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| Executive Office of Public Safety |
| Registry of Motor Vehicles |
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Commercial Vehicle Regulations
SECTION 165.
Chapter 90 of the General Laws, as so appearing, is hereby amended by inserting after section 19J the following section:-
Section 19K. The registrar is hereby authorized and directed to promulgate rules and regulations to ensure compliance by all interstate and intrastate motor carriers with this chapter and with:
(a) the regulations of the United States Department of Transportation, Federal Motor Carrier Safety Administration, contained in Title 49 of the Code of Federal Regulations relative to:
(i) proof of financial responsibility;
(ii) driver qualification files (including all required forms);
(iii) drug and alcohol testing records as applicable;
(iv) records of duty status and supporting documents;
(v) driver vehicle inspection reports and maintenance records;
(vi) hazardous materials records as applicable; and
(vii) an accident register and copies of all accident reports required by state or other governmental entities or insurers.
(b) sections 2, 3, 9 and 10 relative to operator licensing and registration of commercial vehicles;
(c) section 2B of chapter 85, section 31 of chapter 90, and any regulation established thereunder relative to transportation of freight, passengers or hazardous materials;
(d) chapter 90F, relative to the operation of commercial vehicles; and
(e) any other applicable state statute pertaining to the operation of commercial motor vehicles.
The department of state police may enter, during regular business hours, the commercial premises owned or leased by any commercial carrier, wherein such records required to be maintained under the regulations established under this section are stored or maintained, and inspect, in a reasonable manner, said records for the purpose of enforcing said regulations. If such records contain evidence of violations of said regulations, the inspecting officer shall produce and take possession of copies of said records, and in the event that the entity subject to inspection does not possess copying equipment, the inspecting officer shall arrange to have copied, in a reasonable time and manner, such records that contain evidence of such violations, and the costs for such copying shall be assessed against the owner of said records.
Any carrier found to be in violation of regulations established under this section shall be subject to a civil penalty not to exceed $500 for each offense, and each day of a violation shall constitute a separate offense; provided, however, that the total of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. If it is found that a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, a civil penalty not to exceed $1,000 may be imposed for each offense; provided, however, that the maximum fine for each such pattern of safety violations shall not exceed $10,000. If it is found that a substantial health or safety violation exists or has occurred which could reasonably lead to, or has resulted in, serious personal injury or death, a civil penalty not to exceed $10,000 for each offense may be imposed. With the exception of recordkeeping violations and violations of chapter 90F or such other regulations established under this section relating to commercial driver's licenses, as defined in section 1 of chapter 90F, no civil penalty shall be imposed under this section against an employee of a motor carrier for a violation unless such employee's conduct is found to constitute gross negligence or reckless disregard for safety, in which case such employee shall be subject to a civil penalty not to exceed $1,000. Any person found to have committed an act in violation of chapter 90F or regulations established under this section relating to commercial driver's licenses shall be subject to a civil penalty not to exceed $2,500 for each offense.
The amount of any civil penalty, and a reasonable time for abatement of the violation, shall by written order be determined by a court of competent jurisdiction, and all penalties so recovered shall be paid to the Highway Fund of the commonwealth.
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Retained Revenue Advance Spending Authority
SECTION 322.
Notwithstanding the provisions of any general or special law to the contrary, for purposes of accommodating timing discrepancies between the receipt of retained revenues and related expenditures, departments may incur expenses and the comptroller may certify for payment amounts not to exceed the lesser of the appropriated amount or the most recent revenue estimate therefor as reported in the state accounting system for the following items appearing in section 2 of this act: 0330-3333, 0910-0210, 1102-3205, 1102-3214, 1102-3231, 1150-5104, 1201-0130, 1310-1001, 1750-0102, 1775-0600, 1775-0900, 1775-1100, 1790-0300, 2200-0102, 2810-2040, 2820-4420, 2820-4421, 4000-0320, 4110-0003, 4120-5050, 4125-0101, 4180-1100, 4190-0102, 4190-1100, 4510-0099, 4510-0615, 4510-0616, 4510-0712, 4513-1012, 4516-0263, 4516-1022, 4518-0200, 4590-0912, 4590-0913, 4800-0091, 5047-0002, 5982-1000, 7004-9315, 8000-0122, 8100-0006, 8100-0011, 8200-0222, 8315-1020, 8315-1025, 8400-0033, 8900-0045, 8910-0160, 8910-1111, 8910-2222, and 8910-6619 .
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Penalties for Failure to Carry Workers' Comp
SECTION 397.
Section 22 of chapter 90 of the General Laws is hereby amended by inserting after Subsection (j) the following subsection:-
(k) Upon receipt of notice, as specified by the registrar, from the department of industrial accidents of a final determination on failure to carry worker's compensation insurance to suspend or prohibit issuance or renewal of a license or certificate of registration has been issued against an employer, including where such employer is a corporation, the president or treasurer or both, a resident of the commonwealth or an individual licensed to operate a motor vehicle under this chapter, after a hearing or an opportunity therefor pursuant to section 25C of chapter 152, the registrar, without opportunity for further hearing, shall suspend or prohibit issuance or renewal of such license, learner's permit, right to operate a motor vehicle or certificate of motor vehicle registration held by such employer and individual and forward any notice required by paragraph (d) to such parties. Notwithstanding any other provisions of this chapter, the opportunity for a hearing provided by the department of industrial accidents pursuant to section 25C of chapter 152 shall constitute the exclusive administrative remedy to contest the finding of failure to carry worker's compensation insurance which is the basis for action by the department of industrial accidents to effect the suspension, nonissuance or nonrenewal of a license, learner's permit or right to operate a motor vehicle or certificate of motor vehicle registration. The provisions of section 28 of chapter 90 shall not apply.
Upon application, the registrar shall reinstate, issue or renew such license, learner's permit or right to operate a motor vehicle or allow the registration of a motor vehicle if the department of industrial accidents provides the registrar a notice, as specified by the registrar, stating that the resident or other individual is in compliance with section 25C of chapter 152. Said employer, individual and corporate officer shall be assessed a $100 workers' compensation reinstatement fee per license, permit or registration issued, renewed or reinstated by the registrar in addition to the current fees charged by the registrar for these services. Said workers' compensation reinstatement fee shall be transmitted by the registrar to the treasurer for deposit into the General Fund. Notices between the department of industrial accidents and the registrar under this subsection may be made in any form, including electronic transmission.
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Safe Driver Insurance Plan Program Assessment
SECTION 413.
Notwithstanding the provisions of any general or special law to the contrary, the amount appropriated in item 8400-0100 of section 2 of this act, including the associated indirect costs and fringe benefits of the program provided for therein, in addition to 40 per cent of the costs of personnel services associated with use of the registry of motor vehicles computer system by the merit rating board, shall be assessed to insurance companies conducting motor vehicle insurance business within the commonwealth, pursuant to section 183 of chapter 6 of the General Laws.
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