Amendment ID: S3029-21
Amendment 21
Modernizing Agricultural Vehicle Use and Overweight Permit Regulations
Messrs. Mark and Fernandes move that the proposed new draft be amended by inserting after section 15 the following sections:-
"SECTION 15A. Notwithstanding any general or special law to the contrary, a farmer or person harvesting agricultural or forest products operating multiple vehicles under a single farm registration issued pursuant to section 1 of chapter 90 shall be required to pay a single overweight permit fee covering all such vehicles; provided, that the fee shall be calculated based on the vehicle with the greatest difference between its registered weight and permitted weight. The registrar shall implement this section using existing farm registration classifications and shall not require separate permits for individual vehicles operating under a single farm registration.
SECTION 15B. Section 30A of chapter 85 of the General Laws is hereby amended by striking the words “or any motor vehicle, trailer, semi-trailer or semi-trailer unit having five or more axles which with its load weighs not more than ninety-nine thousand pounds” and inserting in place thereof the following:- or any motor vehicle, trailer, semi-trailer or semi-trailer unit having five or more axles or operating in combination with a detachable trailer which with its load weighs not more than ninety-nine thousand pounds.
SECTION 15C. Section 19A of chapter 90 of the General Laws is hereby amended by inserting after the words “travel without such a permit” the following words:-
; provided further, that a truck, motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit in combination with a trailer weighing not more than ninety-nine thousand pounds may travel on a public way with such a permit.
SECTION 15D. Section 1 of Chapter 90 of the General Laws, as so appearing in the 2022 Official Edition, is hereby amended by adding the following definitions:-
“Truck-trailer unit”, a motor unit composed of a motor vehicle designed to carry a load and having a minimum of three axles, such as a dump truck, log truck, or other truck, paired with a trailer having a minimum of two axles.
SECTION 15E: Section 30A of Chapter 85 of the General Laws, as so appearing in the 2022 official edition, is hereby amended by striking the words “motor vehicle, trailer, semi-trailer or semi-trailer unit” each time it appears, and inserting in place thereof, in each instance, the words “motor vehicle, trailer, semi-trailer, semi-trailer unit, or truck-trailer unit”.
SECTION 15F: Section 30A of Chapter 85 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by adding at the end the following paragraph:-
Notwithstanding any general or special law to the contrary, the weight threshold for determination of a superload shall be those vehicles at or in excess of one hundred and ninety-nine thousand pounds gross vehicle weight. The department shall also implement an application and fee schedule for expedited superload permits authorized under this section. A superload permit may include conditions and terms as determined by the Administrator; provided further, that allowances shall be made for escort flexibility, where practicable, and engineering studies conducted not older than 12 months prior. For purposes of this section, a “superload” is defined as any vehicle or combination of vehicles which exceed 14 feet in width; or 14 feet in height or greater; or greater than 135 feet in length; or one hundred and ninety-nine thousand pounds or greater in gross vehicle weight; or a combination of the above.
Section 15G: Section 9 of chapter 90 of the General Laws, as appearing in the 2022 Official Edition, is hereby amended by striking the third sentence and inserting in place thereof the following:-
A tractor, trailer, truck or all-terrain vehicle may be operated without such registration upon any way for a distance not exceeding one-half mile, if said tractor, trailer, truck or all-terrain vehicle is used exclusively for agricultural purposes consistent with section 1A of the General Laws chapter 128, or between one-half mile and 10 miles if said tractor, trailer, truck or all-terrain vehicle is used exclusively for such agricultural purposes and the owner thereof maintains in full force a policy of liability insurance which conforms to the provisions of section 113A of the General Laws chapter 175, or for a distance not exceeding three hundred yards, if such tractor, trailer or truck is used for industrial purposes other than agricultural purposes, for the purpose of going from property owned or occupied by the owner of such tractor, trailer or truck to other property so owned or occupied.
For the purposes of this section, an all-terrain vehicle shall include those vehicles known as a quad, quad bike, three-wheeler, four-wheeler, or quadricycle as defined by the American National Standards Institute. Persons utilizing all-terrain vehicles under these provisions shall annually notify the police department in the municipalities in which they are to operate of the public way and sections of public way on which they operate in the course of agricultural purposes. Failure to provide such notification may result in penalties pursuant to the General Laws chapter 90, section 20.
All-terrain vehicles operating under the provisions of this section shall be equipped with a safety flag of not less than 36 square inches in area which shall be elevated to no less than 6 feet from the ground. All-terrain vehicles must be equipped with a flashing red light mounted to the rear of the vehicle. If designed to travel at 25 miles per hour or less, the vehicle shall display a “slow moving vehicle emblem” as governed by the General Laws chapter 90, section 7.
Vehicles traveling on a public way subject to this section, shall be operated by a licensed driver. No all-terrain vehicle may operate on a public way between sunset and sunrise. No all-terrain vehicle may be operated on a public way for recreational or other purposes except as authorized in this section and the General Laws chapter 90B, section 25, regarding crossing road at designated points."