The laws and
regulations listed below are some of the ones most frequently referenced.
The list is
not intended to describe all applicable laws or regulations.
Chapter
90: Motor Vehicles
Section 2 - Registration of Motor
Vehicles (7-Day Transfer Law)
Section 5 - General Registrations and General Registration Plates
Section 7N - Voiding Contracts of Sale
Section 7N ¼ - Warranties on Used
Motor Vehicles
Section 7N ½ - Defective or
Malfunctioning New Motor Vehicles
Chapter
90D: Motor Vehicle Titles
Section 15 (a) - Transfer of Title
Section 16 - Dealers; Assignment
and Warranty of Title; Record of Transactions
Chapter
140: Dealer Licensing
Section 58 - Classes of Licenses
Section 59 - Licensing Authority of City/Town
(Licenses; Term; Fees, etc.
Section 59A- Licensing of Motor Vehicle Junkyards
Section 62 - Record Keeping
Section 66 – Certain Authorities May Enter
Licensed Premises; Examination
Section 67 – Penalty for Refusal to Allow Entry
or Examination
Section 67A – Removal of
Registration Number Plates & VIN Plates from Vehicles to be Junked
540 CMR Chapter 18.00: RMV
Regulations
Selected Portions of RMV Regulations
Relating to Dealers
RMV Regulations Applicable to ALL Section 5
Classes
Posting
Date: 2/4/08
Selected
Statutes and Regulations (or portions thereof) Relevant to Motor Vehicle
Dealers. (see 540 CMR 18.00 at end for
Regulations Relevant to all Section 5 Classifications)
Selected
Portions of RMV Regulations Relating to Dealers
(see
the complete set of RMV Regulations (540 CMR 18.00) relating to all Section
5 Classifications at end of document.
[The selected Regulations
posted here are taken from 540 CMR and apply to Dealers who apply for or
have received Dealer General Registration Plates. (Some portions of these
excerpts may also apply to other Section 5 classifications.) The Regulations
are authorized by the authority granted to the Registrar in Chapter 90, Section
5. They were current on the date of posting and are believed to accurately
reflect the content of the official regulations published by the Secretary of
the Commonwealth. An official version of these regulations can be obtained at:
State Bookstore, State House, Room 116, Boston, MA 02133, 617-727-2834, Hours:
Monday-Friday, 8:45 am to 5:00pm]
540
CMR 18.00: MINIMUM STANDARDS FOR
THE ISSUANCE AND USE OF GENERAL REGISTRATIONS AND GENERAL REGISTRATION NUMBER PLATES
ISSUED UNDER THE PROVISIONS OF M.G.L. c. 90, § 5
(NOTE: Sections not applying to Dealers have been
have been deleted)
18.02: Application
for General Registrations and General Registration Number Plates and
Definitions
(1)(a) General
Requirements. Applicants shall complete and submit to the Registrar the prescribed
application form for general registrations and number plates, together with the
following:
1. If
the applicant is a corporation, limited liability company or limited liability
partnership, a copy of the applicable Articles of Organization, Certificate of
Organization, or Registration filed with the Secretary of State for the
Commonwealth.
2. If
the applicant is either an individual or an entity conducting business under a
trade name, a copy of the business certificate issued by the municipality where
the applicant conducts or will be conducting business.
3. A
copy of any permit, including any occupancy permit or license, required by any
federal, state or local law for engaging in the particular business.
4. The
applicant's employer tax identification number (EIN).
5. Any
photographs or diagrams of the property where the applicant conducts its
business, which reasonably depict the location of buildings and entrances to the
property and to the buildings, and photographs of the applicant's motor
vehicles or trailers, if the Registrar believes that the diagrams or
photographs may be useful in determining whether the applicant qualifies for
the general registration and general registration number plates, or whether any
of the motor vehicles or trailers require a compliance decal.
(b) Changes
in Name, Address, Ownership.
1. A
holder shall notify the Registrar, in writing, within 30 days of any of the
following:
a. a
change in the name or address of the business;
b. a
transfer of the business or a change of ownership, including a change in the
form of ownership: however, a transfer of less than a majority interest in a
corporation shall not be considered a change of ownership;
c. the
dissolving of the business or the ceasing of regular business activity;
d. the
termination of a Class 1 automobile franchise agreement.
2. A
holder shall provide the Registrar with copies of the applicable new dealer or
repairer's license, business certificate, Articles of Organization, Certificate
of Organization, or Registration, reflecting the change.
(c) Entry
Upon Premises. Applicants and
holders shall permit any law enforcement officer or any agent designated by the
Registrar to enter the premises during regular business hours to determine
compliance with M.G.L. c. 90, § 5 or 540 CMR 18.00
(d) Definitions. As used in 540 CMR 18.00, the following terms
have the following meaning:
Holder: a person who possesses a validly issued
general registration and general registration number plate(s) for the current
registration period.
Owner: a person who owns a motor vehicle or trailer
and, unless otherwise provided by the context, includes a plate holder who is
leasing a vehicle at market rates.
Principally
and substantially engaged in the business of: an applicant or holder must be engaged in the
type of business for which the general registration and general registration
number plates are authorized to the extent that a reasonable person, unfamiliar
with the nature of the business, would conclude from an inspection of the
premises during normal business hours, that the primary or chief activity
conducted on the premises is the same activity for which the general
registration is authorized.
(2) Specific
Requirements.
