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Ask MAIA - Personal Auto
and RMV
10/23/2012
1
Presented by:Donna M. McKennaMAIA Vice President of Communicationsand Registry Liaison
How do companies determine ACV?
Q. Monica in our office is trying to find out which number from NADA/ Kelley that claims would use to start to establish the actual cash value of a total loss. (I have a client who looked up the blue book value of his car and got
$three options Low retail 30,900, medium retail $36,600, high retail $48,500. He wants to know which of these would be used to determine the actual cash value). Edmunds lists similar figures.
Is there someone in claims that could just let us know which of the three numbers is used for a starting point to determine actual cash value for total loss? I believe it is the middle figure, but want to make sure.
I do understand there are additional things that impact the final number II do understand there are additional things that impact the final number-Iam just looking to determine what is used for a starting point
10/23/2012
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How do companies determine ACV?
A. The Division of Insurance issued the following update in July 2011 to be effective on April 1, 2012:211 CMR 133.05(1), which governs the determination of actual cash value of a damaged motor vehicle, requires that whenever the appraised cost of repair of the vehicle plus the probable salvage value of the vehicle may be reasonably expected to exceed the actual cash value of the vehicle, the insurer shall determine the vehicle's actual cash value. The insurer's determination shall be based on a consideration of all of the following factors:1. The retail book value for a motor vehicle of like kind and quality,
but for the damage incurred;2 The price paid for the vehicle plus the value of prior improvements2. The price paid for the vehicle plus the value of prior improvements
to the motor vehicle at the time of the accident, less appropriate depreciation;
3. The decrease in value of the motor vehicle resulting from prior unrelated damage which is detected by the appraiser; andThe actual cost of purchase of an available motor vehicle of like kind and quality but for the damage sustained.
How do companies determine ACV?
A. Generally speaking, the three different retail cost figures would be based upon the condition of the vehicle. A “cream puff” would be the high retail, a vehicle in “average” condition would be medium, while the “junker” would be low retail. So the “retail book” starting point would be based upon the condition of the vehicle. If the 1989 Porsche is in pristine condition, he could reasonably expect high retail.
Since the Porsche is not quite old enough to be an antique, it’s possible it might be considered a “collector” car … and a recent, reputable appraisal might help him make his case.
10/23/2012
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Adding Coverage – Newly Acquired Auto
Q. I have an personal lines insured who bought a truck in OH - he currently has just comprehensive on the truck it is replacing (will lose possession of old truck & transfer plates to newer one). He wants collision coverage & rental on the new one for when he is driving it back here. Do I need to add collision & rental to the prior truck for him to have full coverage on his drive home? I remember something from seminars years ago, but I can't remember it now.
Also... he called the RMV for another matter and Jonathan (he doesn't know what number he initially called) told him that he doesn't have to lose possession of the old truck to pick up the new one. He just needs to bring plates & registration with him to OH carry bill of sale to newerbring plates & registration with him to OH, carry bill of sale to newer truck with him and he's all set to drive back.... WHATTTT??????? I emailed my client the 7 day rule FAQs. How do we correct Jonathan's misinformation that he is telling people??? (Or has something changed???)
Adding Coverage – Newly Acquired Auto
A. Jonathan is WRONG. I will get that corrected! Why can’t you add collision and rental to the new vehicle? If the dealer (if it’s a dealer sale) or your client it if’s a private sale faxes or emails you a copy of the front and back of the title signed over to him/her along with a request to add the coverage, I don’t see why you can’t add the coverage. The policy defines YOUR Auto as follows:Other words and phrases are defined. They are in boldface when used.5. Your Auto – means:A. The vehicle or vehicles described on the Coverage Selections Page.B. Any auto while used as a temporary substitute for the described
auto while that auto is out of normal use because of a breakdown, repair servicing loss or destruction But the term “your auto” doesrepair, servicing, loss or destruction. But the term your auto does not include a substitute vehicle owned by you or your spouse.
C. A private passenger auto, trailer, motorcycle, pick-up truck, van or similar vehicle, to which you take title or lease as a permanent replacement for a described auto or as an additional auto. We provide coverage for an additional auto only if you ask us to insure it within seven days after you take title or the effective date of the lease.
10/23/2012
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Adding Coverage – Newly Acquired Auto
If a replacement or additional auto is a pick-up truck, van or similar vehicle, it must not be used for the delivery or transportation of goods or materials unless such use is incidental to your business of installing, maintaining or repairing furnishings or equipment.Under Parts 1, 2, 3, 4, 5 and 6 the term “your auto” also includes any trailer not described on the Coverage Selections Page as covered under those Parts.
If your company says you can’t add the coverage because the vehicle can’t be uploaded because it isn’t registered, remind the company representative that coverage is automatic when you take title a permanent replacement vehicle OR an additional vehicle The fact thatpermanent replacement vehicle OR an additional vehicle. The fact that their computer won’t let you upload it until the vehicle is registered is THEIR problem. You can issue a binder when your client is getting a loan to purchase a new vehicle. Hopefully you’re adding the following language to the binder: “Coverage becomes effective upon transfer of title.”
Antique Plates for a Commercial Truck
Q. Is there such thing as an antique plates for a commercial truck? GVW is 40,000? I didn't think it existed, and I looked it up online, and it looks like they are just for private passenger type vehicles.
10/23/2012
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Antique Plates for a Commercial Truck
As long as it is a motor vehicle and it is at least 25 years old, it can have an antique motor car plate as long as it is maintained solely for use in exhibitions, club activities parades, etc. Here is the definition of antique motor car from the Antique Affidavit:
An “antique motor car” is any motor vehicle over twenty-five years old maintained solely for use in exhibitions, club activities, parades, and other functions of public interest. This includes test drives to prepare for such functions and transportation to and from repair facilities, and not used primarily for the transportation of passengers or goods over any way. A motorcycle is eligible for an Antique registration plate.
Here is the definition of motor vehicle from Chapter 90:“Motor vehicles”, all vehicles constructed and designed for propulsion by power other than muscular power including such vehicles when pulled or towed by another motor vehicle, except railroad and railway cars, vehicles operated by the system known as trolley motor or
Antique Plates for a Commercial TruckA. trackless trolley under chapter one hundred and sixty-three or section ten of
chapter five hundred and forty-four of the acts of nineteen hundred and forty-seven, vehicles running only upon rails or tracks, vehicles used for other purposes than the transportation of property and incapable of being driven at
d di t l il h d hi h d l i l fa speed exceeding twelve miles per hour and which are used exclusively forthe building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot; provided, however, that the exception for trackless trolleys provided herein shall not apply to sections seventeen, twenty-one, twenty-four, twenty-four I, twenty-five and twenty-six. The definition of “Motor vehicles” shall not include motorized bicycles. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined Ifwhether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it should be so classified, he may require that it be registered under this chapter, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination.
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Antique Plates for a Commercial TruckA. trackless trolley under chapter one hundred and sixty-three or section ten of
chapter five hundred and forty-four of the acts of nineteen hundred and forty-seven, vehicles running only upon rails or tracks, vehicles used for other purposes than the transportation of property and incapable of being driven at
d di t l il h d hi h d l i l fa speed exceeding twelve miles per hour and which are used exclusively forthe building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways, wheelchairs owned and operated by invalids and vehicles which are operated or guided by a person on foot; provided, however, that the exception for trackless trolleys provided herein shall not apply to sections seventeen, twenty-one, twenty-four, twenty-four I, twenty-five and twenty-six. The definition of “Motor vehicles” shall not include motorized bicycles. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined Ifwhether or not any particular vehicle is a motor vehicle as herein defined. If he determines that it should be so classified, he may require that it be registered under this chapter, but such determination shall not be admissible as evidence in any action at law arising out of the use or operation of such vehicle previous to such determination.
Antique Plates for a Commercial Truck
A. My cousin owns an antique fire truck which he uses for parades and special ceremonies in town, and it is registered with an antique plate. It does not qualify for a personal auto policy, and I’m not sure if it meets the requirements for any of the specialty programs but you could check intorequirements for any of the specialty programs, but you could check into that. It certainly would be cheaper than a business auto policy.
