|
|
 |
Budget Recommendations
|
|
Outside Section 68
|
|
|
|
 Commercial Motor Vehicle Enforcement
SECTION 68.
Said chapter 90 of the General Laws, as amended by section 142 of chapter 149 of the acts of 2004, is hereby further amended by inserting after section 19K the following section:-
Section 19L. The registrar is hereby authorized and directed to promulgate rules and regulations to ensure compliance by all interstate and intrastate motor carriers with this section and:
(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 of chapter 90 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.
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 totality of all civil penalties assessed against any violator for all offenses relating to any single violation shall not exceed $2,500. 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. Notice and appeal of violations issued under this paragraph shall be subject to the provisions of chapter 90C. All fines paid pursuant to this paragraph shall be deposited in the highway fund of the commonwealth.
If a serious pattern of safety violations, other than recordkeeping requirements, exists or has occurred, or if 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 by a judge of the district court after notice and evidentiary hearing on such violations. The amount of any civil penalty so imposed, and a reasonable time for abatement of the violation, shall be by written order and all fines paid pursuant to this paragraph shall be deposited in the Highway Fund of the commonwealth.
|
|
|
|