(a) Motor
Vehicle Dealers. To receive or retain a dealer's general registration and
general registration number plates, a dealer, as defined in M.G.L. c. 90, § 1,
shall satisfy the following conditions:
1. The
dealer is licensed under M.G.L. c. 140, § 59, by the municipality in which the
business is or will be conducted, and provides the Registrar with a copy of the
then current license upon initial application and at the time of each renewal.
2. The
dealer provides the Registrar with a copy of a franchise agreement letter from
the manufacturer, if the dealer is a Class 1 licensed dealer.
3. The
dealer is principally and substantially engaged in the business of
manufacturing, buying, selling or exchanging motor vehicles or trailers and is
not in violation of any applicable law.
4. The
dealer's business is situated within a permanent building or permanently
affixed structure, including an office trailer, owned or leased by the dealer
for the dealer's exclusive use and located at the address of record noted on
the dealer's license. Except for a
dealer who exchanges vehicles or trailers solely on a wholesale basis, the
dealer shall be open to the public. The
building, structure, or office trailer shall have adequate office space to
conduct the business. If more than one
business is located within the same building or structure, the dealer shall
maintain a separate and exclusive entrance, unless the multiple businesses are
owned or controlled by the same principals.
5. Subject
to any municipal regulation, ordinance or bylaw, and except for a dealer who
exchanges motor vehicles or trailers solely on a wholesale basis, the dealer
shall display a permanently affixed exterior sign of sufficient size and design
to give the general public notice of the name and nature of the business.
6. Except
for a dealer who exchanges motor vehicles or trailers solely on a wholesale
basis, the dealer shall have an area to display the vehicles offered for sale,
which cannot be shared with any other business unless a physical separation
exists. Vehicles cannot be offered for
sale at any other location; however, this shall not prohibit a dealer from
transporting and offering vehicles for sale at a recognized automobile auction
facility, or a combined dealer special sale event.
7. The
dealer maintains a system of vouchers, approved by the Registrar, which shall
be carried by any operator of a motor vehicle. A copy of the vouchers shall be
retained by the dealer on the licensed premises.
8. The
dealer complies with the motor vehicle or parts retention requirements of
M.G.L. c.140, § 61, and records requirements of M.G.L. c.140, § 62, by
maintaining either a bound record book or printouts produced by a computerized
records system, in a form authorized by the Registrar.
...
(e) Recreational Vehicle
Dealers, Recreational Trailer Dealers, Boat Dealers, and Boat Trailer Dealers. To receive or retain a general registration
and general registration number plates, a dealer in recreational vehicles or
trailers or boats or boat trailers shall satisfy the following conditions:
1. The
dealer is principally and substantially engaged in the business of selling
recreational vehicles and recreational trailers or boats and boat trailers.
2. The
dealer has suitable premises to conduct the business, which shall include an
office for the maintenance of records of sale transactions.
3. If
the dealer's business is located within a building or structure shared with
another business, the dealer maintains a separate and exclusive entrance,
unless the multiple businesses are owned by the same principals.
4. The
dealer has an area to display the vehicles or trailers offered for sale.
5. Subject
to any municipal regulation, ordinance or bylaw, the dealer displays a
permanently affixed exterior sign of sufficient size and design to give the
general public notice of the name and nature of the business.
(f) Trailer
Dealers. To receive or retain a dealer's general registration or general
registration number plates, a trailer dealer, as defined in M.G.L. c. 90, § 1,
shall satisfy the following conditions:
1. The
dealer is principally and substantially engaged in the business of buying,
selling or exchanging trailers.
2. The
dealer has suitable premises to conduct the business which shall include an
office for the maintenance of records of sales.
3. The
dealer has an area to display the trailers offered for sale.
4. Subject
to any municipal regulation, ordinance or bylaw, the dealer displays a permanently
affixed exterior sign of sufficient size and design to give the general public
notice of the name and nature of the business.
18.04: Display
and Use of General Registration Number Plates
(1) Display
of Plates.
(a) General
registration number plates shall be displayed in accordance with the provisions
of M.G.L. c. 90, §§ 5 and 6.
(b) The
Registrar may issue a combined temporary general registration number plate and
permit to temporarily replace a lost, stolen, illegible or mutilated plate and
may set the terms and conditions for the use of a temporary plate and for its
return.
(c) Operation
of any vehicle displaying a temporary plate after the plate expiration date
shall be prima facie evidence that the vehicle is unregistered.
(d) Upon
the earlier of the receipt of a permanent replacement general registration
number plate, or the expiration date of the temporary plate, the temporary
plate and permit shall be void and shall be surrendered to the Registrar.
(2) Use
of General Registration Number Plates: General Restrictions.
(a) Unless
otherwise authorized in 540 CMR 18.00 no person, business or corporation shall
loan, let for hire or rent any general registration number plate or allow such
a plate to be attached to a motor vehicle in any manner in violation of 540 CMR
18.00. Such plate misuse shall be
considered a violation of M.G.L. c. 90, § 23.
(b) General
registrations, general registration number plates and permits for temporary
number plates are not transferable. They
shall be surrendered to the Registrar if the business, as described in the
registration certificate, is sold, ceases to operate, or if any applicable
license or permit is suspended or revoked by the issuing authority.
(c) A
general registration plate may not be displayed on a vehicle which is borrowed
or which is leased at less than market rates. The holder has the burden of proving that a lease is at market
rates. Acceptable evidence may include
generally accepted trade publications covering lease transactions in the
relevant geographical area for motor vehicles or trailers of a similar year,
make, model and lease period.
(3) Use
of General Registration Plates: Specific
Restrictions.