10/23/2012
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BAP and Permissive Use
Q. I have a commercial customer, a corporation in MA. He has a BAP. One of his employee delivers furniture for the business and will occasionally ask if he can stop between deliveries to pick up his son from school. The employee has no PAP as he doesn't own a vehicle Is there coverage underemployee has no PAP as he doesn t own a vehicle. Is there coverage under the BAP if there were to be a BI claim for the child.
BAP and Permissive Use
A. Who is an insured under BAP liability states:1. Who Is An Insured
The following are "insureds":a You for any covered "auto"a. You for any covered auto .b. Anyone else while using with your permission a covered "auto" you
own, hire or borrow except:
So, if employer allows personal use of company vehicle ... then employee is an insured ... if employer (the you) does NOT allow this ... then employee is NOT an insured. It's up to "you“.
The BAP does NOT require business use ... but it DOES require “permission”.The BAP does NOT require business use ... but it DOES require permission .
10/23/2012
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BAP vs. MAPQ. When can you register a business use vehicle on a personal policy? I have an
insured who uses his vehicle for his contractor business. He has ladder racks can he insure this under a personal policy class 30?
BAP vs. MAPA. The CAR and AIB rule ...which MOST companies use ...rule 27 states:
RULE 27. PRIVATE PASSENGER DEFINITIONB A motor vehicle that is a pick up or van that is owned or leased underB. A motor vehicle that is a pick-up or van, that is owned or leased under
contract for a continuous period of at least 12 months by one or more individuals, excluding (1) partnerships, (2) corporations, (3) unincorporated business associations, and (4) other legal business entities with a federal employer identification number, and1. has a gross vehicle weight rating of less than 10,000 pounds or has
a vehicle rating group assigned to it by the Automobile Insurers Bureau of MA (AIB), and
2. is not used for the delivery or transportation of goods or materials2. is not used for the delivery or transportation of goods or materials unless such use is incidental to the insured’s business of installing, maintaining or repairing furnishings or equipment.
C. Gross Vehicle Weight Rating means the value specified by the manufacturer as the loaded weight of a single vehicle.
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BAP vs. MAPSo if the pickup or van is either LESS than 10,000 lbs OR over 10,000 lbs but has an AIB or ISO physical damage rating symbol ... it is ELIGIBLE if registered to a "person" ... and a person means if registered to a sole proprietor it must be to his/her personal driver's license number NOT the Federal ID numberhis/her personal driver s license number NOT the Federal ID numberAND .... it can't be used for delivery … Bringing junk to the jobsite is ok ...this leaves ALL SORTS of business opportunities.
Cancel/Rewrite for SDIP ChangeQ. Can you legally cancel an auto policy mid term to get the benefit of a
change in the SDIP?
10/23/2012
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Cancel/Non-RenewalA. A customer can cancel a policy at any time with 20 days written notice to
the company and more than likely will be charged a short rate penalty (if the company hasn’t removed that section of their rule).
Cancellation
Cancellation of this policy is something you should ordinarily have no reason to worry about.
You can cancel any of the Optional Insurance Parts at any time by giving us or your agent at least twenty days written notice. Because all of the Compulsory Insurance Parts are required, you cannot cancel any ofthe Compulsory Insurance Parts are required, you cannot cancel any of them separately. You can, of course, cancel all of the Compulsory Insurance Parts by giving us or your agent at least twenty days written notice.
Cancel/Non-RenewalA. Before competition, there was a provision in the manual that indicated
that an agent could not cancel and rewrite a policy to take advantage of a general rate reduction. A change in SDIP (points aging off) is not a rate reduction Now that we have managed competition companies set theirreduction. Now that we have managed competition companies set their own rates, and consumers are free to cancel, rewrite, or move to another carrier whenever they want. Some companies still use the short-rate rule, but many others have eliminated it and cancel all policies pro-rata.
10/23/2012
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Ceded Commercial Auto/CAR PolicyQ. I have a client who is incorporated in NH, but has a Certificate of Good
Standing in MA and is qualified to do business here. I was told he does not qualify for a ceded policy because he is a foreign corporation. Is that true?true?
Ceded Commercial Auto/CAR PolicyA. A foreign corporation is not eligible for a CAR ceded policy. Here is the
definition of “eligible risk” under CAR rules:ELIGIBLE RISK means1. Private Passenger – any person who qualifies for a motor vehicle1. Private Passenger any person who qualifies for a motor vehicle
insurance policy under the provisions of G.L. c. 175, § 113H;2. Commercial – any person which has its principal place of business
within the Commonwealth of Massachusetts and which is required by a financial responsibility law as enacted by the legislature of any state or of the United States or by any valid regulation of the Interstate Commerce Commission, United States Department of Transportation, or the Massachusetts Department of Public Utilities to maintain motor vehicle insurance with respect to vehicles owned or leased by it, and registered within or outside of the Commonwealth of Massachusetts. Ordinances or Bylaws, as enacted by any political subdivision of any state, shall not for the purposes of determining eligibility be considered as a financial responsibility law. With respect to both 1. and 2., physical damage coverage is eligible for cession to CAR only when written in conjunction with statutory coverage for the same vehicle. With respect to both 1. and 2., pursuant to G.L. c. 175, §113U, Antique Vehicles do not qualify as an eligible risk.
10/23/2012
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Claim With an Expired License – Is it covered?Q. I have an insured who let a relative used his vehicle he nor she did not
realize her licensed had expired and she was in an at fault accident. Will his company cover him?
Claim With an Expired License – Is it covered?A. If the named insured (you) gave permission of use ... then the MAP will
apply ...ASSUMING that this is NOT a "customary operator" who should have been listed. If this person customarily operates the vehicle ...then the company MAY try to invoke general provision 18 which allows them to denycompany MAY try to invoke general provision 18 which allows them to deny all optional coverages and only provide Part 3 and 4 at the limit they are "required to sell".
I don't know if he can be ticketed for allowing a non-licensed driver to drive ...so sending this to Donna McKenna, VP Communications and Kathy Cormier, Member Support Specialist, who both know registry stuff.
10/23/2012
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Claim With an Expired License – Is it covered?A. One of the provisions of Melanie’s Law (the DUI law) is that you may be
fined and/or imprisoned for allowing an unlicensed person to operate your vehicle. And while it doesn’t specifically say so in the statute, I have to believe that the law is talking about someone who “knowingly” permitsbelieve that the law is talking about someone who knowingly permits unlicensed operation. Was there a ticket issued, and what chapter and section of law appears on the ticket?
It all depends on the police officer at the scene and if they write a ticket.There is a surchargeable offense of “Allowing an unlicensed operator” which could be assigned to the owner of the vehicle. I would need to know if there was a ticket issued and what chapter and section of law the officer cited on the ticket in order to tell you definitely whether they will receive a surcharge.
Claim With an Expired License – Is it covered?A. One of the provisions of Melanie’s Law (the DUI law) is that you may be
fined and/or imprisoned for allowing an unlicensed person to operate your vehicle. And while it doesn’t specifically say so in the statute, I have to believe that the law is talking about someone who “knowingly” permitsbelieve that the law is talking about someone who knowingly permits unlicensed operation. Was there a ticket issued, and what chapter and section of law appears on the ticket?
It all depends on the police officer at the scene and if they write a ticket.There is a surchargeable offense of “Allowing an unlicensed operator” which could be assigned to the owner of the vehicle. I would need to know if there was a ticket issued and what chapter and section of law the officer cited on the ticket in order to tell you definitely whether they will receive a surcharge.
10/23/2012
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Collision or Comprehensive Loss?Q. I had a client that was working on car, chainging oil. Car rolled off ramp
and into tool box causing about $3,000 in damages. Would you consider this a collision or Comp loss -- as COMP reads, first sentence, we will pay for DIRECT AND ACCIDENTAL damage to your auto.DIRECT AND ACCIDENTAL damage to your auto.
Collision or Comprehensive Loss?A. In my opinion, it is a collision loss.
