HOUSE DOCKET, NO. 1806        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1805

The Commonwealth of Massachusetts

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PRESENTED BY:

Thomas J. Calter

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to antique boats, automobiles and motorcycles.

_______________

PETITION OF:

HOUSE DOCKET, NO. 1806        FILED ON: 1/19/2017

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1805

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2956 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to antique boats, automobiles and motorcycles.

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 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the definition of “ambulance” the following 3 definitions:-

“Antique motor car”, any motor vehicle over twenty-five years old which is maintained solely for use in exhibitions, club activities, parades and other functions of public interest and which is not used primarily for the transportation of passengers or goods over any way, provided that the application for registration thereof is accompanied by an affidavit upon a form provided by the registrar which shall include a statement of the age and intended use of such motor vehicle.

“Antique motor vehicle”, any motor vehicle that is over 25 years old that is substantially maintained in original or restored condition intended to be operated upon any highway or public way.

“Antique motorcycle”, any motorcycle that is over 25 years old that is substantially maintained in original or restored condition intended to be operated upon any highway or public way.

SECTION 2. Chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after section 2I the following section:-

Section 2J. (a) For purposes of this section, the word “owner” shall mean a person entitled to possession of an antique motor vehicle or antique motorcycle.

(b) If the owner of an antique motor vehicle or antique motorcycle is unable to register such vehicle or motorcycle because a certificate of title does not exist or the vehicle or motorcycle has not previously been registered by the registrar, the registrar may issue a certificate of ownership in accordance with the provisions of this section.

(c)(1) An owner of an antique motor vehicle or antique motorcycle may apply for a certificate of ownership upon a blank application form to be furnished by the registrar, which shall contain such information as the registrar shall determine necessary. The registrar may waive any information requested on the form if it is not available.

(2) Within 15 days of receipt of an application for certificate of ownership, the registrar may inspect the antique motor vehicle or motorcycle. If upon inspection the registrar has reason to believe that the motor vehicle or motorcycle was stolen or is comprised of stolen parts the registrar shall not issue the certificate of ownership.

(3) A certificate of ownership issued pursuant to this section shall be delivered to the applicant and shall contain the words “antique motor vehicle” or “antique motorcycle” and any additional information as the registrar shall deem necessary. Upon the reverse side, the certificate of ownership shall contain a blank form for assignment of ownership.

(4) The fee for each original certificate of ownership so issued shall be $40. The certificate of ownership shall be good for the life of the antique motor vehicle or antique motorcycle, so long as the same is owned or held by the original holder of the certificate of ownership. In the event of a sale or transfer of ownership of an antique motor vehicle or antique motorcycle for which a certificate of ownership has been issued, the seller shall endorse the reverse side of the certificate of ownership, as prescribed by the registrar, and deliver the certificate to the buyer at the time of delivery of the antique motor vehicle or antique motorcycle. The buyer shall then present the assigned certificate of ownership to the registrar, whereupon a new certificate of ownership shall be issued to the buyer, the fee therefore being $40.

(d) Notwithstanding section 4 of chapter 90D or any other general or special law to the contrary, an owner of an antique motor vehicle or antique motorcycle for which a certificate of ownership has been issued pursuant to this section may apply for registration of the antique motor vehicle or antique motorcycle and the registrar shall accept such certificate of ownership in lieu of certificate of title for purposes of registering such vehicle or motorcycle pursuant to this chapter.

(e) The registrar shall promulgate rules and regulations necessary to carry out this section.

SECTION 3. Section 7A of said chapter 90, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-

The registrar shall establish rules and regulations providing for the periodic inspection of all antique motor vehicles and antique motorcycles; provided, however, that the periodic inspection for antique motor vehicles shall be staggered and the periodic inspection for antique motorcycles shall not be staggered, and shall run from June 1 of each year until May 31 of the following year, inclusive. The registrar shall establish rules and regulations to govern the annual safety and emissions inspections, which shall ensure that an antique motor vehicle or antique motorcycle meets, at a minimum, the required emissions standards, as applicable, in effect at the time of manufacture.  The registrar may adopt additional standards to ensure that other parts or components of the antique motor vehicle or antique motorcycle, as equipped, are in good working order and that the antique motor vehicle or antique motorcycle is safe to operate.

