Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 7.00 - Use of the Massachusetts Turnpike and the Metropolitan Highway System › Section 7.02 - Definitions

Current through Register 1525, July 5, 2024
The following terms and their grammatical counterparts are used
				in
				700 CMR 7.00 as described in
				700 CMR 7.02:
Abandoned Vehicle
refers to a vehicle
				other than a disabled vehicle left on a way with neither the operator nor
				another responsible individual present.
Acceleration Lane
refers to a special
				travel lane on a way that facilitates a change of speed by a vehicle entering a
				travel lane.
Account Holder
is an E-ZPass MA or Pay
				By Plate customer who uses the EZDrive MA system in accordance with applicable
				rules, regulations and/or terms and conditions.
ALPR
shall mean Automatic License
				Plate Recognition which are automated computer processes that identify a
				license plate number, state from which the license plate was issued, and/or
				license plate type using optical character recognition or similar
				software.
Apportioned Vehicle
refers to a motor
				vehicle bearing a valid number plate with an "apportioned" designation issued
				by the Massachusetts Registrar of Motor Vehicles or an equivalent number
				plate.
Articulated Bus
refers to the term
				"articulated bus" as defined in M.G.L. c. 90, § 1.
Auto Home
refers to the term "auto
				home" as defined in M.G.L. c. 90, § 1.
Automobile Transporter
refers to the
				term "automobile transporter" as defined in M.G.L. c. 90, § 1. A
				tractor-trailer or semi-trailer unit capable of transporting fully-assembled
				automobiles or other types of cargo within the enclosed trailer in a
				tractor-trailer unit or within the enclosed semi-trailer in a semi-trailer unit
				is not an "automobile transporter" for the purposes of 700 CMR 7.02.
Axle
refers to a supporting structure,
				upon which a pair or pairs of wheels revolve, that may be included between two
				parallel transverse vertical planes forty inches apart extending across the
				full width of the supported vehicle.
Balance Due
refers to the amount shown
				on invoices and/or other notices, which includes the amount due for tolls,
				fines, and other fees owed to MassDOT for use of the Massachusetts Turnpike,
				MHS, or MassDOT owned or MassDOT approved facilities.
Boat Transporter
refers to the term
				"boat transporter" as defined in M.G.L. c. 90, § 1.
Boston Extension
refers to the
				roadways and tunnels for vehicular traffic as defined in M.G.L. c. 6C, §
				1.
Boston Extension Tunnel
refers to the
				vehicular tunnel consisting of two roadways separated by a median under the air
				rights project between Dalton Street and Clarendon Street, including
				Interchange 22, in the city of Boston, and any additional area that the
				Department designates as such.
Breakdown Lane
refers to a paved lane
				on a way to the right of the travel lanes and separated from them by a solid
				line.
Bridge Gross Weight Formula
refers to
				the formula and definitions of terms set out in
				700 CMR
				7.07(3)(b).
Bus
refers to a motor vehicle bearing
				a valid number plate with a "bus" designation issued by the Massachusetts
				Registrar of Motor Vehicles or an equivalent number plate.
Callahan Tunnel
refers to the tunnel
				for vehicular traffic as described and defined in M.G.L. c. 6C, §
				1.
Car Pool Vehicle
refers to a private
				passenger motor vehicle, not for public hire, carrying three or more
				occupants.
Chief Engineer
refers to the Chief
				Engineer of the Department or an employee or employees of the Department
				designated by the Chief Engineer to carry out one or more of the
				responsibilities assigned to the Chief Engineer in accordance with
				700 CMR 7.00.
Clerk
means MassDOT employees, hearing
				examiners, or persons employed by or under contract with MassDOT or its EZDrive
				MA system contractor, designated by MassDOT to review and to perform functions
				related to EZDrive MA such as processing transactions, invoicing, disputes,
				appeals and hearings, and to administer and/or enforce collections or other
				liabilities and tasks associated with the EZDrive MA system.