Here’s the definition of collision from the policy:8. Collision – means the accidental upset of your auto or any physical8. Collision means the accidental upset of your auto or any physical contact of your auto with another object.
The first sentence of the collision part says:Under this Part, we will pay for any direct and accidental damage to yourauto caused by a collision.
And the comprehensive describes claims under comprehensive as follows:Under this Part, we will pay for direct and accidental damage to or loss of your auto other than damage caused by collision.
We consider glass breakage when not involving other collision loss, and the following types of losses to be Comprehensive and not Collision losses: losses caused by vandalism, fire and theft, missiles, falling objects, larceny, explosion, earthquake, windstorm, hail, water, flood, malicious mischief, riot or contact with a bird or animal.
10/23/2012
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Collision or Comprehensive Loss?Q. Just checking on your thoughts with this situation. Mass personal auto policy
in the name of Sarah. John, who is a listed driver, lives with Sarah but is NOT related by blood, marriage or adoption.
Sarah & John go on vacation. John happens to pay for the rental vehicle so the rental agreement is put in John’s name. John drives & parks the vehicle. The vehicle experiences a comp claim (back window is shattered).
Do you think Sarah’s comp coverage should apply? I’m questioning there being coverage based on the comprehensive part 9 language “we will also pay for such damage or loss to other private passenger autos while being used by you or a household member with the consent of the owner.” Where John rented the car he isn’t a YOU or HOUSEHOLD MEMBER as defined under the policy. Or does “ being USED by you or a household member” provide coverage since Sarah had been a passenger of the vehicle therefore “using” the vehicle.
Collision or Comprehensive Loss?Q. Just checking on your thoughts with this situation. Mass personal auto policy
in the name of Sarah. John, who is a listed driver, lives with Sarah but is NOT related by blood, marriage or adoption.
Sarah & John go on vacation. John happens to pay for the rental vehicle so the rental agreement is put in John’s name. John drives & parks the vehicle. The vehicle experiences a comp claim (back window is shattered).
Do you think Sarah’s comp coverage should apply? I’m questioning there being coverage based on the comprehensive part 9 language “we will also pay for such damage or loss to other private passenger autos while being used by you or a household member with the consent of the owner.” Where John rented the car he isn’t a YOU or HOUSEHOLD MEMBER as defined under the policy. Or does “ being USED by you or a household member” provide coverage since Sarah had been a passenger of the vehicle therefore “using” the vehicle.
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Collision or Comprehensive Loss?A. Unfortunately, John is only covered under Sarah’s policy when his butt is in
her car. Sarah’s policy would NOT cover the comp. claim on a car rented for a vacation.
If John is NOT married or related to Sarah ... then Sarah's policy will NOT follow him ... household member is defined as RELATED to AND living with ... Listing him is what is necessary for coverage when he drives Sarah's car.
I doubt Sarah's company will pay for damage to car rented in John's name and driven by John when Sarah is merely a passenger ... but you can try.
Does John have a MAP somewhere?
DOT and "Gross Combination" Weight
Q. A client called us because he was stopped by the State Police over the weekend because he was not in compliance with DOT regulations. Aside from the fact that this client is a one-guy operation with a truck and a trailer for his lawn-mowing business, I have to believe that we’re going totrailer for his lawn mowing business, I have to believe that we re going to see a lot more of this! His registered weight is incorrect, and he is getting the correct GVW determined so we can fix it. BUT… the question is about what “gross combination” weight means. We thought it meant the truck plus the load; however, this client was told it also meant the truck plus the trailer weight. of this?
10/23/2012
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DOT and "Gross Combination" Weight
A. The GVWR is the weight of the truck and its heaviest load. The GCWR is the combined weight of the vehicle, its load and the trailer and its load. What your client has to do to be in compliance with these regulations depends upon whether he is operating just in MA or in more than one state. If he’supon whether he is operating just in MA or in more than one state. If he s operating just in MA, he must comply with the provisions of the state regulation (I’ve attached a copy) which requires just about everything required by the federal regulations except the DOT numbers and federal markings. If he’s operating in another state as well, he must comply with the Federal Motor Carrier Safety Regulations … which means DOT numbers, medical cards, vehicle markings and more (see attached chart). Unless you want to become an expert on the Federal Motor Carrier Regulations, I would suggest that you share the attached chart with your client and recommend that he consult with a firm like Fleet Safety Services or The TransportationAdvisor. Both of these firms specialize in commercial vehicle compliance issues and can help your client get into compliance for pretty short money.
DOT and "Gross Combination" Weight
Q. That puts him over 10,001 lbs. so he now is subject to DOT regulations when he’s pulling that trailer. (?!?) We’ve never had a case where a little guy who does lawn-mowing for friends and family has to go through all of the medical card, signage, inspections etc. that we see with the biggerthe medical card, signage, inspections etc. that we see with the bigger guys. Has the state been cracking down and applying the definition because they can? Fortunately, they did not fine him, and he just has to submit all his updated paperwork within 10 days. We want to be prepared if we should be making some of our other clients aware of this.
10/23/2012
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DOT and "Gross Combination" Weight
A. Well, it worked for the little guys until MA adopted the federal regulations as their own. I would have to say that most small landscapers were affected in one way or another. Unfortunately, many of these “little guys” are insured on a personal auto policy because the qualify for it … but they stillinsured on a personal auto policy because the qualify for it … but they still must comply with the state or federal regulations. And many must also comply with the commercial vehicle inspection requirements. I’ve also attached a copy of the MA commercial motor vehicle regulation.
Lettering on Commercially Registered Vehicles
Q. Can you help clarify something I can’t seem to get a straight answer on?1. What is the RMV regulation on commercially registered private
passenger type vehicle?2. Do these vehicles need lettering on them just to park in commercial2. Do these vehicles need lettering on them just to park in commercial
zones? Or do they need lettering on them for all usage?3. Does it matter if the vehicle is registered under the name of an
individual?4. Do the same regulations apply to pick-up trucks?
10/23/2012
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Lettering on Commercially Registered Vehicles
Q. Can you help clarify something I can’t seem to get a straight answer on?1. What is the RMV regulation on commercially registered private
passenger type vehicle?2. Do these vehicles need lettering on them just to park in commercial2. Do these vehicles need lettering on them just to park in commercial
zones? Or do they need lettering on them for all usage?3. Does it matter if the vehicle is registered under the name of an
individual?4. Do the same regulations apply to pick-up trucks?
Lettering on Commercially Registered Vehicles
A. The Registry rule is that a private passenger vehicle would not qualify for a private passenger plate UNLESS it has markings on it. As far as parking in commercial zones, every city has its own commercial parking regulation. Your client would have to check with the city in which he/she hopes to useYour client would have to check with the city in which he/she hopes to use commercial parking in order to be sure the vehicle meets the requirement. Most cities have a parking clerk who would be able to provide the requirements. If a vehicle is registered to an individual, there would have to be something about the vehicle that required a commercial plate … like vehicle markings. I’ve attached a copy of the plate definition regulation which you might find helpful. Massachusetts also has a markings regulation which applies only to commercial motor vehicles with a carrying capacity (payload) of more than 2,000 lbs. And, yes, the same requirements apply to pickup trucks.
10/23/2012
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License Surrender
Q. I am writing for a girl in my office. Her mother in law is having some issues with dementia. She has had 3 accidents since 2/2010. Her most recent was 9/25/2011 but she really does not even remember the accident. This weekend she thought she was in an accident but could notaccident. This weekend she thought she was in an accident but could not remember where the car was. Through extensive detective work by my employee, they were able to determine that she was not in an accident but did get a flat. She abandoned the vehicle but could not remember where it was. As you can see it is important to take her license. Anyhow, I do remember someone telling me there is a few ways to have her license revoked or suspended. I know she can voluntarily do it. Do you know what the steps are for that? I also remember there was a way to have it involuntarily revoked. If she doesn’t surrender it, they may need to go this route. Do you know the steps for that?
