reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors › Section 14.08 - Miscellaneous for Contractors

Current through Register 1525, July 5, 2024
(1)
Proposals with Project Values under $50,000
. If a
			 multiple bid proposal contains projects with Project Values less than $50,000,
			 but totaling more than $50,000, only Prequalified Contractors on the official
			 bid list issued by the Department can obtain the Official Proposal
			 Documents.
(2)
Contractor's Performance
. The Contractor should be on
			 notice that its conduct, not only as to the workmanship on the project, but
			 also towards the travelling public and abutters alike may affect its
			 prequalification status. The Contractor is directed to take special note of the
			 Standard Specifications for Highways and Bridges, latest edition or revisions
			 thereof and amendments and supplements thereto in effect on the bid opening
			 date, as well as M.G.L. c. 81, § 18. The Contractor is reminded that
			 respect towards the public during a Department or Other Awarding Authority
			 sponsored project is to be maintained at all times.
(3)
Scope of
			 Regulations
. 700 CMR 14.00 shall not be construed as extending to
			 decisions or actions of the Department not pertaining to the Contractor's
			 Prequalification status and competence to perform the work. Furthermore, 700
			 CMR 14.00 is not intended to set forth or create a regulatory or appeal
			 mechanism concerning:
(a) the rejection by the
			 Administrator of bids which contain informalities or otherwise fail to comply
			 with the public bidding laws; or
(b) the Administrator's decision to reject
			 all bids and re-advertise a project; or
(c) any other decision of the Department not
			 directly related to the Contractor's Prequalification status or competence to
			 perform the work.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 4.00 - The Massachusetts Intercity Bus Capital Assistance Program › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
701 CMR 4.00 establishes
				procedures for applying for and awarding of vehicles under the Massachusetts
				Intercity Bus Capital Assistance Program (M.G.L. c. 161D). They are intended to
				create a method of awarding these vehicles which is open, fair, consistent,
				simple, and in conformance with the legislative mandate.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 4.00 - The Massachusetts Intercity Bus Capital Assistance Program › Section 4.02 - Definitions

Current through Register 1525, July 5, 2024
Affiliated Company
is defined as in
				M.G.L. c. 159,§34A(d).
Applicant
means any intercity bus
				carrier, including all of its affiliated companies, which requests vehicle
				spursuant to M.G.Lc.161D.
Capacity
means the number of installed
				seats on a vehicle.
Central Facilities
means the principal
				place of vehicle garaging.
Executive Office
means the Executive
				Office of Transportation and Construction.
Office Headquarters
means the
				principal place of doing business.
Primary Service
means the service, or
				services, for which a vehicle is being acquired.
Regular Route
is defined as in M.GL c.
				159A, § 1.
Secondary Service
means charter,
				special and other services as defined in M.GL. c. 159A, § 1 1A, and which
				a vehicle will perform in addition to the primary service.
Secretary
means the Secretary of the
				Executive Office of Transportation and Construction.
Subsidy Contract
means a contract
				under which a bus company receives payment from a public transportation
				authority for services rendered.
Vehicle
is defined as in M.GL. c.
				161D, §2, and acquired pursuant to the provisions of M.GL. c. 161D unless
				the context clearly indicates otherwise.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 4.00 - The Massachusetts Intercity Bus Capital Assistance Program › Section 4.03 - Eligibility-Applicants

Current through Register 1525, July 5, 2024
(1)
Common Carrier
. An applicant shall be a common carrier
			 of passengers by motor vehicle possessing a certificate of public convenience
			 and necessity, or its equivalent, issued pursuant to the provisions of MGL c.
			 159A, § 7, MGL c. 161A, § 3(i), or MGL c. 161B, §
			 6(i).
(2)
Affiliated
			 Companies
. Affiliated companies shall be considered as "one
			 applicant."
(3)
Massachusetts Based
. Applicants shall have their
			 central facilities and office headquarters located within the boundaries of the
			 Commonwealth. In the case of affiliated companies based in more than one state,
			 the central facilities and office headquarters shall be considered to be
			 located in the state of the affiliate with the highest gross revenue.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 4.00 - The Massachusetts Intercity Bus Capital Assistance Program › Section 4.04 - Application Process

