[ Text of section effective until July 1, 2007. For text effective July 1, 2007, see below.]
Section 10. Each interstate carrier by motor vehicle transporting over the ways within the commonwealth for compensation shall apply to the department for an interstate license or registration as defined in section two. Each application for an interstate license or registration shall be made in the same manner as provided in paragraph (a) of section three for applications for certificates and shall be accompanied by a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven for the filing thereof and a designation showing the name and address of a local agent for the service of process within the commonwealth. Such license or registration shall be issued in the name of the applicant and remain in effect until cancelled or revoked.
One interstate distinguishing plate or vehicle identification-device shall be issued by the department annually to each such licensee, for each vehicle of said licensee operating over such ways, upon application to the department and payment of a fee for verification per plate or device, together with a fee for each plate or device issued. The amount of the fees referred to herein shall be determined under the aforementioned provision of section three B of chapter seven. Such plate or device shall bear an identifying number and shall be carried or displayed in the following manner: The interstate distinguishing plate shall be prominently displayed on the front of the vehicle whenever operated, or the interstate vehicle-identification device, if issued instead shall be attached to a cab card by the interstate licensee and shall be carried in the cab of the vehicle, and shall be accessible to the driver at all times while operating within the commonwealth.
Each such plate shall be accompanied by a certificate issued by the department which shall be in the possession of the driver at all times while operating within the commonwealth. Said certificate shall set forth the make, manufacturer's serial number, if any, and motor number, if any, of the vehicle with respect to which said plate shall be used. Each such vehicle-identification device, when used, shall be accompanied by and attached to an authentic cab card, eleven inches in height and eight and one half inches in width. On or before the fifteenth day of January of each calendar year, but not earlier than the preceding first day of November, such motor carrier shall apply to the National Association of Regulatory Utility Commissioners, or to the commission of any state in which it is permitted to operate pursuant to authority issued by the Interstate Commerce Commission, for the issuance of a sufficient supply of uniform identification cab cards for use in connection with the registration and identification of the vehicle or vehicles which it intends to operate, or driveaway operations which it intends to conduct, within the borders of such state during the ensuing year.
The National Association of Regulatory Utility Commissioners or the state commission, as the case may be, shall issue to the motor carrier the number of cab cards requested. Requests for cab cards submitted to this department shall be accompanied by a fee, as determined under the aforementioned provision.
A motor carrier receiving a cab card under the provisions of this section shall not knowingly permit the use of same by any other person or organization. Prior to operating a vehicle, or conducting a driveaway operation, within the borders of such state during the ensuing year, the motor carrier shall place one of such identification stamps on the back of a cab card in the square bearing the name of such state in such manner that the same cannot be removed without defacing it. The motor carrier shall thereupon duly complete and execute the form of certificate printed on the front of the cab card so as to identify itself and such vehicle or driveaway operation, and shall enter the appropriate expiration date in the space provided below the certificate. Such expiration date shall be within a period of fifteen months from the date the cab card is executed and shall not be later in time than the expiration date of the vehicle-identification device which shall become void on February first in the succeeding calendar year, unless such registration is terminated prior thereto. Indelible ink or typewriter shall be used to execute cab card and any erasure, improper alteration or unauthorized use of a cab card shall render it void. Any person, while operating a commercial motor vehicle, when requested by an investigator or examiner of the transportation division or other officer authorized to make arrests shall permit such person to take the certificate or cab card in hand for the purpose of examination. Such cab card shall not be used for any vehicle except the vehicle for which it was originally prepared. On or before the fifteenth day of January of each calendar year, but not earlier than the preceding first day of November, such interstate licensee shall apply to the Department for the issuance of an interstate distinguishing plate or vehicle-identification device for the registration and identification of the vehicle or vehicles which it intends to operate, or driveaway operations which it intends to conduct, within the Commonwealth during the ensuing year, commencing February first. The interstate licensee may thereafter