SECTION 4. Section 1 of chapter 90B of the General Laws, as so appearing, is hereby amended by inserting after the definition of “Vessel” the following definition:-

“Antique motorboat”, a motorboat of 14 feet or greater in length that is over 25 years old and is substantially maintained in original or restored condition.

SECTION 5. Said chapter 90B, as so appearing, is hereby amended by inserting after section 3 the following section:-

3A. (a) For purposes of this section, the word “owner” shall mean a person entitled to possession of an antique motorboat.

(b) Notwithstanding section 2 or any other general or special law to the contrary, if the owner of an antique motorboat is unable to obtain a certificate of number for such motorboat because a certificate of title does not exist or the motorboat has not previously been issued a certificate of number by the registrar, the registrar shall issue a certificate of number for such motorboat in accordance with the provisions of this chapter; provided, however, that the registrar has issued a certificate of ownership pursuant to this section prior to the owner’s application for a certificate of number.

(c) (1) An owner of an antique motorboat may apply for a certificate of ownership upon a blank application form to be furnished by the registrar, which shall contain such information as the registrar shall deem necessary. The registrar may waive any information requested on the form if it is not available.

(2) Within 15 days of receipt of an application for certificate of ownership, the registrar may inspect the antique motorboat. If, upon inspection, the registrar has reason to believe that the motorboat was stolen or is comprised of stolen parts the registrar shall not issue the certificate of ownership.

(3) A certificate of ownership issued pursuant to this section shall be delivered to the applicant and shall contain the words “antique motorboat” or “antique motorboat” and any additional information as the registrar shall deem necessary. Upon the reverse side, the certificate of ownership shall contain a blank form for assignment of ownership.

(4) The fee for each original certificate of ownership so issued shall be $40. The certificate of ownership shall be good for the life of the antique motorboat provided that the motorboat is owned or held by the original holder of the certificate of ownership. In the event of a sale or transfer of ownership of an antique motorboat for which a certificate of ownership has been issued, the seller shall endorse the reverse side of the certificate of ownership, as prescribed by the registrar, and deliver the certificate to the buyer at the time of delivery of the antique motorboat. The buyer shall then present the assigned certificate of ownership to the registrar, whereupon a new certificate of ownership shall be issued to the buyer, the fee therefore being $40.

SECTION 6. Section 142K of chapter 111 of the General Laws, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b) No corporation, person or other entity shall sell or offer for sale a motor vehicle or motor vehicle engine, manufactured during or after the first model year that the motor vehicle emissions standards specified in subsection (a) are in effect which is intended for use primarily in the commonwealth and which has not been certified according to regulations promulgated by the department; provided, however, that reasonable exemptions may be made by the department for: (1) out-of-state registered vehicles transferred by inheritance, or by decree of divorce, dissolution or legal separation entered by a court of competent jurisdiction; (2) vehicles purchased by nonresidents prior to establishing residency in the commonwealth; (3) used vehicles, as defined by regulations of the department, which were originally purchased in states with emission standards different from the standards of the commonwealth; and (4) antique motor vehicles and antique motorcycles, as defined in section 1 of chapter 90, which were originally manufactured, in other states or the commonwealth, with emission standards different from the current standards of the commonwealth.  Upon the granting of an exemption from the provisions of this section, a motor vehicle shall forever be exempt. The department may promulgate regulations including, but not limited to, prohibitions on the purchase, importation, delivery, receipt, rental, leasing or acquisition of motor vehicles or motor vehicle engines not in compliance with the provisions of this section.