Commercial Vehicle
means any Motor
				Vehicle which is not a Private Passenger Motor Vehicle displaying a private
				passenger registration number plate issued by the Massachusetts Registrar of
				Motor Vehicles or other jurisdictions or an equivalent number plate and is not
				a Motorcycle displaying a Motorcycle registration number issued by the
				Massachusetts Registrar of Motor Vehicles or other jurisdictions or an
				equivalent number plate.
Creeper Lane
refers to a special
				travel lane on a way provided for vehicles that cannot maintain the required
				rate of speed over travel lanes.
Cross-over
refers to an area in a
				median used by a vehicle authorized in accordance with
				700 CMR 7.09(10)(b)
				 to cross a median.
Deceleration Lane
refers to a special
				travel lane on a way that facilitates a change of speed by a vehicle leaving a
				travel lane.
Department
or
MassDOT
refers to the Massachusetts Department of
				Transportation created by M.G.L. c. 6C.
Department Vehicle
refers to a vehicle
				owned by the Department and operated by one of its employees or a Massachusetts
				State Police officer.
Disabled Vehicle
refers to a vehicle
				on a way that is incapable of movement under its own power or as to which
				movement is inadvisable because of a flat tire, mechanical breakdown, or other
				malfunction. A disabled vehicle is not an abandoned vehicle, provided that it
				is not stopped on a way for a period of more than two hours and that the
				Massachusetts State Police have been notified that the vehicle is
				disabled.
Equivalent Number Plate
refers to a
				type of number plate issued by the Registrar or department of motor vehicles or
				similar official or department of another jurisdiction in accordance with the
				law of that jurisdiction that is equivalent in function and designation to the
				specific type of number plate issued by the Massachusetts Registrar of Motor
				Vehicles that
				700 CMR 7.00 requires a
				vehicle registered in Massachusetts to display.
Explosive
refers to any chemical
				compound, mixture, or device, the primary or common purpose of which is to
				function by explosion,
i.e
., with substantially instantaneous
				release of gas and heat.
EZDrive MA
is the cashless, automated
				system installed on or operating with respect to the Massachusetts Turnpike,
				MHS, a way, or at other MassDOT owned or MassDOT approved facilities for the
				purpose of collecting tolls, fares, fees, fines or other transactions as
				determined by MassDOT. The EZDrive MA system consists of EZ-Pass MA and Pay By
				Plate.
EZ-Pass MA Equipped Motor Vehicle
shall mean a motor vehicle properly equipped with and using a valid electronic
				device, such as a transponder, that MassDOT, or its EZDrive MA system
				contractor has issued or authorized for the purpose of transmitting information
				to the EZDrive MA system for collecting tolls, fares, fines, fees or other
				transactions electronically
EZ-Pass MA
shall mean the electronic
				toll collection system installed on or operating with respect to the
				Massachusetts Turnpike, a way, or at other MassDOT owned or MassDOT approved
				facilities for the purpose of collecting tolls, fares, fines, fees or other
				transactions through an electronic device, such as a transponder, as determined
				by MassDOT.
Fullmount
refers to a smaller vehicle
				mounted completely on the frame of either the first or last vehicle in a
				saddlemount combination.
Gross Vehicle Weight Rating
refers to
				the term "gross vehicle weight rating", as defined in M.G.L. c. 90, §
				1.
Hazardous Material
refers to the term
				"hazardous material", as defined in 49 CFR Parts 171 through 173 and
				177.
Hearse
refers to a motor vehicle
				bearing a valid number plate with a "hearse" designation issued by the
				Massachusetts Registrar of Motor Vehicles or an equivalent number plate.
Heavy Commercial Vehicle
refers to a
				vehicle in excess of 2.5 tons that is used for the transportation of goods,
				wares, or merchandise.
High Occupancy Vehicle
refers to a
				bus, a car pool vehicle, a pupil vehicle, a school bus, or a vanpool
				vehicle.