(a)
1. A dealer, manufacturer, dealer in boats and boat trailers
or a dealer in recreational vehicles and recreational vehicle trailers, who has
received a general registration number plate may operate or tow a motor vehicle
or trailer which is owned by the dealer or manufacturer and is operated
principally for demonstration or sale related purposes. A dealer who has
received a general registration number plate may not operate a motor vehicle
owned by the dealer as equipment utilized in the operation of the business of
said dealer, such as a courtesy bus or parts or service vehicle, using the
general dealer's registration number
plate; however, a dealer may operate a motor vehicle owned by the dealer using
the plate for the purpose of removing snow from the business property.
2. A
motorcycle dealer whose inventory includes an automobile or pick-up truck may
attach a motorcycle general registration plate to the automobile or pick-up
truck if the vehicle is operated for demonstration or sale related purposes;
the dealer license issued by the city or town under M.G.L. c. 140, § 59
authorizes the motorcycle dealer to also sell automobiles of pick-up trucks;
and the dealers insurance coverage allows use of the plate or automobiles or
pick-up trucks.
3. A
motor vehicle dealer whose inventory includes a motorcycle may attach a general
registration plate of standard size to the motorcycle if the motorcycle is
operated for demonstration or sale related purposes; the dealer license issued
by the city or town under M.G.L. c. 140, § 59 authorizes the dealer to
also sell motorcycles; and the dealer’s insurance coverage allows use of the
plate on motorcycles.
(c) A
general registration holder shall display the validation sticker assigned by
the Registrar to the left of the general registration number on the general
registration plate so that the current year validation sticker covers the prior
year's validation sticker.
18.05: Penalties
(1) In
addition to any other penalty provided by law, the Registrar, after notice and
opportunity for a hearing, may suspend, revoke, or refuse to renew a general
registration and general registration number plate(s) if he or she has reason
to believe that the holder has violated the provisions of M.G.L. c. 90, §§ 5 or 6, or 540 CMR 18.00.
(2) Suspension
of a general registration or general registration number plate shall be for a
fixed period of time; however, if the general registration holder is required
to perform specific acts as a term of the suspension, or to provide
documentation to bring the holder into compliance with either M.G.L. c. 90, §§
5 or 6 or 540 CMR 18.00, the suspension may be for an indefinite period until
the Registrar is satisfied that the holder has satisfied the requirements. Upon suspension of a general registration,
the holder must return the master certificate of registration and all issued
general registration plates to the Registrar. If one or more plates is suspended, only the specific plate(s) that is
suspended must be returned to the Registrar. Although a suspension shall be effective as of the date specified in the
notice for purposes of prohibiting use of the affected registration and plates,
no time shall be credited to the holder's suspension period until the holder
returns the registration or plates as required. An affidavit subscribed and sworn to under penalties of perjury shall be
required from a suspended registration holder who asserts that a master
certificate of registration, or one or more registration plates, has been lost
or stolen, and if stolen, the holder must also provide a copy of a theft report
filed with the appropriate police department. A holder who is under a
suspension order may not be granted a general registration of any type, may not
renew a suspended registration, and may not be granted additional plates during
the suspension period. The Registrar may
refuse to issue a general registration to an applicant if the Registrar has
reason to believe that the applicant is acting as an undisclosed agent for a
holder who is the subject of a current suspension order.
(3) Upon
revocation of a general registration, the holder must return the master
certificate of registration and all general registration number plates to the
Registrar. Revocation of a holder's
registration shall be for not less than 12 months. Although a revocation shall
be effective as of the date specified in the notice for purposes of prohibiting
the use of the registration or plates, no time shall be credited to the
holder's period of revocation until the holder has returned the master
certificate of registration and all registration plates. An affidavit subscribed and sworn to under
penalties of perjury shall be required from a revoked registration holder who
asserts that a master certificate of registration, or one or more registration
plates, has been lost or stolen, and if stolen, the holder must also provide a
copy of a theft report filed with the appropriate police department. A holder who is under a revocation order may
not be granted a general registration of any type during the revocation
period. The Registrar may refuse to
issue a general registration to an applicant if the registrar has reason to
believe that the applicant is acting as an undisclosed agent for a former
holder who is the subject of a current revocation order.
Posting
Date: 2/4/08
540 CMR 18.00 et. seq. RMV Regulations Applicable to ALL Section 5 Classes
540
CMR 18.00: MINIMUM STANDARDS FOR
THE ISSUANCE AND USE OF GENERAL REGISTRATIONS AND GENERAL REGISTRATION NUMBER
PLATES ISSUED UNDER THE PROVISIONS OF M.G.L. c. 90, § 5
Section
18.01: Scope
and Purpose
18.02: Application
for General Registrations and General Registration Number Plates and
Definitions
18.03: Compliance
Decals
18.04: Display
and Use of General Registration Number Plates
18.05: Penalties
18.01: Scope
and Purpose
(1) Scope
and Purpose. 540 CMR 18.00 is
adopted by the Registrar of Motor Vehicles to provide uniform procedures and
requirements for the application and issuance of general registrations and
general registration number plates under M.G.L. c. 90, § 5, and to regulate the
use of those plates.
18.02: Application
for General Registrations and General Registration Number Plates and
Definitions
(1)(a) General
Requirements. Applicants shall complete and submit to the Registrar the prescribed
application form for general registrations and number plates, together with the
following:
1. If
the applicant is a corporation, limited liability company or limited liability
partnership, a copy of the applicable Articles of Organization, Certificate of
Organization, or Registration filed with the Secretary of State for the
Commonwealth.
