Mass. Gen. Laws ch. 90F, sec. 4 — MA Code / Part I / Title XIV / Chapter 90F / Section 4
Employers; applicant employment history requirements; applicant license requirements; violation of federal, state or local law or regulation regarding railroad-highway grade crossings
Status: in_force

Section 4. A. Each employer must require the applicant to provide the information specified in paragraph (C) of section three. B. No employer may knowingly allow, permit, or authorize any applicant to operate a commercial motor vehicle during any period in which the driver has a driver license suspended, revoked, or cancelled by any state; has lost the privilege to drive a commercial motor vehicle in any state, or has been disqualified from driving a commercial motor vehicle in any state; or in which the driver has more than one license to operate a motor vehicle or commercial motor vehicle, except during the ten day period beginning on the date the employee is issued a license to so operate. [ Paragraph (C) effective until August 5, 2025. For text effective August 5, 2025, see below.] (C) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle during any period in which the driver or the commercial motor vehicle or the motor carrier operation is subject to an out-of-service order. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty of from $2,750 to $11,000 inclusive. [ Paragraph (C) as amended by 2025, 14, Sec. 34 effective August 5, 2025. For text effective until August 5, 2025, see above.] (C) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle during any period in which the driver or the commercial motor vehicle or the motor carrier operation is subject to an out-of-service order. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty pursuant to subsection (b)(2) of Appendix B to 49 C.F.R. 386. [ Paragraph (D) effective until August 5, 2025. For text effective August 5, 2025, see below.] (D) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty of not more than $10,000. [ Paragraph (D) as amended by 2025, 14, Sec. 35 effective August 5, 2025. For text effective until August 5, 2025, see above.] (D) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty pursuant to subsection (b)(3) of Appendix B to 49 C.F.R. 386.

Section 4. A. Each employer must require the applicant to provide the information specified in paragraph (C) of section three.

B. No employer may knowingly allow, permit, or authorize any applicant to operate a commercial motor vehicle during any period in which the driver has a driver license suspended, revoked, or cancelled by any state; has lost the privilege to drive a commercial motor vehicle in any state, or has been disqualified from driving a commercial motor vehicle in any state; or in which the driver has more than one license to operate a motor vehicle or commercial motor vehicle, except during the ten day period beginning on the date the employee is issued a license to so operate.

[ Paragraph (C) effective until August 5, 2025. For text effective August 5, 2025, see below.]

(C) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle during any period in which the driver or the commercial motor vehicle or the motor carrier operation is subject to an out-of-service order. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty of from $2,750 to $11,000 inclusive.

[ Paragraph (C) as amended by 2025, 14, Sec. 34 effective August 5, 2025. For text effective until August 5, 2025, see above.]

(C) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle during any period in which the driver or the commercial motor vehicle or the motor carrier operation is subject to an out-of-service order. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty pursuant to subsection (b)(2) of Appendix B to 49 C.F.R. 386.

[ Paragraph (D) effective until August 5, 2025. For text effective August 5, 2025, see below.]

(D) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty of not more than $10,000.

[ Paragraph (D) as amended by 2025, 14, Sec. 35 effective August 5, 2025. For text effective until August 5, 2025, see above.]

(D) No employer shall knowingly allow, require, permit or authorize a driver to operate a commercial motor vehicle in violation of a federal, state or local law or regulation pertaining to railroad-highway grade crossings. Any employer who violates the provisions of this paragraph shall be subject to a civil penalty pursuant to subsection (b)(3) of Appendix B to 49 C.F.R. 386.