Current through Register 1525, July 5, 2024
An application in a format approved by the Secretary and which
				includes the information listed below must be completed by all
				applicants:
(a) number of vehicles
			 requested
(b) corporate identity
			 and composition
(c) current fleet
			 and operations
(d) proposed
			 service
(e) maintenance capability
			 and plan
(f) financial history and
			 status
(g) certifications as to
			 corporate authority, financial capacity, Affirmative Action, route
			 authority.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 4.00 - The Massachusetts Intercity Bus Capital Assistance Program › Section 4.05 - Application Review

Current through Register 1525, July 5, 2024
The Secretary shall review the information in each application
				and make a determination of merit based on the application and consistent with
				the purposes of M.G.L. c. 161D §§ 1 through 6.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 4.00 - The Massachusetts Intercity Bus Capital Assistance Program › Section 4.06 - Award of Vehicles

Current through Register 1525, July 5, 2024
The Secretary shall make awards based on the determination of
				merit made under 701 CMR 4.06 and in compliance with M.G.L. c. 161D, §
				4.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 4.00 - The Massachusetts Intercity Bus Capital Assistance Program › Section 4.07 - Obligation of Applicants

Current through Register 1525, July 5, 2024
In accepting a final award, an applicant assumes the following
				obligations:
(1)
Lease
			 Agreement
. To enter into a seven-year lease agreement with the
			 Commonwealth for the operation of the vehicle, and to meet all obligations
			 pursuant to the lease.
(2)
Service
. To provide such service as specified in the
			 lease agreement and to provide such documentary records as shall be required by
			 the Secretary.
(3)
Liability
. To assume all liability for the operation
			 of the vehicle and to hold the Commonwealth harmless for same.
(4)
Maintenance
. To
			 maintain the vehicle in a manner to be prescribed by the Secretary and to
			 provide such records and to submit to such inspections as the Secretary may
			 require.
(5)
Surrender
			 of Vehicle - Failure to Perform Obligations
. If, in the judgement
			 of the Secretary, the applicant fails to perform the obligations specified in
			 the lease, the applicant shall surrender the vehicle to the Executive Office
			 within 30 days of such a finding.
(6)
Surrender of Vehicle -
			 Completion of Lease
. The applicant shall surrender the vehicle to
			 the Executive Office upon completion of the lease, understanding that the
			 vehicle will be sold at public auction.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 6.00 - Reserved

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
760 CMR 6.00: M.G.L. c. 6A,
				§ 19; c. 30A, §§ 2 and 3 and St. 2004, c. 291, § 2I, Item
				6001-0421.
Code of Massachusetts Regulations › 701 CMR - EXECUTIVE OFFICE OF TRANSPORTATION AND PUBLIC WORKS › Title 701 CMR 7.00

Current through Register 1525, July 5, 2024
REGULATORY AUTHORITY
701 CMR 7.00: St. 2008, c. 86, § 10, M.G.L. c. 6A, §
				19, c. 85, § 2, and c. 30A, §§ 2 and 3.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 1.00 - Adjudicatory Proceedings › Section 1.01 - Adjudicatory Proceedings

Current through Register 1525, July 5, 2024
(1) Hearings held before the division pursuant to 702 CMR 1.01 shall be adjudicatory proceedings conducted pursuant to 801 CMR 1.01:
Formal Rules
, as modified by 702 CMR 1.01.
(2) The following types of adjudicatory hearings shall be held by the division:
(a) Hearings regarding the suspension, revocation, or withholding of any certificate, license, permit or registration issued pursuant to M.G.L. c. 90 or 702 CMR.
(b) Hearings appealing from the division's denial of a permit to erect or modify a structure within an airport approach pursuant to M.G.L. c. 90, §§ 35A through 35C.
(c) Investigative hearings pursuant to M.G.L. c. 90, § 41 that the division determines, in its discretion, should be held as formal adjudicatory hearings.
(d) Hearings requested pursuant to M.G.L. c. 90, §§ 49B through 49T.
(e) Any other hearing required to be held as an adjudicatory hearing or which the division determines, in its discretion, should be held as an adjudicatory hearing.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 2.00 - Construction and Application › Section 2.01 - Definitions