2. If
the applicant is either an individual or an entity conducting business under a
trade name, a copy of the business certificate issued by the municipality where
the applicant conducts or will be conducting business.
3. A
copy of any permit, including any occupancy permit or license, required by any
federal, state or local law for engaging in the particular business.
4. The
applicant's employer tax identification number (EIN).
5. Any
photographs or diagrams of the property where the applicant conducts its
business, which reasonably depict the location of buildings and entrances to
the property and to the buildings, and photographs of the applicant's motor
vehicles or trailers, if the Registrar believes that the diagrams or
photographs may be useful in determining whether the applicant qualifies for
the general registration and general registration number plates, or whether any
of the motor vehicles or trailers require a compliance decal.
(b) Changes
in Name, Address, Ownership.
1. A
holder shall notify the Registrar, in writing, within 30 days of any of the
following:
a. a
change in the name or address of the business;
b. a
transfer of the business or a change of ownership, including a change in the
form of ownership: however, a transfer of less than a majority interest in a
corporation shall not be considered a change of ownership;
c. the
dissolving of the business or the ceasing of regular business activity;
d. the
termination of a Class 1 automobile franchise agreement.
2. A
holder shall provide the Registrar with copies of the applicable new dealer or
repairer's license, business certificate, Articles of Organization, Certificate
of Organization, or Registration, reflecting the change.
(c) Entry
Upon Premises. Applicants and
holders shall permit any law enforcement officer or any agent designated by the
Registrar to enter the premises during regular business hours to determine
compliance with M.G.L. c. 90, § 5 or 540 CMR 18.00
(d) Definitions. As used in 540 CMR 18.00, the following terms have the following
meaning:
Holder: a person who possesses a validly issued
general registration and general registration number plate(s) for the current
registration period.
Owner: a person who owns a motor vehicle or trailer
and, unless otherwise provided by the context, includes a plate holder who is
leasing a vehicle at market rates.
18.02: continued
Principally and
substantially engaged in the business of: an applicant or holder must be engaged in the type of business for which
the general registration and general registration number plates are authorized
to the extent that a reasonable person, unfamiliar with the nature of the
business, would conclude from an inspection of the premises during normal
business hours, that the primary or chief activity conducted on the premises is
the same activity for which the general registration is authorized.
Repairer: shall have the same meaning as repairman as
defined by M.G.L. c. 90, § 1.
(2) Specific
Requirements.
(a) Motor
Vehicle Dealers. To receive or retain a dealer's general registration and
general registration number plates, a dealer, as defined in M.G.L. c. 90, § 1,
shall satisfy the following conditions:
1. The
dealer is licensed under M.G.L. c. 140, § 59, by the municipality in which the
business is or will be conducted, and provides the Registrar with a copy of the
then current license upon initial application and at the time of each renewal.
2. The
dealer provides the Registrar with a copy of a franchise agreement letter from
the manufacturer, if the dealer is a Class 1 licensed dealer.
3. The
dealer is principally and substantially engaged in the business of
manufacturing, buying, selling or exchanging motor vehicles or trailers and is
not in violation of any applicable law.
4. The
dealer's business is situated within a permanent building or permanently
affixed structure, including an office trailer, owned or leased by the dealer
for the dealer's exclusive use and located at the address of record noted on
the dealer's license. Except for a
dealer who exchanges vehicles or trailers solely on a wholesale basis, the
dealer shall be open to the public. The
building, structure, or office trailer shall have adequate office space to
conduct the business. If more than one
business is located within the same building or structure, the dealer shall
maintain a separate and exclusive entrance, unless the multiple businesses are
owned or controlled by the same principals.
5. Subject
to any municipal regulation, ordinance or bylaw, and except for a dealer who
exchanges motor vehicles or trailers solely on a wholesale basis, the dealer
shall display a permanently affixed exterior sign of sufficient size and design
to give the general public notice of the name and nature of the business.
6. Except
for a dealer who exchanges motor vehicles or trailers solely on a wholesale
basis, the dealer shall have an area to display the vehicles offered for sale,
which cannot be shared with any other business unless a physical separation
exists. Vehicles cannot be offered for
sale at any other location; however, this shall not prohibit a dealer from
transporting and offering vehicles for sale at a recognized automobile auction
facility, or a combined dealer special sale event.
7. The
dealer maintains a system of vouchers, approved by the Registrar, which shall
be carried by any operator of a motor vehicle. A copy of the vouchers shall be
retained by the dealer on the licensed premises.
8. The
dealer complies with the motor vehicle or parts retention requirements of
M.G.L. c.140, § 61, and records requirements of M.G.L. c.140, § 62, by
maintaining either a bound record book or printouts produced by a computerized
records system, in a form authorized by the Registrar.
(b) Motor
Vehicle Repairer. To receive or
retain a repair's general registration and general registration number plates,
a repairer, as defined in M.G.L. c. 90, § 1, shall satisfy the following
conditions:
1. The
repairer is principally and substantially engaged in the occupation of
repairing, altering, reconditioning, equipping or towing motor vehicles or
trailers for the public.
2. The
repairer maintains an established place of business as defined in M.G.L.
c. 90, § 1; however, it is not necessary for every motor vehicle or trailer to
be repaired within a building or structure on the premises, if the repairs do
not violate local laws and are contained within the premises.
3. If
the repairer's business is classified as a motor vehicle repair shop under M.G.L. c. 100A, the repairer shall have a valid certificate issued by the
Director of the Division of Standards pursuant to M.G.L. c. 100A.
