not apply for, receive or renew any learner's permit, license to operate motor vehicles, certificate of registration or title, number plates, stickers, decals or any other items issued under the provisions of chapter ninety or chapter ninety D until said amount has been duly paid.

SECTION 2. The twenty-sixth paragraph of section 33 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the second and third sentences and inserting in place thereof the following two sentences:- If payment of any fee required under this chapter or chapter ninety D is made by check, credit card, debit card or any other payment method and the amount is not duly paid, the registrar of motor vehicles shall withhold issuance of the certificate of title for the motor vehicle, shall prohibit the transfer or swap of the registration, and shall suspend or revoke any learner's permit, license to operate motor vehicles, certificate of registration or title, number plate, sticker, decal or other item for which such check, credit card, debit card, or other payment method was tendered and order the return of same forthwith. The holder of said item for which said check, credit card, debit card or other payment method used may not apply for, receive or renew any other learner's permit, license to operate motor vehicles, certificate of registration or title, number plates, stickers, decals, or any other items issued under the provisions of this chapter or said chapter ninety D until said amount has been duly paid.

SECTION 3. Subparagraph (b) of paragraph (6) of subsection (A) of section 3 of chapter 90C of the General Laws, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- If a violator attempts to pay a scheduled assessment with a check, credit card, debit card, or any other payment method that is returned unpaid or rejected, or fails to pay the full amount of an assessment imposed by a magistrate or justice pursuant to this section within the time allowed plus such grace period as the registrar shall allow, the registrar shall revoke any operator's license, learner's permit, certificate of registration or title, number plate, sticker, decal or other item issued by the registrar and held by the violator and order the return thereof forthwith.

SECTION 4. Chapter 90D of the General Laws is hereby amended by inserting after section 11, as so appearing, the following section:-

Section 11A. The registrar is authorized to develop, establish and maintain an electronic data and communication system with banks, credit or other financial institutions for the purpose of electronically recording the existence of security interests under the provisions of this chapter. Where an electronic lien recording method is employed, the registrar may waive the issuance and mailing of the certificate of title to the lienholder required under section eleven.

SECTION 5. The definition of "Commercial motor vehicle" in section 1 of chapter 90F of the General Laws, as appearing in the 1994 Official Edition, is hereby amended by adding the following sentence:- For purposes of section nine, "commercial motor vehicle" shall include any vehicle described in 49 CFR part 390.5.

SECTION 6. Said section 1 of said chapter 90F, as so appearing, is hereby further amended by striking out the definition of "Out of service order" and inserting in place thereof the following definition:-

"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.

SECTION 7. Section 4 of said chapter 90F, as so appearing, is hereby amended by adding the following paragraph:-

(C) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle during any period in which the driver or the commercial motor vehicle or the motor carrier operation is subject to an out-of-service order. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty of twenty-five hundred dollars.

SECTION 8. Section 9 of said chapter 90F, as so appearing, is hereby amended by inserting after paragraph (E) the following paragraph:-

(E>)(1) Except as provided in subparagraph (2), any person who violates the provisions of an out-of-service order shall be disqualified from driving a commercial motor vehicle as follows:

(i) for not less than ninety days for a first violation of an out-of-service order;

(ii) for not less than one year for a second violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period; and

(iii) for not less than three years for a third or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period.

(2) Any person who violates the provisions of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 USC app. 1801-1813, or while operating a motor vehicle designed to transport more than fifteen passengers, including the driver, shall be disqualified from driving a commercial motor vehicle as follows:

(i) for not less than one hundred and eighty days for a first violation of an out-of-service order; and

(ii) for not less than three years for a second or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period.

(3) In addition to the disqualification provided for in subparagraphs (1) and (2), any driver who violates the provisions of an out-of-service order shall be subject to a civil penalty of one thousand dollars.

SECTION 9. The provisions of sections five to eight, inclusive, shall take effect as of September thirtieth, nineteen hundred and ninety-six.