file supplemental applications for additional plates or devices if the need arises. Each such plate or identification device shall be nontransferable, except as hereinafter provided. Each interstate licensee shall destroy a cab card immediately upon its expiration, except as otherwise provided below. An interstate licensee motor carrier permanently discontinuing the use of a vehicle, for which a cab card has been prepared, shall nullify the cab card at the time of such discontinuance; provided, however, that if such discontinuance results from destruction, loss or transfer of ownership of a vehicle owned by such carrier and such carrier provides a newly acquired vehicle in substitution therefor within thirty days of the date of such discontinuance, each identification stamp and number placed on the cab card prepared for such discontinued vehicle, if such card is still in the possession of the carrier, may be transferred to the substitute vehicle by compliance with the following procedure: Such motor carrier shall duly complete and execute the form of certificate printed on the front of a new cab card, so as to identify itself and the substitute vehicle, and shall enter the appropriate expiration date in the space provided below such certificate; such motor carrier shall indicate the date it terminated use of the discontinued vehicle by entering same in the space provided for an early expiration date which appears below the certificate of the cab card prepared for such vehicle; and such motor carrier shall affix the cab card prepared for the substitute vehicle to the front of the cab card prepared for the discontinued vehicle, by permanently attaching the upper left-hand corners of both cards together in such a manner as to permit inspection of the contents of both cards and, thereupon, each identification stamp or number appearing on the back of the card prepared for the discontinued vehicle shall be deemed to apply to the operation of the substitute vehicle. If a cab card is lost, destroyed, mutilated, or becomes illegible, a new cab card may be prepared and new identification stamps or numbers may be issued therefor upon application by the motor carrier and upon payment of the same fee prescribed for the original issuance thereof, if any.
Whoever uses any such plate or identification device on any vehicle other than the one for which it is issued, and whoever knowingly permits such plate or device issued to him to be so used, shall be punished by a fine of one hundred dollars.
The fees provided by this section shall not be required of an interstate carrier whose principal place of business and the registration of whose vehicle or of any vehicle under lease or other arrangement is in another state or states in respect to the operation of motor vehicles in interstate commerce over ways within this commonwealth if such state or states, as finally determined by the department, do not require of an interstate carrier whose principal place of business and the registration of whose vehicle or of any vehicle under lease or other arrangement is within this commonwealth any similar fees or charges, however denominated or defined, for the privilege of operating vehicles in interstate commerce over the ways of such other state or states, except that each such interstate carrier shall pay a fee, as determined pursuant to the aforementioned chapter seven provision, for verification and processing of each interstate distinguishing plate or vehicle-identification device issued.
This section shall not apply to a motor carrier who or which is the holder of a certificate or permit issued under this chapter and whose operations as an interstate carrier within the commonwealth do not exceed the limitations of such certificate or permit either as to the territory served or the commodities transported, except that for a motor carrier using the same motor vehicles engaged in intrastate and interstate operations under authority issued by the department and the bureau of motor carriers, interstate commerce commission, the provisions of this section including the fees provided therein shall apply, any provision of law to the contrary notwithstanding. Motor carriers in compliance with the requirements of this section shall not be required to obtain distinguishing plates under the provisions of section nine.
Any interstate carrier by motor vehicle, to whom the department has issued an interstate license and who during any period of one year fails to operate over ways of the commonwealth, and during that period fails to obtain and display an interstate distinguishing plate or other identifying device required by the department as evidence of such operation, shall be deemed to have abandoned such service, and after a hearing the interstate license of such carrier shall be revoked.
Chapter 159B: Section 10. Interstate carriers; registration; fees
[ Text of section as amended by 2007, 61, Sec. 18 effective July 1, 2007. See 2007, 61, Sec. 93. For text effective until July 1, 2007, see above.]
Section 10. Each interstate carrier by motor vehicle transporting over the ways within the commonwealth for compensation shall register and identify with the department pursuant to the federal Unified Carrier Registration Act of 2005. Each registration shall be accompanied by a fee, the amount of which shall be determined by the board of directors of the federal Unified Carrier Registration Plan.