4. Subject
to any municipal regulation, ordinance or bylaw, the repairer displays a
permanently affixed exterior sign of sufficient size and design to give the
general public notice of the name and nature of the business.
5. If
the repairer's business includes the towing and storage of motor vehicles or
trailers for the public, the repairer must have adequate storage
facilities. The storage facilities shall
be physically separated from any area shared with any other business, but need
not be located at the main office. The
Registrar must be notified of the address of all storage facilities and be
allowed to inspect the facilities.
6. The
repairer maintains business records on the premises which contain the date(s),
description of the motor vehicle, including the vehicle identification number,
owner and nature of work completed. A
repairer engaged in towing shall maintain records on the premises containing
the date of each tow, a description of the motor vehicle or trailer that was
towed, the vehicle identification number, registration number and place of
registration, and the name of the owner of the towed vehicle.
(c) Owner-Contractor.
1. Unless
otherwise provided by 540 CMR 18.00, to receive or retain general registration
and general registration plates, an owner-contractor, as defined in M.G.L. c.
90, § 1, shall satisfy the following conditions:
a. The
owner-contractor owns or controls a fleet of ten or more motor vehicles,
trailers, special mobile equipment, mobile construction cranes or any
combination of such vehicles or equipment, which shall include at least one
piece of special mobile equipment or at least one motor vehicle or trailer as
described in 540 CMR 18.02(2)(c)2.e.
b. The
owner-contractor maintains facilities for the repair, alteration or equipping
of the vehicles or equipment, which shall:
i. include
a permanently constructed building or structure of sufficient size to allow the
majority of the motor vehicles or trailers in the fleet to be repaired within
the building or structure, except that the registrar may establish guidelines
for alternative compliance by fleets containing very large motor vehicles or
trailers unable to fit in the on-site facilities;
ii. contain
the tools and equipment necessary to conduct repairs and alterations; and
iii. be
conducted as a separate entity, physically segregated from any business not
owned or controlled by the owner-contractor.
2. Pursuant
to authority granted in M.G.L. c. 90, § 5, the Registrar may issue
owner-contractor general registrations and general registration number plates
for:
a. use
on motor vehicles and trailers owned or controlled by government agencies if a
public safety or other public interest is served. No government agency may
operate a motor vehicle or trailer with an owner-contractor plate unless a
compliance decal has been issued. The Registrar may set further conditions for
such registrations.
b. use
on trailers owned by a person who is principally and substantially engaged in
the business of leasing for hire so called "storage" or "mobile
office" trailers, if the person owns at least ten storage or mobile office trailers, or combination
thereof, and maintains an establishment as required in 540 CMR 18.02(2)(c)1.b.
c. use
on a motor vehicle or trailer owned by a person who is principally and
substantially engaged in the business of renting or leasing motor vehicles or
trailers to the general public, if the
person owns at least 20 motor vehicles or trailers. Motor vehicles or trailers
registered under 540 CMR 18.02(2)(c)2.c. may only be operated by the owner or
owner’s agent for the repair, alteration, maintenance, delivery, disposal or
retrieval of the vehicle or trailer, and not for the transportation of any
goods, wares or merchandise by any person. The owner-contractor is subject to the compliance decal provisions of
540 CMR 18.03(5).
d. use
on a motor vehicle or trailer owned by a person who is principally and
substantially engaged in the business of short-term renting or leasing to the
general public of specialized motor vehicles or trailers designed for use in
construction, if the person owns at least 20 such specialized motor vehicles or
trailers. The owner-contractor may allow
its rented or leased vehicles to be operated or towed with the owner-contractor
plates attached providing all of the following conditions are met:
i. the
motor vehicle is special mobile equipment or a mobile construction
crane as defined in M.G.L. c. 90, § 1, or is a motor vehicle or trailer
described or authorized to be operated on an owner-contractor plate by the
provisions of 540 CMR 18.02(2)(c)2.e.;
ii. the
required compliance decal is displayed on the motor vehicle or trailer;
iii. the
motor vehicle or trailer is not leased or rented with the owner-contractor
plate attached for more than five consecutive days; and
iv. the
person operating the motor vehicle or trailer carries a signed and dated copy
of the rental or leasing agreement.
e. use
on a motor vehicle or trailer which is designed primarily for construction
purposes and not for the transportation of passengers or property, and is only incidentally operated on a way,
including but not limited to any vehicle or trailer which is designed and used
primarily either for grading or paving of highways, earth moving, and other
construction work on highways, at a public or private construction site or for
construction or maintenance work on railroad rights of way, including air
drills, asphalt spreaders, bituminous mixers, bucket loaders, track-type
tractors, crawler tractors, ditchers, leveling graders, finishing machines,
motor graders, paving mixers, road rollers, scarifiers, earth moving scrapers
and carryalls, welders, pumps, water wagons, screening plants, power shovels
and draglines, excavators, backhoes, front-end loaders, self-propelled and
tractor-drawn earth moving equipment and machinery, and concrete pumpers.
f. use
on an enclosed trailer owned or controlled by the general registration holder,
which is towed on a way to or from a construction site and is used by the
owner-contractor exclusively as a mobile
construction office at the site.
3. An
owner-contractor may operate on a way any motor vehicle classified as special
mobile equipment as defined in M.G.L. c. 90, § 1 for the sole purpose of
snow removal.