License Surrender
A. The Medical Affairs department of the RMV just released a new form for a Voluntary Surrender of a license that allows the person to get a free MA ID (form 21860 )
If they will not voluntarily surrender their license you have two other options.1. They can request a Medical Evaluation of the person in question and
they will be identified as the person requesting the evaluation (form 21788), or
2. They can contact the Physician who works with the mother and request that they complete a Medical Evaluation (form 20221)… This way it’s the doctor’s office filing the form with the RMV, and it’s not showing that a family member wanted the license taken.
10/23/2012
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Ask MAIA
• This is a TINY sampling of the thousands of questions agents ask MAIA every year. We have posted a document on our website with all of the questions asked to date on our website. It’s in Adobe Acrobat format and is key-word searchable and will be an excellent knowledge-base for all agencies.searchable and will be an excellent knowledge base for all agencies.
• Here is the website address:
• massagent.com /info/qa2012.pdf
Ask MAIA
Thanks for attending!
If you have additional questions or need more information, you may email me at dmckenna@ massagent.com or reach meyou may email me at dmckenna@ massagent.com or reach me by phone at 800-972-9312 or 508-634-2900.
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he v
ehic
le t
ools
, sup
plie
s,
mat
eria
ls o
r eq
uipm
ent
are
tran
spor
ted
to o
r fr
om a
job
site
, or
are
stor
ed f
or u
se
at a
job
site
; pro
vide
d th
at t
rans
port
atio
n to
or
stor
age
for
use
at a
per
sona
l
proj
ect
for
whi
ch n
o co
mpe
nsat
ion
is r
ecei
ved
shal
l not
be
cons
ider
ed in
co
nnec
tion
wit
h th
e “j
ob s
ite”
; (e
) A
ny v
ehic
le, i
f on
the
roof
or
side
s of
the
veh
icle
, too
ls, s
uppl
ies,
mat
eria
ls o
r eq
uipm
ent
are
tran
spor
ted
to o
r fr
om a
job
site
, or
are
stor
ed fo
r us
e at
a jo
b si
te;
prov
ided
tha
t tr
ansp
orta
tion
to
or s
tora
ge fo
r us
e at
a p
erso
nal p
roje
ct fo
r w
hich
no
com
pens
atio
n is
rec
eive
d sh
all n
ot b
e de
emed
in c
onne
ctio
n w
ith
a “j
ob s
ite”
; (f
) A
veh
icle
whi
ch h
as b
usin
ess
adve
rtis
emen
ts o
r bu
sine
ss m
arki
ngs
ther
eon;
pr
ovid
ed h
owev
er t
hat
mar
king
s lim
ited
to
the
nam
e, a
ddre
ss, t
elep
hone
nu
mbe
r, a
nd lo
go o
f any
cor
pora
tion
who
se p
erso
nal p
rope
rty
is e
xem
pt f
rom
ta
xati
on u
nder
G.L
. Cha
pter
59,
§5,
Cla
use
Thir
d or
Ten
th s
hall
not
be
cons
ider
ed b
usin
ess
adve
rtis
emen
ts o
r bu
sine
ss m
arki
ngs
for
purp
oses
of
540
CM
R 2
.05;
(g
) A
veh
icle
use
d fo
r hi
re t
o pl
ow;
(h)
A v
ehic
le u
sed
for
hire
to
tran
spor
t or
sto
re g
oods
, war
es o
r m
erch
andi
se,
prov
ided
tha
t if
the
vehi
cle
is o
wne
d by
an
indi
vidu
al, h
as a
max
imum
load
ca
rryi
ng c
apac
ity
of 1
,000
pou
nds
or le
ss, a
nd is
so
used
on
only
a p
art-
tim
e
basi
s, s
uch
vehi
cle
shal
l not
be
deem
ed a
com
mer
cial
veh
icle
und
er 5
40 C
MR
2.
05(3
)-co
mm
erci
al v
ehic
le (
h). “
Part
-tim
e ba
sis”
sha
ll m
ean
that
not
mor
e th
an
40%
of
the
tota
l usa
ge o
f the
veh
icle
is d
evot
ed t
o th
e tr
ansp
orti
ng o
r st
orin
g of
go
ods,
war
es o
r m
erch
andi
se.
(i)
A v
ehic
le u
sed
to t
rans
port
or
stor
e go
ods,
war
es o
r m
erch
andi
se in
tend
ed
for
sale
in t
he o
rdin
ary
cour
se o
f the
veh
icle
ope
rato
r’s o
r ow
ner’s
bus
ines
s,
prov
ided
tha
t if
the
vehi
cle
is o
wne
d by
an
indi
vidu
al, h
as a
max
imum
load
ca
rryi
ng c
apac
ity
of 1
,000
pou
nds
or le
ss, a
nd is
so
used
on
only
a p
art-
tim
e
basi
s, s
uch
vehi
cle
shal
l not
be
deem
ed a
com
mer
cial
veh
icle
und
er 5
40 C
MR
2.
05(3
)-co
mm
erci
al v
ehic
le (
i). “
Part
-tim
e ba
sis”
sha
ll m
ean
that
not
mor
e th
an
fort
y pe
rcen
t of
the
tot
al u
sage
of
the
vehi
cle
is d
evot
ed t
o th
e tr
ansp
orti
ng o
r st
orin
g of
goo
ds, w
ares
or
mer
chan
dise
So
urce
540
CM
R 2
.05
Co
mm
erci
al
Po
licy
Eli
gib
ilit
y Th
is s
ecti
on a
pplie
s to
all
truc
ks, i
nclu
ding
pic
kup,
pan
el a
nd v
an t
ypes
, tr
uck-
trac
tors
, tra
ilers
and
sem
itra
ilers
exc
ept
for
the
follo
win
g:
A.
Aut
os u
sed
for
publ
ic t
rans
port
atio
n. R
efer
to
the
publ
ic
tr
ansp
orta
tion
sec
tion
. B
. A
utos
leas
ed o
r re
nted
to
othe
rs b
y le
asin
g or
ren
tal
conc
erns
. Ref
er
to
the
leas
ing
or r
enta
l con
cern
s ru
le in
th
e Sp
ecia
l Typ
es S
ecti
on.
C.
Indi
vidu
ally
ow
ned
pick
ups,
pan
el t
ruck
s or
van
s.
R
efer
to
the
Priv
ate
Pass
enge
r A
utom
obile
Ins
uran
ce M
anua
l. D
. Se
lf-p
rope
lled
vehi
cles
wit
h th
e fo
llow
ing
type
s of
perm
anen
tly
atta
ched
equ
ipm
ent.
Ref
er t
o th
e sp
ecia
l or
mob
ile e
quip
men
t ru
le.
1.
Eq
uipm
ent
desi
gned
pri
mar
ily fo
r:
a.
Snow
rem
oval
b.
R
oad
mai
nten
ance
, but
not
con
stru
ctio
n or
res
urfa
cing
;
c.
St
reet
cle
anin
g;
2.
C
herr
y pi
cker
s an
d si
mila
r de
vice
s m
ount
ed o
n au
tom
obile
or
truc
k ch
assi
s an
d us
ed t
o ra
ise
of lo
wer
wor
kers
.
3.
Air
com
pres
sors
, pum
ps a
nd g
ener
ator
s, in
clud
ing
spra
ying
,
wel
ding
, bui
ldin
g cl
eani
ng, g
eoph
ysic
al
expl
orat
ion,
ligh
ting
and
wel
l ser
vici
ng e
quip
men
t.