Hot List
refers to a list of specific
				license plates and/or transponder numbers provided or identified by law
				enforcement to MassDOT pursuant to the standards and procedures in
				700 CMR
				7.05(8).
House Trailer
refers to the term
				"house trailer", as defined in M.G.L. c. 90, § 1.
Interchange
refers to a location that
				provides entry to and/or exit from a way.
Irreducible Load
or
Vehicle
refers to a load or vehicle exceeding
				applicable weight or length limitations under
				700 CMR
				7.07 that, if separated into smaller loads or
				vehicles, would compromise the intended use of the vehicle,
i.e
., make it unable to perform the function for which it was
				intended; destroy the value of the load or vehicle,
i.e
., make
				it unusable for its intended purpose; or require more than eight work hours to
				dismantle using appropriate equipment.
Irreducible Load Permit
refers to a
				permit that the Department issues for use of a way in accordance with
				700 CMR
				7.07(3)(c)1. or
				(4)(c)1.
Lane
refers to a longitudinal strip of
				roadway of sufficient width to accommodate the passage of a single line of
				vehicles, whether or not the bounds of the lane are indicated by pavement
				markings or longitudinal construction joints.
Large Tandem Unit
refers to a tandem
				unit in which either the semi-trailer or trailer exceeds 28 feet in
				length.
Large Tandem Unit Permit
refers to a
				permit that the Department issues in accordance with
				700 CMR
				7.08.
Late Fee
is assessed by MassDOT on
				unpaid tolls and/or other transactions that have not been paid in full by the
				Payment Due Date shown on an invoice or notice.
Livery Vehicle
refers to a motor
				vehicle bearing a valid number plate with a "livery" designation issued by the
				Massachusetts Registrar of Motor Vehicles or an equivalent number plate.
Marking
refers to a line, legend, or
				other medium or device that is painted or placed by or at the direction of the
				Department on the surface of a way.
Massachusetts State Police Officer
refers to a state police officer assigned to the Department under the
				provisions of M.G.L. c. 22C, § 29.
MassDOT
or
Department
refers to the Massachusetts Department of
				Transportation created by M.G.L. c. 6C.
Median
refers to the area separating
				traffic moving in opposite directions on a way.
Metropolitan Highway System (MHS)
refers to the highway system that consists of the Boston Extension, the
				Callahan Tunnel, the Central Artery, the Central Artery North Area, the Sumner
				Tunnel, and the Ted Williams Tunnel, as defined in M.G.L. c. 6C, §
				1.
Motorcycle
refers to the term
				"motorcycle" as defined in M.G.L. c. 90, § 1.
Motor Vehicle
refers to the singular
				of the term "motor vehicle" as defined in M.G.L. c. 90, § 1.
Non-revenue Vehicle
refers to an
				official vehicle of the Department and any other vehicle that the Department
				designates as such.
Official Emergency Vehicle
refers to
				an official police, fire, or health services vehicle of Massachusetts or any of
				its municipalities, political subdivisions, or instrumentalities.
Official Vehicle of the Department
refers to a motor vehicle of a member, officer, or employee of the Department
				or of a person engaged in the performance of duties in connection with the
				operation of a way.
On The Go (OTG)
is a prepaid toll
				payment option through use of a transponder or other electronic device issued
				by MassDOT or its EZDrive MA contractor, for use with the EZDrive MA system,
				and said device has not been registered with MassDOT or other agency or entity
				that has toll collection reciprocity with MassDOT.
Operator
refers to an individual who
				operates a motor vehicle.
Over-size Vehicle
refers to a vehicle
				or vehicle combination that exceeds the maximum size designated for a vehicle
				or vehicle combination of its type as specified in
				700 CMR
				7.07(4)(a).
Over-weight Vehicle
refers to a
				vehicle that exceeds the maximum weight designated for a vehicle of its type as
				specified in
				700 CMR
				7.07(3)  and/or
				7.08(4).