(d) Farmers. To receive or retain a farmer's general registration and general registration
number plates a farmer, as defined in M.G.L. c. 90, § 1, shall satisfy the
following conditions:
1. The
farmer is substantially engaged in:
a. the
occupation of farming as defined in M.G.L. c. 90, § 1;
b. the
growing and harvesting of forest products or incidental lumbering operations,
including the preparation and transportation of the products prior to retail
sale.
2. The
farmer is a Massachusetts resident or corporation;
3. The
farmer holds any license or permit required by any federal, state or local law
prior to engaging in the farming or forestry operation;
4. The
farmer owns a fleet of two or more vehicles used for and dedicated to
conducting the business, excluding passenger vehicles;
5. The
farmer conducts the farm activity or forestry operations for an ultimate
commercial purpose. For the purposes of
540 CMR 18.00, an ultimate commercial purpose may include conducting farm or
forestry operations for profit, not-for-profit or charitable purposes. Compliance with state or federal tax codes
will be considered evidence that the farm or forestry operation is being
conducted for an ultimate commercial purpose;
6. For
registrations initially issued after January 1, 1997, the size of the area
devoted to the activity is at least five acres if a farm, and at least ten
contiguous acres if devoted to the growing and harvesting of forest products or
incidental lumbering operations. The
Registrar may waive the requirement of a minimum size of five acres devoted to
farming if a person is engaged in the intensive cultivation of crops through
alternative forms of farming activity, such as hydroponics. The Registrar may also waive the minimum ten
contiguous acres requirement if the applicant has a minimum of ten
non-contiguous acres, each of which is devoted to the growing and harvesting of
forest products.
7. For
the purposes of 540 CMR 18.02(2)(d), substantially engaged in the occupation of
farming or growing and harvesting of forest products or incidental lumbering
operations shall mean that at least one of the following shall apply:
a. the
applicant derives at least 40% of total income from such operations; or
b. the
applicant demonstrates gross farm, forest product harvesting or incidental
lumbering operations related income of at least $1,000 or a net farm related
loss of at least $2,000 on Schedule C, D, or F of the prior year's federal and
state income tax returns; or, if the applicant has been engaged in business for
less than a full tax year, the applicant produces documents sufficient to
demonstrate current-year income or expenses to verify that the applicant's
business is reasonably expected to meet this criteria; or
c. i. if the applicant is
engaged in the occupation of farming, the land is enrolled in and classified
pursuant to M.G.L. c. 61A as being devoted to agricultural or horticultural use
or both, and meets the production values in that chapter, and the applicant
provides the Registrar with a copy of the then current tax certificate issued
by the local assessor; or
ii. if
a person is engaged in the growing and harvesting of forest products or
incidental lumbering operations, the land is classified pursuant to M.G.L. c.
61 as being forest land, and the applicant provides the Registrar with a copy
of the current tax certificate issued by the local assessor.
8. A
farmer may only operate motor vehicles or trailers principally used and
dedicated to the farming activity with the general registration and general
registration plates, and not passenger vehicles.
(e) Recreational
Vehicle Dealers, Recreational Trailer Dealers, Boat Dealers, and Boat Trailer
Dealers. To receive or retain a
general registration and general registration number plates, a dealer in
recreational vehicles or trailers or boats or boat trailers shall satisfy the
following conditions:
1. The
dealer is principally and substantially engaged in the business of selling
recreational vehicles and recreational trailers or boats and boat trailers.
2. The
dealer has suitable premises to conduct the business, which shall include an
office for the maintenance of records of sale transactions.
3. If
the dealer's business is located within a building or structure shared with
another business, the dealer maintains a separate and exclusive entrance,
unless the multiple businesses are owned by the same principals.
4. The
dealer has an area to display the vehicles or trailers offered for sale.
5. Subject
to any municipal regulation, ordinance or bylaw, the dealer displays a
permanently affixed exterior sign of sufficient size and design to give the
general public notice of the name and nature of the business.
(f) Trailer
Dealers. To receive or retain a dealer's general registration or general
registration number plates, a trailer dealer, as defined in M.G.L. c. 90, § 1,
shall satisfy the following conditions:
1. The
dealer is principally and substantially engaged in the business of buying,
selling or exchanging trailers.
2. The
dealer has suitable premises to conduct the business which shall include an
office for the maintenance of records of sales.
3. The
dealer has an area to display the trailers offered for sale.
4. Subject
to any municipal regulation, ordinance or bylaw, the dealer displays a
permanently affixed exterior sign of sufficient size and design to give the
general public notice of the name and nature of the business.
(g) Transporter. To receive or retain a general registration
or general registration plates, a transporter, as defined in M.G.L. c. 90, § 1,
shall satisfy the following conditions:
1. The
transporter is principally and substantially engaged in the business of
transporting or delivering motor vehicles not owned by the transporter, under
their own power, or trailers not owned by the transporter, or is a person, or
agent of a person, licensed to engage in the business of financing the purchase
of or insuring motor vehicles, who is required to repossess such motor vehicles
or trailers by foreclosure or subrogation of title.
2. The
transporter maintains an office for the maintenance of records of all
transactions.
(h) Manufacturers.
To receive or retain a general registration and general registration number
plates a manufacturer, as defined in M.G.L. c. 90, § 1, shall satisfy the
following conditions:
1. The
manufacturer is principally and substantially engaged in the business of
manufacturing motor vehicles, trailers, motor vehicle bodies, or complete
mechanical units for excavating or carrying materials and maintains an
establishment where the manufacturing activity is conducted.