Sour
ce:
M
assa
chus
etts
Com
mer
cial
Aut
omob
ile
Insu
ranc
e M
anua
l
23
Com
mer
cial
Mot
or V
ehic
les
Def
initi
on:
Com
mer
cial
mot
or v
ehic
le m
eans
any
sel
f-pr
opel
led
or t
owed
mot
or v
ehic
le u
sed
on a
hig
hway
in in
ters
tate
com
mer
ce t
o tr
ansp
ort
pass
enge
rs o
r pr
oper
ty w
hen
the
vehi
cle
--
(1)
Has
a g
ross
veh
icle
wei
ght
ratin
g or
gro
ss c
ombi
natio
n w
eigh
t ra
ting,
or
gros
s ve
hicl
e w
eigh
t or
gro
ss c
ombi
natio
n w
eigh
t, o
f 4,
536
kg (
10,0
01 p
ound
s)
or
mor
e, w
hich
ever
is g
reat
er;
or
(2)
Is
desi
gned
or
used
to
tran
spor
t m
ore
than
8 p
asse
nger
s (in
clud
ing
the
driv
er)
for
com
pens
atio
n; o
r
(3)
Is
desi
gned
or
used
to
tran
spor
t m
ore
than
15
pass
enge
rs, i
nclu
ding
the
driv
er, a
nd is
not
use
d to
tra
nspo
rt p
asse
nger
s fo
r co
mpe
nsat
ion;
or
(4
) I
s us
ed in
tra
nspo
rtin
g m
ater
ial f
ound
by
the
Secr
etar
y of
Tra
nspo
rtat
ion
to b
e ha
zard
ous
unde
r 49
U.S
.C. 51
03 a
nd
tran
spor
ted
in a
qua
nti
ty
requ
irin
g pl
acar
din
g un
der
regu
latio
ns p
resc
ribed
by
the
Secr
etar
y un
der
49 C
FR, s
ubtit
le B
, ch
apte
r I,
sub
chap
ter
C.
Veh
icle
s w
ith
a G
VW
R o
f 10
,001
—2
6,00
0 lb
s D
OT
Regi
stra
tion
R
equi
red
Com
mer
cial
Driv
er L
icen
se
N
ot R
equi
red*
Ve
hicl
e M
arki
ngs
R
equi
red—
In a
dditi
on t
o le
gal n
ame
and
USD
OT
#, t
here
are
new
spe
cial
mar
king
s re
quire
men
ts
for
truc
ks m
akin
g de
liver
ies
and
park
ing
in p
ublic
are
as in
NYC
— t
he v
ehic
le
mus
t ha
ve t
he o
wne
r’s n
ame
in a
dditi
on t
o th
e le
ssee
’s
Spec
ial S
afet
y Eq
uipm
ent
and
New
MA
Com
mer
cial
Veh
icle
Ins
pect
ion
requ
ired
Insp
ectio
ns
in li
eu o
f Fe
dera
l Ann
ual I
nspe
ctio
n w
ith c
opy
of
insp
ectio
n re
port
in v
ehic
le
Med
ical
Cer
tific
ate
&
Requ
ired
to b
e ca
rrie
d by
driv
er
Valid
Driv
er’s
Lic
ense
Su
bsta
nce
& A
lcoh
ol T
estin
g:
Not
Req
uire
d*
Fina
ncia
l Res
pons
ibili
ty
Requ
ired
of f
or-h
ire m
otor
car
riers
tra
nspo
rtin
g
pr
oper
ty in
ters
tate
—Se
e 49
CFR
387
*E
xcep
tions
: V
ehic
les
carr
ying
pla
card
able
am
ount
s of
haz
ardo
us m
ater
ials
and
ve
hicl
es c
arry
ing
16 p
asse
nger
s (in
clud
ing
driv
er)
Veh
icle
s w
ith
a G
VW
R o
f 26
,001
lbs
or h
igh
er
DO
T Re
gist
ratio
n
Req
uire
d Co
mm
erci
al D
river
Lic
ense
Req
uire
d w
ith a
ppro
pria
te li
cens
e cl
ass
for
ve
hicl
e si
ze a
nd w
eigh
t Ve
hicl
e M
arki
ngs
R
equi
red—
In a
dditi
on t
o le
gal n
ame
and
USD
OT
#, t
here
are
new
spe
cial
mar
king
s re
quire
men
ts
for
truc
ks m
akin
g de
liver
ies
and
park
ing
in p
ublic
are
as in
NYC
— t
he v
ehic
le
mus
t ha
ve t
he o
wne
r’s n
ame
in a
dditi
on t
o th
e le
ssee
’s
Spec
ial S
afet
y Eq
uipm
ent
and
New
MA
Com
mer
cial
Veh
icle
Ins
pect
ion
requ
ired
Insp
ectio
ns
in li
eu o
f Fe
dera
l Ann
ual I
nspe
ctio
n w
ith c
opy
of
insp
ectio
n re
port
in v
ehic
le
Med
ical
Cer
tific
ate
&
Requ
ired
to b
e ca
rrie
d by
driv
er
Valid
Driv
er’s
Lic
ense
Su
bsta
nce
& A
lcoh
ol T
estin
g
Requ
ired—
incl
udin
g sc
ient
ifica
lly-b
ased
ra
ndom
tes
ting
plus
tes
ting
for
pre-
empl
oym
ent,
po
st-a
ccid
ent
and
othe
r si
tuat
ions
Se
e 49
CFR
382
and
40
Fina
ncia
l Res
pons
ibili
ty
Requ
ired
of f
or-h
ire m
otor
car
riers
tra
nspo
rtin
g
pr
oper
ty in
ters
tate
Se
e 49
CFR
387
2011
Edi
tion
24
App
lies
to A
ll C
omm
erci
al M
otor
Veh
icle
s 1
1–
Ho
ur
Dri
vin
g R
ule
§
39
5.3
(a)
All
tim
e sp
ent
at t
he d
rivi
ng c
ontr
ols
of a
com
mer
cial
mot
or v
ehic
le in
op
erat
ion
is c
onsi
dere
d dr
ivin
g tim
e. A
dri
ver
oper
atin
g in
inte
rsta
te
com
mer
ce c
anno
t dr
ive
a pr
oper
ty-c
arry
ing
com
mer
cial
mot
or v
ehic
le
for
mor
e th
an 1
1 ho
urs
follo
win
g 10
con
secu
tive
hou
rs o
ff d
uty.
Ex
cept
ions
exi
st for
: Adv
erse
dri
ving
con
dition
s (3
95.1
(b))
1
4–
Ho
ur
On
-Du
ty R
ule
39
5.3(
a)
The
purp
ose
of t
his
hour
s-of
-ser
vice
rul
e, a
s w
ith
the
11–h
our
driv
ing
rule
, is
to
keep
fat
igue
d dr
iver
s of
f th
e hi
ghw
ays.
The
14-h
our
rule
pr
ohib
its
the
driv
er o
f a
prop
erty
-car
ryin
g co
mm
erci
al m
otor
veh
icle
, op
erat
ing
in in
ters
tate
com
mer
ce,
from
drivi
ng a
fter
the
14t
h
cons
ecut
ive
hour
aft
er fir
st c
omin
g on
dut
y fo
llow
ing
10 c
onse
cutive
ho
urs
off du
ty.
The
14-h
our
peri
od is
con
secu
tive
— it
incl
udes
all
on-d
uty
and
off-
duty
tim
e ac
crue
d af
ter
com
ing
on d
uty.
Of th
ose
14 h
ours
, 11
may
be
spe
nt d
rivi
ng.
The
14–h
our
rule
is o
ften
mis
unde
rsto
od t
o m
ean
that
a d
rive
r m
ust
be r
elea
sed
from
dut
y af
ter
14 h
ours
. H
owev
er,
the
hour
s-of
-ser
vice
ru
les
only
reg
ulat
e dr
ivin
g, n
ot w
orki
ng.
A d
rive
r ca
n do
non
–dri
ving
w
ork
beyo
nd t
he 1
4–ho
ur li
mit,
just
no
mor
e dr
ivin
g.
10
Co
nse
cuti
ve H
ou
rs O
ff D
uty
Te
n (1
0) c
onse
cutive
hou
rs o
ff d
uty,
in a
sle
eper
ber
th,
or a
ny
com
bina
tion
of
the
tw
o eq
ualin
g 10
con
secu
tive
hou
rs w
ill r
e-se
t a
driv
er’s
11-
hour
dri
ving
and
14-
hour
on
duty
clo
cks.
Th
e ke
y w
ord
to r
emem
ber
is C
ON
SEC
UT
IVE
.