Current through Register 1525, July 5, 2024
(1) As used in 702 CMR, the following words shall have the meanings set forth in 702 CMR 2.01, unless otherwise required in 702 CMR 2.00.
Accident
. An aircraft accident as defined in  49 C.F.R. §
										830.2
Acrobatic Flight
. Maneuvers intentionally performed by a pilot of an aircraft involving an abrupt change in its attitude, an abnormal attitude or an abnormal acceleration, not including turns or maneuvers necessary to normal flight.
Administrator
. Administrator of the division.
Administrator
shall have the same meaning as the term "Director" pursuant to M.G.L. c. 90, § 35.
Aircraft
. An aircraft as defined in M.G.L. c. 90, § 35 including, without limitation, an unmanned aerial vehicle.
Air Meet
. A scheduled event or events consisting of a contest, demonstration or exhibition involving aircraft in flight, conducted mainly for the interest of either spectators or contestants.
Balloon
. An aircraft, excluding moored balloons, without mechanical means of propulsion, the support of which is derived from lighter-than-air gas.
Certificate of Authorization
. A Certificate of Authorization issued by FAA that permits the holder to operate one or more unmanned aerial vehicles.
Commonwealth
. The Commonwealth of Massachusetts.
Division
. The Aeronautics Division of MassDOT.
Division
shall have the same meaning as the term "Commission" pursuant to M.G.L. c. 90, § 35.
FAA
. The Federal Aviation Administration.
Heliport
. Any landing area used for the take-off and landing of helicopters.
MassDOT
. The Massachusetts Department of Transportation.
Operator
. A person who engages in the "Operation of aircraft", as defined by M.G.L. c. 90, § 35.
Pilot
. A person operating an aircraft in flight.
Private Restricted Landing Area
. A landing area that is used solely for non-commercial, private use by the owner or lessee of the landing area.
To Pilot
. To be in command of the aircraft during takeoff, in flight, or landing.
Unmanned Aerial Vehicle
. An aircraft operated without the possibility of direct human intervention from within or on the aircraft.
Vicinity of Airport
. The airspace below 1500 ft. above the surface and within 10,000 ft. horizontally of the center of an airport.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 2.00 - Construction and Application › Section 2.02 - Waiver

Current through Register 1525, July 5, 2024
(1) The division, acting through the administrator, may in its direction waive any provision or requirement in 702 CMR not specifically required by law, when, in its judgment, after consideration of the facts involved, the division finds that:
(a) Granting the waiver is consistent with the purposes of M.G.L. c. 90, §§ 35 through 52;
(b) Granting the waiver will not interfere with the ability of the division to fulfill its duties;
(c) Granting the waiver will not adversely affect the public interest or public safety; and
(d) Not granting the waiver would cause a substantial hardship to the person requesting the waiver.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 3.00 - Licensing and Registration › Section 3.01 - Registration of Airmen

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 90, § 47, no person shall operate or navigate any aircraft within the commonwealth unless such person is the holder of all certifications required to operate or navigate that aircraft pursuant to 14 C.F.R. Subchapter D, and any other applicable federal law, regulation, order or directive and, if such person is a resident of the commonwealth, that person has registered annually with the division pursuant to 702 CMR 3.01(3).
(2) Neither the owner nor anyone having custody of an aircraft shall permit any person to operate an aircraft within the commonwealth unless the owner or the one having custody of the aircraft has ascertained that such person is the holder of all certifications and registrations required to operate the aircraft pursuant to M.G.L. c. 90, § 47, 14 C.F.R. Subchapter D, and 702 CMR 3.01.
(3) Those persons so required by M.G.L. c. 90, § 49, shall:
(a) Annually register any federal airmen's licenses or certificates issued by the FAA or other applicable federal authority with the division on forms provided by the division for that purpose. Persons registering such certificates with the division shall notify the division within ten days of any change in any of the conditions reported in the registration; and
(b) Pay any fee determined by the division pursuant to M.G.L. c. 90, § 49 for registration with the division.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 3.00 - Licensing and Registration › Section 3.02 - Registration of Aircraft