2. The
manufacturer does not incidentally sell used motor vehicles and does not
possess a license under M.G.L. c. 140, § 58.
3. The
manufacturer of motor vehicles or trailers produces evidence that the
manufacturer issues certificates of origin in conformity with M.G.L. c. 90D, §
6 and 540 CMR 15.00, except that a manufacturer engaged principally and
substantially in purchasing new motor vehicles or trailers for the purpose of
making modifications prior to sale to the first purchaser need not issue its
own certificates of origin.
18.03: Compliance
Decals
(1) An
owner of a motor vehicle or trailer holding a general registration and a
general registration number plate issued under M.G.L. c. 90, § 5, shall, on an
annual basis or as otherwise prescribed by the Registrar, apply for a decal
which indicates that the owner has complied with the requirements of M.G.L.
chs. 90D, 64H and 64I, for each motor vehicle or trailer so registered. No decal shall be issued if the owner's
registration is in "non-renewable" status for non-payment of excise
tax or parking tickets. The decal shall
contain a serial number, vehicle identification number and registration number
of the particular vehicle displaying the decal and shall be displayed according
to the Registrar's instructions. Failure
to properly display the compliance decal shall be considered a violation of
M.G.L. c. 90, § 20 for fine and penalty purposes.
(2) The
decal requirement does not apply to:
(a) Motor
vehicles or trailers owned by a dealer and held for sale and demonstration
purposes only.
(b) Motor
vehicles or trailers controlled, but not owned, by a repairman that are being
either towed, or operated solely for repair, testing, alteration or equipping
or transportation incidental thereto.
(c) Trailers
owned by a dealer of recreational or boat trailers and held for sale and
demonstration purposes only.
(d) Motor
vehicles operated by a transporter or trailers towed by a transporter, under
the conditions stated in M.G.L. c. 90, § 5.
(e) Motor
vehicles or trailers classified as implements of husbandry under M.G.L. c. 90D,
§ 1 and exempt from sales tax under M.G.L. c. 64H and 64I.
(3) If
any motor vehicle or trailer required to display a compliance decal under 540
CMR 18.03 is not owned by the general registration holder, it shall be the
responsibility of the owner of the motor vehicle or trailer to pay any tax
pursuant to M.G.L. c. 60A. The owner and general registration holder shall be
jointly and severally responsible for any failure to display the compliance
decal.
(4) A
holder operating a newly acquired motor vehicle or trailer subject to the decal
requirements of 540 CMR 18.03, who has applied for the decal, may carry a
Registry receipt indicating compliance with M.G.L. chs. 90D, 64H, and 64I until
the decal is issued. Such receipt shall constitute proof that the owner has
complied with the provisions of 540 CMR 18.03.
(5) A
person who is principally and substantially engaged in the business of renting
or leasing non-construction type motor vehicles or trailers to the general
public may permanently affix a compliance decal to the back of an
owner-contractor registration plate instead of displaying the decal elsewhere
on the motor vehicle or trailer. Documentation sufficient to identify the owner-contractor as the owner
of the vehicle, to establish that a title has been obtained for the vehicle,
and to establish that the vehicle is exempt from sales tax requirements or that
the sales tax has been paid, shall be carried by the operator or in a readily
accessible place in the vehicle. The
provisions of this subsection shall not be applicable to any other category of
owner-contractor or any other motor vehicles or trailers authorized to display
an owner-contractor registration plate.
(6) Compliance
with the decal requirements under 540 CMR 18.00 is a condition of being
lawfully registered, and a vehicle without a required compliance decal shall be
considered unregistered in violation of
M.G.L. c. 90, § 9.
18.04: Display
and Use of General Registration Number Plates
(1) Display
of Plates.
(a) General
registration number plates shall be displayed in accordance with the provisions
of M.G.L. c. 90, §§ 5 and 6.
(b) The
Registrar may issue a combined temporary general registration number plate and
permit to temporarily replace a lost, stolen, illegible or mutilated plate and
may set the terms and conditions for the use of a temporary plate and for its
return.
(c) Operation
of any vehicle displaying a temporary plate after the plate expiration date
shall be prima facie evidence that the vehicle is unregistered.
(d) Upon
the earlier of the receipt of a permanent replacement general registration
number plate, or the expiration date of the temporary plate, the temporary
plate and permit shall be void and shall be surrendered to the Registrar.
(2) Use
of General Registration Number Plates: General Restrictions.
(a) Unless
otherwise authorized in 540 CMR 18.00 no person, business or corporation shall
loan, let for hire or rent any general registration number plate or allow such
a plate to be attached to a motor vehicle in any manner in violation of 540 CMR
18.00. Such plate misuse shall be
considered a violation of M.G.L. c. 90, § 23.
(b) General
registrations, general registration number plates and permits for temporary
number plates are not transferable. They
shall be surrendered to the Registrar if the business, as described in the
registration certificate, is sold, ceases to operate, or if any applicable
license or permit is suspended or revoked by the issuing authority.
(c) A
general registration plate may not be displayed on a vehicle which is borrowed
or which is leased at less than market rates. The holder has the burden of proving that a lease is at market
rates. Acceptable evidence may include
generally accepted trade publications covering lease transactions in the
relevant geographical area for motor vehicles or trailers of a similar year,
make, model and lease period.
(3) Use
of General Registration Plates: Specific
Restrictions.
