Budget Amendment ID: FY2013-S4-463
TRP 463
RMV Licensing and Registration Requirements
Ms. Flanagan moved that the proposed new text be amended by inserting after section 77 the following 3 sections:-
“SECTION 77A. Section 2 of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the first and second paragraphs and inserting in place thereof the following 2 paragraphs:—
Applications for the registration of motor vehicles and trailers may be made by the owner thereof. If the owner is a corporation, sole proprietorship or business entity, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the corporation, sole proprietorship or business entity and the full address, including the street, city or town, state and zip code. If the owner is a sole proprietorship, the application shall contain a social security number and contain an employer identification number or federal tax identification number from the Internal Revenue Service, if one has been issued. If the applicant is a natural person, the application shall contain, in addition to such other particulars as may be required by the registrar, the name of the applicant, full residential address, date of birth and license number or identification card number issued by the registrar, if such license or card has been issued. The application of a natural person shall also contain the apartment number or unit number if the applicant’s address is in an apartment house, family hotel, condominium or a residential flat, or is in a combined business and residential property. Except as otherwise provided in this chapter, no registration shall be issued to a natural person for a motor vehicle or trailer unless such person holds a license, identification card issued under section 8E, social security card issued by Social Security Administration, or other proof of legal residence; provided, however, that the registrar shall provide by regulation for exemptions for out-of-state students, military personnel, senior citizens and disabled persons. The application shall also contain a brief description of the motor vehicle or trailer to be registered, including the name of the maker, such number or numbers as may be required by the registrar to properly identify the vehicle, the character of the motor power and the type of transmission, and shall also contain a statement signed by the applicant under the penalties of perjury that there are no outstanding excise tax liabilities on said motor vehicle which have been incurred by the applicant, any member of his immediate family who is a member of the applicant’s household, or any business partner of the applicant. The registration fee as required in section 33 shall accompany such application. Applicants for registration shall also comply with the provisions of chapter 90D.
The registrar or his duly authorized agents shall keep a record of motor vehicles and trailers that satisfy the application requirements, assign to each motor vehicle and trailer a distinguishing mark or number to be known as the register number for that vehicle, and shall thereupon issue to the applicant a certificate of registration. If the owner is a corporation, sole proprietorship or business entity the certificate shall contain the name and address of the corporation, sole proprietorship or business entity, and the register number or mark, and shall be in such form and contain such further information as the registrar may determine. If the owner is a natural person, the certificate shall contain the name, place of residence and address of the applicant and the register number or mark, and shall be in such form and contain such further information as the registrar may determine.
SECTION 77B. Section 12 of said chapter 90, as so appearing, is hereby amended by striking out subsections (a) and (b) and inserting in place thereof the following subsections:—
(a) Whoever knowingly employs for hire as a motor vehicle operator any person not licensed in accordance with this chapter shall be punished by a fine of not more than $750 and, for a second or subsequent violation, by a fine of not less than $750 nor more than $1,500 or imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment.
(b) Whoever knowingly permits a motor vehicle owned by him or under his control to be operated by a person who is unlicensed or whose license has been suspended or revoked shall be punished by 1 year in the house of correction and a fine of not more than $750 for a first offense or, for a second or subsequent offense by a fine of not less than $750 and not more than $1,500 or imprisonment in a house of correction for not more than 2 1/2 years, or both such fine and imprisonment.
SECTION 77C. Section 20 of said chapter 90, as so appearing, is hereby amended by striking out, in line 10, the words “of not less than $100 nor more than $1,000” and inserting in place thereof the following words:- by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $1,000, for a second offense, by a fine of not less than $1,000 nor more than $2,000, for any subsequent offense.”; and
by inserting after section 78 the following section:-
“SECTION 78A. Section 24B of said chapter 90, as so appearing, is hereby amended by inserting after the first paragraph the following paragraph:-
Whoever falsely makes, steals, alters, forges or counterfeits a learner’s permit, a license to operate motor vehicles or an identification card issued under section 8E with the intent to distribute such learner’s permit, license to operate motor vehicles or identification card or knowingly assists another to do so, shall be punished as follows: (i) for acts involving 1 to 5 documents, by a fine of not more than $500 or by imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment; (ii) for acts involving 6 to 10 documents, by a fine of not more than $1,000 or by imprisonment in the state prison for not more than 5 years or in the house of correction for not more than 2 1/2 years, or both such fine and imprisonment; (iii) for acts involving more than 10 documents, by a fine of not more than $10,000 or by imprisonment in the state prison for not more than 15 years, or both such fine and imprisonment.”; and
by inserting after section 155 the following 2 sections:-
“SECTION 155A. The registrar shall promulgate regulations pursuant to the sixth sentence of section 2 of chapter 90 no later than November 1, 2012.
SECTION 155B. Section 77A shall apply to registrations issued or renewed on or after November 1, 2012.”