60
–H
ou
r/7
-Day L
imit
or
70
-Ho
ur/
8-D
ay
Lim
it §3
95.3
(b)
&
§395
.5(b
) U
nder
the
fed
eral
hou
rs-o
f-se
rvic
e ru
les,
the
drive
r of
a
com
mer
cial
mot
or v
ehic
le m
ay n
ot d
rive
aft
er h
avin
g be
en o
n du
ty
for
60 h
ours
in a
ny 7
con
secu
tive
day
s or
for
70
hour
s in
any
8
cons
ecut
ive
days
. A
dri
ver
who
has
rea
ched
thi
s lim
it m
ust
take
tim
e of
f be
fore
get
ting
bac
k be
hind
the
whe
el.
A d
rive
r ca
n do
non
–dri
ving
w
ork
afte
r re
achi
ng t
he li
mit a
nd n
ot b
e in
vio
lation
, bu
t th
ose
hour
s m
ust
be a
dded
to
the
tota
l. A c
ompa
ny t
hat
does
not
ope
rate
com
mer
cial
mot
or v
ehic
les
ever
y da
y of
the
wee
k m
ust
use
the
60–h
our/
7–da
y sc
hedu
le.
A c
ompa
ny
that
ope
rate
s ve
hicl
es e
very
day
of th
e w
eek
may
use
the
60–
hour
/
7–da
y sc
hedu
le o
r 70
-hou
r/8-
day
sche
dule
.
Ap
ple
s to
All
Co
mm
erc
ial M
oto
r V
eh
icle
s Th
e 7
cons
ecut
ive
days
doe
s no
t m
ean
a w
eek
(Sun
day
thro
ugh
Sat
urda
y),
it m
eans
any
7–c
onse
cutive
–day
per
iod.
Thu
s, a
dri
ver
does
n't
ever
rea
lly "
star
t ov
er"
coun
ting
tot
al h
ours
(un
less
the
dri
ver
can
take
adv
anta
ge o
f th
e “r
esta
rt”
option
des
crib
ed b
elow
). T
he
olde
st d
ay's
hou
rs jus
t dr
op o
ut o
f co
nsid
erat
ion
as e
ach
new
day
's
hour
s ar
e ad
ded.
3
4-H
ou
r R
est
art
Fo
r P
rop
ert
y C
arr
iers
(§
39
5.3
(c))
D
rive
rs o
f pr
oper
ty-c
arry
ing
com
mer
cial
mot
or v
ehic
les
invo
lved
in
inte
rsta
te c
omm
erce
hav
e an
opt
ion
that
allo
ws
them
to
rese
t th
eir
accu
mul
ated
on-
duty
tim
e. T
his
option
, kn
own
as t
he 3
4-h
our
rest
art
prov
isio
n, s
ays
that
onc
e a
driv
er h
as 3
4 co
nse
cuti
ve h
ours
off d
uty,
he
/she
may
“re
star
t” t
he 7
-con
secu
tive
-day
(or
8-c
onse
cutive
-day
) pe
riod
. Aft
er t
he 3
4-ho
ur p
erio
d, t
he o
n-du
ty h
ours
wor
ked
befo
re
that
34-
hour
per
iod
star
ted
no lo
nger
hav
e to
be
cons
ider
ed w
hen
calc
ulat
ing
the
driv
er’s
60-
hour
(or
70-
hour
) lim
it.
Effe
ctiv
e O
ctob
er 1
, 20
05,
a dr
iver
can
use
the
34-h
our
rest
art
option
no
mat
ter
how
man
y ho
urs
have
bee
n ac
cum
ulat
ed a
gain
st t
he 6
0 or
70
-hou
r lim
its.
Pri
or t
o th
at d
ate,
dri
vers
had
to
be u
nder
the
60
or
70-h
our
limits
befo
re s
tart
ing
the
34-h
our
off-
duty
per
iod.
1
00
Air
–M
ile R
ad
ius
Dri
ver
§3
95
.1(e
) A d
rive
r is
not
req
uire
d to
cre
ate
a st
anda
rd lo
g if
the
follo
win
g
criter
ia a
re m
et:
1.
The
driv
er o
pera
tes
withi
n a
100
air–
mile
rad
ius
of t
he n
orm
al
wor
k re
port
ing
loca
tion
; 2.
Th
e dr
iver
ret
urns
to
the
wor
k re
port
ing
loca
tion
and
is
re
lease
d f
rom
wo
rk w
ith
in 1
2 c
on
secu
tive h
ou
rs.
If t
he d
rive
r exce
ed
s th
e 1
2 c
on
secu
tive
ho
ur
lim
it o
n a
ny
giv
en
day,
a
dri
ver
reco
rd o
f d
uty
sta
tus
(lo
g)
is r
eq
uir
ed
fo
r th
at
day;
3.
A p
rope
rty-
carr
ying
com
mer
cial
mot
or v
ehic
le d
rive
r ha
s at
leas
t 10
con
secu
tive
hou
rs o
ff d
uty
sepa
rating
eac
h 12
hou
rs o
n du
ty,
and
does
not
exc
eed
11 h
ours
max
imum
dri
ving
tim
e fo
llow
ing
10
cons
ecut
ive
hour
s of
f du
ty;
4.
A p
asse
nger
-car
ryin
g co
mm
erci
al m
otor
veh
icle
dri
ver
has
at le
ast
8 co
nsec
utiv
e ho
urs
off
duty
sep
arat
ing
each
12
hour
s on
dut
y, a
nd
does
not
exc
eed
10 h
ours
max
imum
dri
ving
tim
e fo
llow
ing
8
cons
ecut
ive
hour
s of
f du
ty;
5.
The
mot
or c
arri
er m
aint
ains
tim
e re
cord
s fo
r 6
mon
ths
show
ing:
Th
e tim
e th
e dr
iver
rep
orts
for
dut
y ea
ch d
ay;
The
tim
e th
e dr
iver
is r
elea
sed
from
dut
y ea
ch d
ay;
Tota
l num
ber
of h
ours
on
duty
eac
h da
y;
25
App
lies
to A
ll C
omm
erci
al M
otor
Veh
icle
s
Tota
l tim
e on
dut
y fo
r th
e pr
eced
ing
7 da
ys f
or d
rive
rs u
sed
for
the
first
tim
e or
inte
rmitte
ntly
. Ti
me
reco
rds
are
not
requ
ired
for
day
s on
whi
ch t
he d
rive
r do
es
not
wor
k. D
rive
rs a
re n
ot r
equi
red
to h
ave
copi
es o
f th
e tim
e
reco
rds
in t
heir
pos
sess
ion.
A d
rive
r ca
n cr
oss
a st
ate
line
and
still
com
e un
der
the
100
air–
mile
ra
dius
exe
mpt
ion,
if t
he fiv
e cr
iter
ia li
sted
abo
ve a
re m
et.
A 1
00
air
–m
ile r
ad
ius
dri
ver
is n
ot
exem
pt
fro
m t
he 6
0–
ho
ur/
7
–d
ay
or
70
-ho
ur/
8–
day l
imit
. 10
0 ai
r m
iles
are
equi
vale
nt t
o 11
5.08
sta
tute
mile
s.
16
-Ho
ur
Sh
ort
-Hau
l E
xce
pti
on
§3
95
.1(o
) Fo
r dr
iver
s of
pro
pert
y-ca
rryi
ng c
omm
erci
al m
otor
veh
icle
s (C
MVs)
w
ho d
rive
loca
lly,
ther
e is
an
exce
ptio
n to
the
14-h
our
rule
(w
hich
re
quir
es t
hat
driv
ers
of p
rope
rty-
carr
ying
CM
Vs
stop
dri
ving
upo
n re
achi
ng t
he 1
4th
cons
ecut
ive
hour
aft
er fir
st c
omin
g on
dut
y).
The
so-c
alle
d “s
hort
-hau
l” e
xcep
tion
allo
ws
thes
e dr
iver
s to
ext
end
the
14-h
our
period
by
two
hour
s on
ce p
er w
eek,
und
er c
erta
in c
ondi
tion
s.