(a)
1. A dealer, manufacturer, dealer in boats and boat trailers
or a dealer in recreational
vehicles and
recreational vehicle trailers, who has received a general registration number
plate may operate or tow a motor vehicle or trailer which is owned by the
dealer or manufacturer and is operated principally for demonstration or sale
related purposes. A dealer who has received a general registration number plate
may not operate a motor vehicle owned by the dealer as equipment utilized in
the operation of the business of said dealer, such as a courtesy bus or parts
or service vehicle, using the general dealer's registration number plate; however, a dealer may operate a
motor vehicle owned by the dealer using the plate for the purpose of removing
snow from the business property.
2. A
motorcycle dealer whose inventory includes an automobile or pick-up truck may
attach a motorcycle general registration plate to the automobile or pick-up
truck if the vehicle is operated for demonstration or sale related purposes;
the dealer license issued by the city or town under M.G.L. c. 140,
§ 59 authorizes the motorcycle dealer to also sell automobiles of pick-up
trucks; and the dealers insurance coverage allows use of the plate or
automobiles or pick-up trucks.
3. A
motor vehicle dealer whose inventory includes a motorcycle may attach a general
registration plate of standard size to the motorcycle if the motorcycle is
operated for demonstration or sale related purposes; the dealer license issued
by the city or town under M.G.L. c. 140, § 59 authorizes the dealer to
also sell motorcycles; and the dealer’s insurance coverage allows use of the
plate on motorcycles.
(b) A
repairer who has received a general registration and general registration plate
may only operate with the registration, motor vehicles, trailers or
tractor-trailer combinations:
1. controlled,
but not owned by the repairer and
operated for the purpose of repairing, altering, equipping or reconditioning
the vehicle or any transportation incidental thereto, and not for commuting or
other personal use; or
2. owned
by the repairer and designed to draw, tow or transport motor vehicles and
displaying a compliance decal issued in accordance with 540 CMR 18.03. Such a vehicle may tow or transport an
unregistered motor vehicle pursuant to M.G.L. c. 90, § 9, if the towing vehicle
is properly registered, displays a repair plate, and maintains insurance which
also provides coverage for the motor vehicle being towed; or
3. owned
by the repairer and used primarily in the repairer's business, and displaying
on the vehicle the business name and the municipality where the business is
located in permanent lettering at least 1.5" in size, which is plainly
visible from each side or from the front and rear of the vehicle; or
4. owned
by the repairer and classified as a total loss salvage motor vehicle as defined
in M.G.L. c. 90D, § 1, if the following conditions are met:
a. the
motor vehicle is being transported for purchase, sale, repair, or testing; and
b. the
operator carries a bill of sale or salvage title for the vehicle; or
5. purchased
by the repairer and transported within ten days of the purchase date and the
operator is in possession of the bill of sale and the seller's certificate of
title or a receipt for the repairer's application for a certificate of title;
or
6. owned
by the repairer and operated for the purpose of removing snow from the business
property.
(c) A
general registration holder shall display the validation sticker assigned by
the Registrar to the left of the general registration number on the general
registration plate so that the current year validation sticker covers the prior
year's validation sticker.
18.05: Penalties
(1) In
addition to any other penalty provided by law, the Registrar, after notice and
opportunity for a hearing, may suspend, revoke, or refuse to renew a general
registration and general registration number plate(s) if he or she has reason
to believe that the holder has violated the provisions of M.G.L. c. 90, §§ 5 or 6, or 540 CMR 18.00.
(2) Suspension
of a general registration or general registration number plate shall be for a
fixed period of time; however, if the general registration holder is required
to perform specific acts as a term of the suspension, or to provide
documentation to bring the holder into compliance with either M.G.L. c. 90, §§
5 or 6 or 540 CMR 18.00, the suspension may be for an indefinite period until
the Registrar is satisfied that the holder has satisfied the requirements. Upon suspension of a general registration,
the holder must return the master certificate of registration and all issued
general registration plates to the Registrar. If one or more plates is suspended, only the specific plate(s) that is
suspended must be returned to the Registrar. Although a suspension shall be effective as of the date specified in the
notice for purposes of prohibiting use of the affected registration and plates, no time shall be credited to the holder's
suspension period until the holder returns the registration or plates as
required. An affidavit subscribed and
sworn to under penalties of perjury shall be required from a suspended
registration holder who asserts that a master certificate of registration, or
one or more registration plates, has been lost or stolen, and if stolen, the
holder must also provide a copy of a theft report filed with the appropriate
police department. A holder who is under a suspension order may not be
granted a general registration of any type, may not renew a suspended
registration, and may not be granted additional plates during the suspension
period. The Registrar may refuse to
issue a general registration to an applicant if the Registrar has reason to
believe that the applicant is acting as an undisclosed agent for a holder who
is the subject of a current suspension order.
(3) Upon
revocation of a general registration, the holder must return the master
certificate of registration and all general registration number plates to the
Registrar. Revocation of a holder's
registration shall be for not less than 12 months. Although a revocation shall
be effective as of the date specified in the notice for purposes of prohibiting
the use of the registration or plates, no time shall be credited to the
holder's period of revocation until the holder has returned the master
certificate of registration and all registration plates. An affidavit subscribed and sworn to under
penalties of perjury shall be required from a revoked registration holder who
asserts that a master certificate of registration, or one or more registration
plates, has been lost or stolen, and if stolen, the holder must also provide a
copy of a theft report filed with the appropriate police department. A holder who is under a revocation order may
not be granted a general registration of any type during the revocation
period. The Registrar may refuse to
issue a general registration to an applicant if the registrar has reason to
believe that the applicant is acting as an undisclosed agent for a former
holder who is the subject of a current revocation order.
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