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Session Law

2006

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Chapter 119 AN ACT PRESERVING FEDERAL HIGHWAY FUNDS AND ENSURING COMPLIANCE WITH THE FEDERAL MOTOR CARRIER SAFETY IMPROVEMENT ACT.

Whereas, The deferred operation of this act would tend to defeat its purpose, which is forthwith to ensure compliance with the federal Motor Carrier Safety Improvement Act and preserve federal highway funds, 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. The second paragraph of section 23 of chapter 90 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the word “ninety B”, in line 45, the following words:- , or pursuant to a violation of section 8, 9 or 11 of chapter ninety F.

SECTION 2. Section 1 of chapter 90F of the General Laws, as so appearing, is hereby amended by striking out, in line 26, the figure “390.5” and inserting in place thereof the following words:- 383.5, as well as any vehicle described in regulations promulgated by the registrar that adopt the applicable federal regulations.

SECTION 3. Said section 1 of said chapter 90F, as so appearing, is hereby further amended by striking out, in line 52, the following words “ , or registered gross weight, whichever is greater.”

SECTION 4. Said section 1 of said chapter 90F, as so appearing, is hereby further amended by inserting after the words “(49 App. USC 1801 et seq.)”, in line 60, the following words:- and any material that has been designated as hazardous under 49 CFR 383.5, including any material that has been designated hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 CFR part 172 or any quantity of a material listed as a select agent or toxin in 42 CFR part 73, as well as any material vehicle described in regulations promulgated by the registrar that adopt the applicable federal regulations.

SECTION 5. Said section 1 of said chapter 90F, as so appearing, is hereby further amended by inserting after the word “speeding,”, in line 90, the following words:- improper or erratic traffic lane changes or following the vehicle ahead too closely.

SECTION 6. Said section 1 of said chapter 90F, as so appearing, is hereby further amended by inserting after the word “regulation”, in line 91, the following words:- ; driving a commercial motor vehicle without obtaining a commercial driver license; driving a commercial motor vehicle without having a commercial driver license in possession; driving a commercial motor vehicle without the proper class or endorsement.

SECTION 7. The definition of “Serious traffic violation” in said section 1 of said chapter 90F, as so appearing, is hereby amended by adding the following sentence:- This definition shall include any and all major disqualifying offenses under 49 CFR 383.5, as well as offenses listed in regulations which the registrar may promulgate to reflect the definition of a serious traffic violation contained in any applicable federal statute or regulation.

SECTION 8. Section 2 of said chapter 90F, as so appearing, is hereby amended by adding the following paragraph:-
Each applicant for a commercial driver license shall certify to the registrar that he does not have a commercial driver license from more than 1 jurisdiction. Each applicant also shall indicate to the registrar the name of all states in which he has been licensed to drive any type of motor vehicle during the 10 years preceding the date of application.

SECTION 9. Section 4 of said chapter 90F, as so appearing, is hereby amended by striking out, in lines 15 and 16, the words “twenty-five hundred dollars” and inserting in place thereof the following words:- from $2,750 to $11,000 inclusive.

SECTION 10. Said section 4 of said chapter 90F, as so appearing, is hereby further amended by adding the following paragraph:-
(D) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty of not more than $10,000.

SECTION 11. The third paragraph of section 8 of said chapter 90F, as so appearing, is hereby amended by adding the following 2 sentences:- The registrar shall not issue a license to operate a commercial motor vehicle before checking all relevant records as prescribed by 49 CFR sections 384.206, 383.71 and 383.73 or in regulations promulgated by the registrar to reflect the applicable federal requirements. The registrar shall request the driving record for the previous 10 years from each state in which such person was previously licensed.

SECTION 12. Said section 8 of said chapter 90F, as so appearing, is hereby further amended by striking out, in lines 28 and 29, the words “had his license or right to operate suspended or revoked” and inserting in place thereof the following words:- been disqualified, is in violation of an out-of-service order or has had his license or right to operate suspended, revoked or canceled.

SECTION 13. Section 9 of said chapter 90F, as so appearing, is hereby amended by striking out subsections (A) and (B) and inserting in place thereof the following 2 subsections:-
(A) Any person, who holds a license to operate a motor vehicle, a license to operate a commercial motor vehicle or is unlicensed, is disqualified from operating a commercial motor vehicle and is prohibited from operating a commercial motor vehicle for a period of not less than 1 year if convicted of a first violation of:
(1) Operating a commercial motor vehicle or a motor vehicle under the influence of alcohol or drugs;
(2) Operating a commercial motor vehicle while the alcohol concentration in the person’s blood or breath is 0.04 or more;
(3) Leaving the scene of an accident involving a commercial motor vehicle or a motor vehicle driven by the person;
(4) Refusing to submit to a chemical test or analysis of the person’s breath or blood after operating a commercial motor vehicle or a motor vehicle; or
(5) Using a commercial motor vehicle or a motor vehicle in the commission of a felony as defined in this chapter.
If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified for a period of 3 years.
(B) Any person shall be disqualified for life if convicted of 2 or more violations of any of the offenses specified in subsection (A), or for 2 or more refusals to submit to a chemical test or analysis of the person’s breath or blood after operating a commercial motor vehicle or a motor vehicle, or any combination of those offenses, arising from 2 or more separate incidents.