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 90, § 49(b), every person owning a civil aircraft which must be registered or certified by the FAA, and which is based in the commonwealth for more than 60 days, but less than 180 days during any 12-month period, shall, unless that aircraft is properly registered with another state or territory of the United States, register the aircraft with the division pursuant to 702 CMR 3.03 and 3.04.
(2) Pursuant to M.G.L. c. 90, § 49(b), every person owning a civil aircraft which must be registered or certified by the FAA, and which is based in the commonwealth for more than 180 days during any 12-month period, shall, regardless of whether that aircraft is properly registered with another state or territory of the United States, register the aircraft with the division pursuant to 702 CMR 3.03 and 3.04.
(3) No aircraft, except a public aircraft, shall be deemed registered with the division unless and until the applicant furnishes proof that the aircraft meets all the requirements of M.G.L. c. 90, § 48, and that the owner of the aircraft possesses all licenses or certificates required pursuant to 14 C.F.R. Subchapter C, and any other applicable federal law, regulation, order or directives, which may include, in the case of Unmanned Aerial Vehicles, a Certificate of Authorization.
(4) Except as provided below, any tax on the sale or use of an aircraft required to be registered shall be paid by the purchaser or user of such aircraft prior to the time the owner applies to the division for registration pursuant to 702 CMR 3.02 and 3.03.
(5) Neither the owner nor anyone having custody of an aircraft shall permit any person to operate such aircraft within the commonwealth unless the aircraft is permitted to operate within the commonwealth pursuant to M.G.L. c. 90, § 48, 14 C.F.R. Subchapter C and 702 CMR 3.02(1) through (4).
(6) No person shall operate an aircraft or permit any other person to operate such aircraft within the commonwealth unless the aircraft is permitted to operate within the commonwealth pursuant to M.G.L. c. 90, § 48, 14 C.F.R. Subchapter C and 702 CMR 3.02(1) through (4).
(7) Those persons so required by M.G.L. c. 90, § 49, shall:
(a) Annually register any federal aircraft licenses or certificates issued by the FAA or other applicable federal authority with the division on forms provided by the division for that purpose. Persons registering such licenses or certificates with the division shall notify the division within ten days of any change in any of the conditions reported in the registration; and
(b) Pay any fee determined by the division pursuant to M.G.L. c. 90, § 49 for registration with the division.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 3.00 - Licensing and Registration › Section 3.03 - Inspection

Current through Register 1525, July 5, 2024
(1) Any authorized representative of the division shall be permitted to inspect any aircraft in the commonwealth at any time and place for the purpose of determining its flying condition and state of repair, and for any other purpose within the division's jurisdiction. For the purposes of such inspections, the owner, operator, airman or pilot shall give to such representative of the division free and uninterrupted access to the aircraft and the field or shelter where the aircraft is located, and shall submit for inspection registrations, licenses, airworthiness certificates, operation records, logbooks and other pertinent records upon request.
(2) Any airman or other person who operates or attempts to operate an aircraft in the commonwealth shall, on request of a law enforcement officer or authorized representative of the division, be deemed to have given consent to:
(a) Physical tests and examination for the purposes of determining whether the person is under the influence of intoxicating liquor or controlled substances; and
(b) A chemical, infrared molecular absorption or gas chromatograph test or tests of any or all of any combination of the following: blood, urine, or breath for the purposes of determining whether the person is under the influence of intoxicating liquor or controlled substances.
Such tests shall be administered at the direction of a law enforcement official or authorized representative of the division having reasonable suspicion to believe the person to have been operating, attempting to operate, or in actual physical control of an aircraft in the commonwealth while under the influence of intoxicating liquor or controlled substances.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 3.00 - Licensing and Registration › Section 3.04 - Air Meets