Parked Vehicle
refers to a vehicle
				that is stopped or standing, whether occupied or not, except that a vehicle is
				not a parked vehicle if it has stopped temporarily because its movement is
				obstructed, the operator is following the direction of a Massachusetts State
				Police officer or a sign, or because it is a disabled vehicle.
Parking
refers to the stopping or
				standing of a parked vehicle.
Pay By Plate (PBP)
refers to the
				EZDrive MA payment option where photographic or video images of vehicles and
				license plates are used to either post toll transactions to a Registered Pay By
				Plate account or for obtaining the name and address of the registered owner of
				the vehicle from the Registry of Motor Vehicles/Department of Motor Vehicles
				(RMV/DMV) or other means, for purposes of collecting tolls, fees, fines, and
				other debts owed.
Pay By Plate Invoice
refers to an
				itemized statement issued to a vehicle's registered owner of record or
				responsible party, where applicable, which provides a summary of toll usage,
				tolls due, balance, late and other fees, fines, penalties, and other amounts
				due associated with toll or other transactions, as well as payments made,
				and/or credits.
Pay By Plate Notice of Non-payment
				(NONP)
is a statement issued to a vehicle's registered owner of
				record, or other responsible party, where applicable, when any portion of the
				Balance Due from the Pay By Plate Past Due Invoice is outstanding after the Pay
				By Plate Past Due Invoice Payment Due Date. The NONP may include any previous
				Balance Due and any current tolls, fees, fines, penalties and other amounts
				due, as well as payments made, credits, and/or other transactions.
Pay By Plate Notice of Liability (NOL)
is a statement issued to a vehicle's registered owner of record when any
				portion of the Balance Due from the NONP is outstanding after the NONP Payment
				Due Date. The NOL may include any previous Balance Due and any current tolls,
				fees, fines and penalties, as well as payments made credits, and/or other
				transactions. The NOL demands immediate payment of NOL Balance Due.
Pay By Plate Past Due Invoice
refers
				to a statement issued to a vehicle's registered owner or other responsible
				party, where applicable, when any portion of the Balance Due from the Pay By
				Plate Invoice is outstanding after the Pay By Plate Invoice Payment Due Date.
				Pay By Plate Past Due Invoice may include any previous Balance Due and any
				current tolls, fees, fines, penalties, and other amounts due, as well as
				payments made, credits, and/or other transactions.
Pay By Plate Registered Account
refers
				to a payment option whereby a vehicle and its corresponding license plate is
				provided by the customer to be listed on an account for collecting tolls, fees,
				fines or other transactions as determined by MassDOT.
Payment Due Date
is the date on which
				a payment must be received by MassDOT in accordance with an E-ZPass MA or Pay
				By Plate invoice or notice issued by MassDOT in order to avoid additional fees,
				fines, and/or penalties.
Person
refers to an individual, firm,
				co-partnership, association, corporation, or other legal entity.
Private Passenger Motor Vehicle
refers
				to the term "private passenger motor vehicle" as defined by the Registrar of
				Motor Vehicles in
				540 CMR
				2.05:
Vehicle Registration
				Requirements
.
Pupil Vehicle
refers to a motor
				vehicle bearing a valid number plate with a "pupil" designation issued by the
				Massachusetts Registrar of Motor Vehicles or an equivalent number plate.
Qualified Towing Contractor
refers to
				a qualified emergency road-service provider having a service contract with the
				Massachusetts State Police in accordance with
				700 CMR
				7.12(2)(c)3.
Recreational Vehicle
refers to a
				private passenger motor vehicle that provides living accommodations for persons
				or an apportionable vehicle designed or converted and used exclusively for
				personal pleasure or travel by an individual or the individual's family.
Reducible Load
refers to any load or
				object including the vehicle whose gross weight or dimensions can be
				practically reduced to a lesser gross weight or dimension as determined by the
				Chief Engineer.