SECTION 14. Subsection (E) of said section 9 of said chapter 90F, as so appearing, is hereby amended by adding the following sentence:- The one hundred twenty day disqualification period shall be imposed in addition to any other previously imposed period of disqualification.

SECTION 15. Said section 9 of said chapter 90F, as so appearing, is hereby further amended by striking out, in line 58, the words “one thousand dollars” and inserting in place thereof the following words:- not less than $1,100 and not more than $2,750.

SECTION 16. Subsection (E ½) of said section 9 of said chapter 90F, as so appearing, is hereby amended by adding the following paragraph:-
(4) Any person shall be disqualified from operating a commercial motor vehicle for a period of not less than 60 days if convicted of violating the railroad-highway grade crossing provisions in 49 CFR 383.51 or in regulations promulgated by the registrar to reflect the applicable federal requirements, or for a period of not less than 120 days if convicted of 2 violations of said provisions, or for a period not less than 1 year if convicted of 3 or more violations of said provisions, committed during the operation of a commercial motor vehicle arising from separate incidents occurring within a 3 year period.

SECTION 17. Said section 9 of said chapter 90F, as so appearing, is hereby further amended by adding the following 2 subsections:-
(G) Pursuant to the provisions of 49 CFR 383.52 or any regulations promulgated by the registrar to reflect the applicable federal requirements, the registrar shall disqualify from operating a commercial motor vehicle any driver whose driving is determined by the assistant administrator of the Federal Motor Carrier Safety Administration of the United States Department of Transportation, or his designee, to constitute an imminent hazard. The period of disqualification shall not exceed 30 days, unless the assistant administrator or his designee complies with 49 CFR 383.52 (c). Any disqualification so imposed must be transmitted by the Federal Motor Carrier Safety Administration to the registrar and shall become a part of the driver's record maintained by the registrar. A driver who is simultaneously disqualified under this subsection and pursuant to any other federal or state disqualification from holding a commercial driver license shall serve such disqualification periods concurrently.
(H) The registrar may disqualify and reject any application for commercial licensure by any Massachusetts resident holding a non-commercial driver license who has been convicted of a disqualifying event as defined in 49 CFR 383.51 or in regulations promulgated by the registrar to reflect the applicable federal requirements.

SECTION 18. Said chapter 90F is hereby further amended by striking out section 12, as so appearing, and inserting in place thereof the following section:-
Section 12. Whenever a person holding a commercial driver license issued by another state is convicted of a violation of any law or local ordinance relating to motor vehicle traffic control, other than a parking violation, in either a motor vehicle or a commercial motor vehicle, the registrar shall notify the licensing entity in the state in which the person is licensed of the conviction within 30 days of the date of the conviction.
Whenever a person who does not hold a commercial driver license, but who is licensed to drive by another state, is convicted of a violation in a commercial motor vehicle of any law or local ordinance relating to motor vehicle traffic control, other than a parking violation, the registrar shall notify the licensing entity in the state where the driver is licensed of this conviction within 30 days of the date of the conviction.

SECTION 18A. Said section 12 of said chapter 90F, as inserted by section 18 of this act, is hereby amended, in the first and second paragraphs, by striking out the figure “30” and inserting in place thereof, in each instance, the following figure:- 10.

SECTION 19. Section 13 of said chapter 90F, as so appearing, is hereby amended by adding the following paragraph:-
The registrar shall not mask or defer the recording of convictions on the driving record of the holder of a commercial driver license, in accordance with 49 CFR 384.226 or regulations promulgated by the registrar to reflect the applicable federal requirements. Upon request, the registrar shall furnish, within 30 days of receipt of the request, to any other state, or province or territory of Canada, complete driving records for at least the 10 years preceding the date of the request.

SECTION 20. Section 16 of said chapter 90F, as so appearing, is hereby amended by inserting after the word “licenses”, in line 5, the following words:- , or a valid Licensia Federal de Conductor issued by Mexico that has been recognized by the Administrator of the Federal Motor Carrier Safety Administration as the equivalent of a commercial driver license.

SECTION 21. Section 18A shall take effect on September 30, 2008.

Approved June 21, 2006.

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