A d
rive
r ca
n dr
ive
a CM
V a
fter
the
14t
h ho
ur a
fter
com
ing
on d
uty,
bu
t no
t af
ter
the
16th
hou
r, I
F he
or
she:
W
as r
elea
sed
from
dut
y at
the
nor
mal
wor
k re
port
ing
loca
tion
for
th
e pr
evio
us 5
dut
y to
urs,
and
R
etur
ns t
o th
e no
rmal
wor
k re
port
ing
loca
tion
and
is r
elea
sed
from
dut
y w
ithi
n 16
hou
rs,
and
H
as n
ot u
sed
this
exc
eption
in t
he p
revi
ous
6 co
nsec
utiv
e da
ys,
exce
pt f
ollo
win
g a
34-h
our
rest
art.
D
rivers
cla
imin
g t
his
exce
pti
on
rem
ain
su
bje
ct t
o t
he 1
1-h
ou
r d
rivin
g l
imit
, b
ut
they e
ssen
tiall
y h
ave a
n e
xtr
a t
wo
ho
urs
in
w
hic
h t
o c
om
ple
te t
hat
dri
vin
g.
N
ote
that
a 3
4-ho
ur r
esta
rt w
ill a
llow
a d
rive
r to
use
thi
s e
xcep
tion
m
ore
than
onc
e ev
ery
7 da
ys,
but
a re
star
t w
ill n
ot a
ffec
t th
e
requ
irem
ent
that
the
dri
ver
mus
t ha
ve r
etur
ned
to t
he n
orm
al w
ork
repo
rtin
g lo
cation
for
the
pre
viou
s 5
duty
tou
rs.
Sh
ort
-hau
l d
rive
rs w
ho
no
rmall
y u
se t
he 1
00
-air
-mil
e
exce
pti
on
an
d d
o n
ot
com
ple
te a
sta
nd
ard
gri
d l
og
wil
l h
ave
to
co
mp
lete
a l
og
on
days
wh
en
th
ey u
se t
he s
ho
rt-h
au
l
exce
pti
on
, b
eca
use
th
ey
are
wo
rkin
g b
eyo
nd
th
e 1
2-h
ou
r li
mit
(s
ee t
he 1
00
-air
-mil
e-r
ad
ius
dri
ver
top
ic f
or
mo
re
info
rmati
on
).
App
lies
to A
ll C
omm
erci
al M
otor
Veh
icle
s N
ote
: Th
ere
is n
o de
finitio
n of
“sh
ort
haul
” or
“no
rmal
wor
k re
port
ing
loca
tion
.” T
hese
ter
ms
are
gene
rally
und
erst
ood
to r
efer
to
driv
ers
who
sta
rt f
rom
and
ret
urn
to t
he s
ame
loca
tion
on
a da
ily b
asis
.
No
n-C
DL-
Dri
ver
Sh
ort
-Hau
l Exce
pti
on
(15
0-A
ir-M
ile
Rad
ius
§
39
5.1
(e)(
2)
For
driv
ers
of p
rope
rty-
carr
ying
com
mer
cial
mot
or v
ehic
les
who
sta
y w
ithi
n a
150-
air-
mile
rad
ius
and
are
not
requ
ired
to
carr
y a
co
mm
erci
al d
rive
r’s
licen
se (
CD
L),
ther
e is
an
exce
ptio
n to
the
rec
ord
of d
uty
stat
us (
log)
and
14-
hour
rul
es,
effe
ctiv
e O
ctob
er 1
, 20
05.
Un
der
this
exce
pti
on
, d
rive
rs a
re a
llo
wed
to
exte
nd
th
e 1
4-
ho
ur
peri
od
by
2 h
ou
rs t
wic
e p
er
week,
an
d a
re a
llo
wed
to
m
ain
tain
tim
e r
eco
rds
inst
ead
of
log
s.
Non
-CD
L dr
iver
s in
clud
e th
ose
who
ope
rate
pro
pert
y-ca
rryi
ng
com
mer
cial
mot
or v
ehic
les
that
wei
gh m
ore
than
10,
001
poun
ds b
ut
less
tha
n 26
,000
pou
nds,
incl
udin
g m
any
box
truc
ks a
nd d
eliv
ery
ve
hicl
es.
Sp
eci
fic
Req
uir
em
en
ts
A d
rive
r w
ho o
pera
tes
a pr
oper
ty-c
arry
ing
com
mer
cial
mot
or v
ehic
le
for
whi
ch a
CD
L is
not
req
uire
d un
der
Part
383
is e
xem
pt f
rom
the
log
requ
irem
ents
in §
395.
8 an
d th
e 14
-hou
r ru
le in
§39
5.3(
a)(2
) if:
T
he d
rive
r op
erat
es w
ithi
n a
150
air-
mile
rad
ius
(172
.6 s
tatu
te
m
iles)
of
the
loca
tion
whe
re t
he d
rive
r re
port
s to
and
is r
elea
sed
fr
om w
ork,
i.e.
, th
e no
rmal
wor
k re
port
ing
loca
tion
; an
d
The
driv
er r
etur
ns t
o th
e no
rmal
wor
k re
port
ing
loca
tion
at
the
en
d of
eac
h du
ty t
our;
and
The
driv
er d
oes
not
driv
e af
ter
the
14th
hou
r af
ter
com
ing
on d
uty
on
5 d
ays
of a
ny p
erio
d of
7 c
onse
cutive
day
s, o
r af
ter
the
16th
hour
aft
er c
omin
g on
dut
y on
2 d
ays
of a
ny p
erio
d of
7
co
nsec
utiv
e da
ys;
and
Th
e m
otor
car
rier
tha
t em
ploy
s th
e dr
iver
mai
ntai
ns for
6 m
onth
s
accu
rate
rec
ords
sho
win
g th
e tim
e th
e dr
iver
rep
orts
for
dut
y
each
day
, th
e to
tal n
umbe
r of
hou
rs t
he d
rive
r is
on
duty
eac
h
day,
and
the
tim
e th
e dr
iver
is r
elea
sed
from
dut
y ea
ch d
ay (
and
th
e to
tal t
ime
for
the
prec
edin
g 7
days
for
dri
vers
use
d fo
r th
e
first
tim
e or
inte
rmitte
ntly
, pe
r §3
95.8
(j)(
2)).
D
rivers
usi
ng
th
is e
xce
pti
on
rem
ain
su
bje
ct,
in e
ffect
, to
th
e
10
-ho
ur
off
-du
ty r
ule
, th
e 1
1-h
ou
r d
rivin
g r
ule
, an
d t
he 6
0/
7
0-h
ou
r lim
its
in §
39
5.3
. A
vio
lati
on
of
tho
se r
ule
s w
ill
neg
ate
th
e d
river’
s ab
ilit
y t
o c
laim
th
e e
xce
pti
on
.
Any
7-c
onse
cutive
-day
per
iod
may
be
rese
t w
ith
34 c
onse
cutive
ho
urs
off du
ty.
26
27
28
29
30
540 CMR: REGISTRY OF MOTOR VEHICLES
540 CMR 14.00: MOTOR CARRIER SAFETY AND HAZARDOUS MATERIAL TRANSPORTATION
Section
14.01: Purpose 14.02: Scope and Applicability 14.03: Adoption and Incorporation of Federal Regulations as State Regulations 14.04: State Exemptions Applicable Only to Intrastate Commerce 14.05: Penalties14.06: Conflict with Other State Regulations and Application of Federal Standards 14.07: Enforcement
14.01: Purpose
540 CMR 14.00 is adopted by the Registrar of Motor Vehicles pursuant to M.G.L. c. 90, § 31, to establish rules and regulations governing the use and operation of certain motor vehicles, trailers and commercial motor vehicles, and motor carrier safety and the transportation of hazardous materials by motor carriers in both intrastate and interstate commerce upon the public ways of the Commonwealth of Massachusetts. 540 CMR 14.00 is adopted to reduce the number and severity of accidents and hazardous materials incidents involving commercial vehicles, consistent with the Federal Motor Carrier Safety Regulations and the Federal Hazardous Materials Regulations issued by the United States Department of Transportation.