Reducible Load Permit
refers to a
				permit that the Department issues to an owner or lessee of a vehicle for which
				the chief engineer has issued a valid reducible load permit in accordance with
				700 CMR
				7.07(3)(c)3.
Registered Owner
refers to a person
				registered by the Massachusetts Registrar of Motor Vehicles in accordance with
				M.G.L. c. 90, § 2, at the time of a violation of
				700 CMR 7.03,
				7.04,
				or
				7.12
				as the owner of the vehicle involved in the violation or who is so registered
				by the Registrar or department of motor vehicles or similar official or
				department of another jurisdiction in accordance with the law of that
				jurisdiction.
Roadway
refers to that portion of a
				way consisting of travel lanes, including acceleration lanes and deceleration
				lanes, creeper lanes, and ramps or approaches to toll plazas.
Saddlemount Combination
refers to a
				combination of vehicles in which a truck or tractor tows one or more trucks or
				tractors, each connected by a saddle to the frame or fifth wheel of the vehicle
				in front of it. The saddle is a mechanism that connects the front axle of the
				towed vehicle to the frame or fifth wheel of the vehicle in front of the towed
				vehicle and functions as a fifth wheel kingpin connection. When two vehicles
				are towed in this manner, the combination is called a double saddlemount
				combination, and, when three vehicles are towed in this manner, the combination
				is called a triple saddlemount combination.
School Bus
refers to a motor vehicle
				bearing a valid number plate with a "school bus" designation issued by the
				Massachusetts Registrar of Motor Vehicles or an equivalent number.
Semi-trailer
refers to the term
				"semi-trailer" as defined in M.G.L. c. 90, § 1. Semi-trailer unit refers
				to the term "semi-trailer unit" as defined in M.G.L. c. 90, § 1.
Service
or
Rest
				Area
refers to an area that the Department designates along a way
				for the purpose of providing travelers on the way rest or refreshment or to
				provide services for vehicles using the way.
Shoulder
refers to that part of the
				paved surface of a way lying outside solid traffic lines.
Sign
refers to a sign, lights, signal,
				barrier, marker, marking, cone, barrel, or similar device or indicator, whether
				the means of display or indication is mechanical, electrical, acoustical, or
				another means, that the Department deploys or causes to be deployed for the
				purpose of regulating traffic, parking, or other activity on a way.
Small Tandem Unit
refers to a tandem
				unit in which either the semi-trailer or trailer does not exceed 28 feet in
				length.
Small Tandem Unit Permit
refers to a
				permit that the Department issues in accordance with
				700 CMR
				7.07(3)(c)4.
Special Fuel
refers to a liquefied
				petroleum gas, including propane, butane, LP Gas or LPG, a liquefied natural
				gas or LNG, and a compressed natural gas or CNG, and hydrogen.
Special Fuel Transportation Permit
refers to a permit that the Department issues allowing a vehicle transporting a
				special fuel to travel on certain portions of a way in accordance with
				700 CMR
				7.07(6).
Special Permit
refers to an
				irreducible load permit, a large tandem unit permit, a small tandem unit
				permit, a reducible load permit, a special permit for explosives, or a special
				fuel transportation permit.
Special Permit for Explosives
refers
				to a permit that the Department issues allowing a vehicle transporting
				explosives to travel on certain portions of a way in accordance with
				700 CMR
				7.07(5).
Special Vehicle
refers to a vehicle
				that is not otherwise a commercial vehicle or high-occupancy vehicle and that
				the Department designates as authorized to use the Tunnels in furtherance of a
				purpose or need consistent with the public welfare or necessity and with the
				safe and efficient use of the Tunnels.
Sumner Tunnel
refers to the tunnel for
				vehicular traffic as defined in M.G.L. c. 6C, § 1.
Tandem Axles
refers to two or more
				consecutive axles whose centers can be included between parallel transverse
				vertical planes spaced not less than 40 and not more than 96 inches apart,
				extending across the full width of the vehicle.
