Code of Massachusetts Regulations › 520 CMR - DEPARTMENT OF PUBLIC SAFETY › Title 520 CMR 13.00 - The Operation Of Horse Drawn Carriages For Public Hire On Public Roads And Ways On The Commonwealth To Ensure Public Safety › Section 13.08 - Additional Requirements for Horse Drawn Carriages and Horse Safety

Current through Register 1525, July 5, 2024
(1) No Horse Drawn Carriage shall be
			 permitted to operate unless a valid license plate is issued by the Commissioner
			 and said plate is attached to the rear of the carriage.
(2) Each Horse Drawn Carriage shall have a
			 card permanently, legibly and conspicuously affixed to the carriage which shall
			 contain the current Horse Drawn Carriage License number, business name,
			 passenger capacity, schedule of rates if applicable, and name and phone number
			 of the Licensee and state the following:
"THIS HORSE, CARRIAGE AND DRIVER ARE LICENSED BY THE
				COMMONWEALTH OF MASSACHUSETTS. THEY ARE INSPECTED BY THE DEPARTMENT OF PUBLIC
				SAFETY IN ACCORDANCE WITH M.G.L. c. 22, § 20. REPORT ANY PUBLIC SAFETY
				CONCERNS TO THE DEPARTMENT OF PUBLIC SAFETY at 617-727-3200 or by email:
				dpsinfo@massmail.state.ma.us.
(3) No Horse Drawn Carriage shall be drawn by
			 more than one horse simultaneously unless designed as a multi-hitch vehicle and
			 licensed as such.
(4) Each Horse
			 Drawn Carriage shall have wheels that spin freely.
(5) Each Horse Drawn Carriage shall be
			 equipped with a device to catch manure. The device shall not be affixed to any
			 part of the horse's body and shall be emptied at least after every second use.
			 Curb stands shall be washed free of urine as often as needed.
(6) Each Horse Drawn Carriage shall have in
			 good working order the following: electric turn signals, tail lights, and front
			 lights that are visible from 500 feet. Lights shall be used during the period
			 between one hour after sunset to one hour before sunrise as well as any period
			 when visibility is poor.
(7) Each
			 Horse Drawn Carriage shall have reflective white material placed along the
			 length of the shafts of the carriage, which normally parallel the body, head,
			 and legs of the horse.
(8) Each
			 Horse Drawn Carriage shall have reflectorized slow moving emblem on the rear of
			 the carriage of a size no smaller than 12"x12"x12". The emblem shall be kept
			 clean and in good repair.
(9)
			 Harness, bridles, breaching bits, and padding shall be appropriately sized,
			 cleaned and adjusted daily for each horse before use and shall be kept clean
			 and in good repair.
(10) Harnesses
			 shall be kept oiled and cleaned so as to be supple at all times. Harnesses
			 shall be kept free of makeshift repairs such as, but not limited to, wire,
			 rope, and weak and rusting chains.
(11) Horse Drawn Carriages shall be curbed
			 for work in areas designated by standard red and white state used regulatory
			 signs. Such designated curbed space is subject to prior approval from local
			 authorities. These regulatory signs shall read:
"CARRIAGE HORSE AREA EXERCISE CAUTION"
Designated curb space shall provide protection from extremes of
				weather, as seasonally appropriate, including but not limited to shade during
				hot months, protection from high winds, and be blanketing in cold months.
				Reasonable care shall be taken to protect horses, carriages and passengers from
				traffic. Passengers shall be picked up and discharged only at areas designated
				as a "CARRIAGE HORSE AREA".
(12)
Variance
			 Procedure
.
(a) If the applicant
			 believes that full compliance with
			 520 CMR 13.00 is overly
			 burdensome, the applicant may apply to the Commissioner for a variance from
			 520 CMR 13.00. The burden is
			 on the applicant to demonstrate in writing to the Department that the granting
			 of the variance would not compromise public safety or otherwise undermine the
			 purpose of
			 520 CMR 13.00. Application
			 for variance shall be made on a form provided by the Department for this
			 purpose, shall contain such information as is required by the Department, and
			 shall be signed by the applicant.
(b) Upon receipt of an application for a
			 variance, the Commissioner or his or her designee may:
1. Grant the application with whatever
			 conditions are deemed appropriate; or
2. Deny the application without a
			 hearing.
(c) Any person
			 aggrieved by this decision may file a request for an adjudicatory hearing with
			 the Department within 30 days of receipt of the decision. All adjudicatory
			 hearings shall be held in accordance with the provisions of M.G.L. c. 30A and
			 801 CMR
			 1.02:
Informal/Fair Hearing
			 Rules
. Any person aggrieved by a decision made after a hearing may
			 appeal to the Superior Court in accordance with M.G.L. c. 30A, §
			 14.