14.02: Scope and Applicability
(1) 540 CMR 14.00 applies to: (a) motor carriers operating commercial motor vehicles and persons who drive commercial motor vehicles as, for, or on behalf of motor carriers, upon the ways of the Commonwealth. (b) all motor carriers and shippers transporting hazardous materials, under the Hazardous Materials Regulations of the United States Department of Transportation, Parts 171 through 179 of Title 49, Code of Federal Regulations, by motor vehicles upon the ways of the Commonwealth (c) common and contract carriers by motor vehicle, and private carriers of property and passengers by motor vehicle.
(2) (a) As used in 540 CMR 14.00, “commercial motor vehicle” shall mean: 1. a motor vehicle with a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more used for the transportation of property, or 2. a motor vehicle designed to transport more than 15 passengers, including the driver, or3. a motor vehicle used in the transportation of hazardous materials in a quantity requiring placarding under the Federal Hazardous Materials Transportation Act (49 U.S.C. App.1801-1813).
(b) It is the intent that the term “commercial motor vehicle” as used in 540 CMR 14.00 shall have the same meaning as in Part 390.5 of Title 49, Code of Federal Regulations, as it may be amended, and to the extent there is a conflict between the two at any time, the definition in 49 CFR Part 390.5 shall control.
14.03: Adoption and Incorporation of Federal Regulations as State Regulations
Subject only to the specific exceptions and limitations expressly stated in 540 CMR 14.00, the Federal Motor Carrier Safety Regulations, Parts 382, 390 through 397 of Title 49, Subchapter B of Chapter III, Code of Federal Regulations, and the highway related portions of the Federal Hazardous Materials Regulations, Parts 171 through 179 of Title 49, Subchapter C of Chapter I, Code of Federal Regulations, as they may be amended, are incorporated by reference as the regulations of the Registry of Motor Vehicles governing motor carrier safety and the transportation of hazardous materials upon the ways of the Commonwealth of Massachusetts in both intrastate and interstate commerce.
31
540 CMR: REGISTRY OF MOTOR VEHICLES
14.04: State Exemptions Applicable Only to Intrastate Commerce
(1) Drivers of vehicles engaged only in intrastate commerce within the Commonwealth shall be exempt from the following Federal regulations:
(a) the 21 year age requirement contained in CFR 49 § 391.11(b)(1). (b) the ability to read and speak the English language contained in CFR 49 § 391.11(b)(2); however, this exemption shall not apply to any person operating a motor vehicle used for the transportation of hazardous material. (c) the road test requirement contained in CFR 49 §§ 391.11(b)(10) and 391.31. (d) the requirements for waivers of certain physical defects contained in CFR 49 § 391.49. Waivers of the provisions of 49 CFR §§ 391.41, 391.43 and 391.45 shall be granted by the Registrar of Motor Vehicles as follows:
1. The Registrar may issue an intrastate waiver for a vision impairment if the applicant has a combined horizontal peripheral field of vision of not less than 120°, provided the applicant also has a distant visual acuity of at least 20/40 (Snellen) in either eye, with or without corrective lenses, and the ability to distinguish the colors red, green, and amber. 2. The Registrar may issue an intrastate waiver for a diabetic condition if the applicant submits a written statement from his or her physician (defined in 540 CMR 24.02) which:
a. provides specific reasons as to why the applicant is not at risk or is no longer at risk of suffering hypoglycemic spells or episodes; and b. recommends a specific date for the Registry to re-evaluate the applicant’s ability to operate a commercial motor vehicle safely.
3. The Registrar may issue an intrastate waiver for a cardiovascular condition if the applicant does not have an implanted cardiac defibrillator and does not have Class III or Class IV heart disease according to the American Heart Association functional guidelines for classifying heart disease. 4. The Registrar may issue an intrastate waiver for applicants with a loss or impairment of limb, so long as such loss or impairment of limb is not likely to interfere with the safe operation of a commercial motor vehicle. 5. Applicants with conditions specified in 540 CMR 14.04(1)(d), may obtain an intrastate waiver provided that the condition will not interfere with the safe operation of a commercial motor vehicle, as certified by their physician. 6. Intrastate waivers shall not be applicable to school bus operator certificates. 7. The Registrar or his designee may require such evidence of satisfaction of the medical qualification criteria as he deems appropriate, or may modify these standards. 8. The terms used in 540 CMR 14.04(1)(d) shall have the same meaning as defined in 540 CMR 24.00. 9. Medical Qualifications Applicable to Existing Intrastate Medical Waivers. An individual who is unable to meet the medical qualification standards of 540 CMR 14.04(1)(d)1. through 4., but who held a valid intrastate medical waiver as of the effective date of 540 CMR 14.04(1)(d), shall be eligible to retain or renew such intrastate medical waiver, provided:
a. he or she satisfies the following medical qualification standards: i. Visual acuity of 20/40 in the better eye with a total field of 120°; ii. Insulin dependant diabetes that is under control; iii. Minor afflictions such as loss of finger; iv. Any other condition that the Registry determines in an individual case will not interfere with the safe operation of a commercial motor vehicle.
b. he or she provides a certification from his or her physician that, to a reasonable degree of medical certainty, the individual is medically qualified to safely operate a commercial motor vehicle; and c. the Registry has no other cause to believe, based upon the individual’s driving history or otherwise, that the individual cannot safely operate such motor vehicle.
14.05: Penalties
(1) Subject to 540 CMR 14.05(2), the penalties and provisions contained in M.G.L. c. 90, §§ 2, 9 and 20, shall apply to the enforcement of 540 CMR 14.00. If the Registrar determines that a commercial motor vehicle is unsafe, improperly equipped, or unfit to be operated, he or she may refuse to register such commercial motor vehicle or, if it is already registered, may suspend or revoke its registration.
32
540 CMR: REGISTRY OF MOTOR VEHICLES
14.05: continued
(2) Penalties for violation of the rules and regulations pertaining to the transportation of hazardous materials shall be those provided in M.G.L. c. 85, §2 B for the transportation of unsafe materials or products, and those provided in M.G.L. c. 90, § 2, pertaining to the right of the Registrar to refuse to register a vehicle or, if already registered, to suspend or revoke such registration.
14.06: Conflict with Other State Regulations and Application of Federal Standards
540 CMR 14.00 establishes minimum standards for motor carrier safety and hazardous materials transportation. Motor carriers, drivers, shippers and any other persons subject to 540 CMR 14.00 must comply with the laws and regulations of the Commonwealth, and in the event of a conflict between 540 CMR 14.00 and any other regulation or law of the Commonwealth, the stricter, more stringent standard shall apply.
14.07: Enforcement
540 CMR 14.00 shall be enforced only by police officers of the Commonwealth who have satisfactorily completed a course of instruction in Federal Motor Carrier Safety regulations, safety inspection procedures, and out-of-service criteria, as prescribed by the U. S. Department of Transportation, Federal Highway Administration, Office of Motor Carriers. Each police officer shall be recertified annually. 540 CMR 14.07 shall not limit the power of the Registrar to withhold, suspend or revoke registrations, or take any other action authorized by law.
REGULATORY AUTHORITY
540 CMR 14.00: M.G.L. c. 90, § 31.
33
540 CMR Registry of Motor Vehicles
2.22: Markings on Commercial Vehicles (1) Marking. The owner of every motor truck used for the transportation of goods, wares or merchandise for hire, gain or reward, shall have the owner's name marked on the truck, to be plainly visible from each side or from the front and rear of the vehicle, provided that motor trucks operated under a lease of more than 30 days shall display either the name of the owner or the lessee, and may display both. For the purpose of 540 CMR 2.22(1), Motor Truck shall mean any motor vehicle specially designed or equipped to transport personal property over the ways of the Commonwealth and which has a maximum load carrying capacity of over 2,000 pounds, and which is not a Private Passenger Motor Vehicle under 540 CMR 2.05. To the extent there is any conflict between. 540 CMR 2.22 and any federal regulation pertaining to markings on commercial motor vehicles, the federal regulation shall control. (2) Penalty. The penalty for a violation of 540 CMR 2.22 is set forth in M.G.L. c. 90, § 20.
34