Tandem Unit
refers to the term "tandem
				unit" as defined in M.G.L. c. 90, § 1.
Taxi
refers to a motor vehicle bearing
				a valid number plate with a "taxi" designation issued by the Massachusetts
				Registrar of Motor Vehicles or an equivalent number plate.
Ted Williams Tunnel
refers to the
				system of roadways, bridges, viaducts and tunnels for vehicular traffic as
				defined in M.G.L. c. 6C, § 1.
Toll
shall mean the amount assessed by
				MassDOT for passage over the Massachusetts Turnpike and MHS.
Tractor
refers to the non-cargo
				carrying power unit that operates in combination with a semi-trailer or
				trailer, except that the power unit of a semi-trailer unit engaged in the
				transportation of automobiles is also a tractor notwithstanding its use to
				carry motor vehicles.
Traffic
refers to vehicles, either
				singly or together, using any portion of a way for the purpose of
				travel.
Traffic Control Signal
refers to a
				device using colored lights whereby traffic may alternately be directed to slow
				down and proceed with caution, to stop, or to proceed.
Trailer
refers to the term "trailer"
				as defined in M.G.L. c. 90, § 1.
Transponder
refers to an electronic
				device used for the collection of tolls, fines, or other fees as determined by
				MassDOT.
Travel Lane
refers to a lane used by
				traffic for ordinary travel.
Truck
refers to a motor vehicle
				designed to carry goods.
Tunnels
refers to all Tunnels owned
				and operated by the Department, Metropolitan Highway System Tunnels, including
				but not limited to the Callahan, Sumner, Ted Williams, Boston Extension as
				defined in M.G.L. c. 6C, § 1, including the roadway referred to as the
				Prudential Tunnel, I-90, I-93, and the Central Artery North Area (CANA)
				Tunnels, individually or collectively, including their access and egress ramps,
				each of which is a way.
Turnpike
refers to the term "turnpike"
				as defined in M.G.L. c. 6C, § 1.
U-turn
refers to the backing or
				turning of a vehicle whereby its direction is reversed.
Vanpool Vehicle
refers to a motor
				vehicle bearing a valid number plate with a "vanpool" designation issued by the
				Massachusetts Registrar of Motor Vehicles or an equivalent number plate.
Vehicle
refers to a device in, upon,
				or by which individuals or property are or can be transported upon a
				way.
Vehicle Combination
refers to any
				attached combination of a motor vehicle and vehicle or vehicles.
Vehicle Height
refers to the height of
				a vehicle, including its load.
Vehicle Length
refers to the length of
				a vehicle or vehicle combination, including its load and load-holding devices,
				but exclusive of safety and energy-conservation devices such as refrigeration
				units and air compressors, heating units, wind deflectors, flexible fender
				extensions, mud flaps and splash and spray suppressant devices, or other device
				that the Department determines is necessary for safe and efficient operation,
				provided that any such device is mounted, and extends beyond the nominally
				allowed length, in a manner and to the extent that the Department determines,
				and provided further that the device is not designed or used to carry
				cargo.
Vehicle Weight
refers to the gross
				weight of a vehicle, including its load.
Vehicle Width
refers to the width of a
				vehicle, including its load, but exclusive of load-induced tire bulge, rear
				view mirrors, turn signal lamps, hand holds for cab entry or egress, mud flaps
				and splash and spray suppressant devices, or other device that the Department
				determines is necessary for the safe and efficient operation of the vehicle,
				provided that any such device is mounted, and extends beyond the nominally
				allowed width, in such manner and to such extent as the Department determines,
				and provided further that in no event may such a device extend more than three
				inches beyond the maximum vehicle width on each side.
Way
is defined as the Turnpike, the
				Metropolitan Highway System, tunnels, a service or rest area, that is located
				on property owned or controlled and under the jurisdiction of the Department,
				and includes the areas appurtenant to said way that are necessary for the
				operation, construction and maintenance of the way.