Current through Register 1525, July 5, 2024
(1) No air meet shall be conducted unless prior to such air meet a detailed schedule of the program and a description of all events are submitted in writing to the division and a written permit therefor is granted by the division or its authorized representative.
(2) The division shall have full discretion as to whether to issue a permit for an air meet. Applicants shall have no legal right or privilege to conduct an air meet and shall not be entitled to any further review if denied by the division.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 3.00 - Licensing and Registration › Section 3.05 - Enforcement

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 90, the division may issue orders to cease any activity which violates the provisions of M.G.L. c. 90, 702 CMR or any other law related to the operation of an aircraft.
(2) A person who fails to comply with any provision of 702 CMR, or any order issued by the division pursuant to 702 CMR 3.05(1), or who makes any false or misleading statements in information submitted to the Division pursuant to 702 CMR or M.G.L. c. 90, may be subject to:
(a) fines, arrest and imprisonment pursuant to M.G.L. c. 90, § 44.
(b) the suspension, revocation, or conditioning of any license, permit or registration issued pursuant to 702 CMR and M.G.L. c. 90; and
(c) any other order, fine, or penalty as may be issued pursuant to M.G.L. c. 90, § 40.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 4.00 - Flight Rules › Section 4.01 - Authority of Operator

Current through Register 1525, July 5, 2024
(1) No person shall land an aircraft upon, fly an aircraft from, or conduct any other aircraft operations on or from an airport, heliport, or restricted landing area other than in conformity with federal aviation statutes and all FAA rules, regulations, orders and directives.
(2) The operator of an aircraft shall be directly responsible for its operation in accordance with M.G.L. c. 90, 702 CMR, federal and state law, and all FAA rules, regulations, orders and directives.
(3) No person shall knowingly allow an aircraft owned by him or her or under his or her control to be operated by any person who has no legal right to do so, or in violation of any FAA rules, regulations, orders and directives, M.G.L. c. 90, or 702 CMR.
(4) In emergency situations which require immediate decision and action, the operator may deviate from a provision of 702 CMR to the extent required to avoid imminent harm to persons or property.
(5) If an operator exercises his authority to deviate from a provision of 702 CMR pursuant to 702 CMR 4.01(4), the operator shall, within seven days, file a written report with the division describing any deviation from the provisions of 702 CMR and the reason for such deviation.
(6) The division may, upon review of the report required pursuant to 702 CMR 4.01(5), determine that the deviation from 702 CMR was not warranted by the circumstances and take enforcement action pursuant to M.G.L. c. 90, § 44 and 702 CMR 3.05:
Enforcement
or 5.09:
Enforcement
.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.01 - Applications

Current through Register 1525, July 5, 2024
Pursuant to M.G.L. c. 90, § 39B, no one may establish, alter, activate or deactivate an airport, heliport or restricted landing area without first obtaining a certificate of approval issued by the division pursuant to 702 CMR 5.02 through 5.06.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.02 - Scope

Current through Register 1525, July 5, 2024
702 CMR 5.02 does not apply to:
(1) private restricted landing areas, provided that any person constructing or maintaining a private restricted landing area must so inform the division in writing, and construct and maintain such landing area in accordance with all applicable standards and in such a manner as shall not endanger public safety;
(2) airports, heliports or restricted landing areas operated by the Massachusetts Port Authority pursuant to St. 1956, c. 465; and
(3) airports, heliports or restricted landing areas operated by the United States government including military airports.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.03 - Application Requirements

Current through Register 1525, July 5, 2024
(1) The applicant shall set forth the general purpose or purposes for which the airport, heliport or restricted landing area is to be established and ensure that the site, and its use, conform to all applicable safety standards.
(2) All applications for an airport, heliport or restricted landing area must be submitted at least 90 days prior to the date the applicant intends to use the site as an airport, heliport or restricted landing area.
(3) Applicants proposing an airport, heliport or restricted landing area or alterations to an airport, heliport or restricted landing area that is not located on property owned or controlled by the applicant or is partially located on property owned or controlled by others, must obtain authorization from the owner or person in control of the property to use the property. The signature of the owner or person in control of the property must be notarized. Such written, notarized authorizations must expressly authorize the applicant to apply for the activities set forth in the application.
(4) Information required in the application includes the address, a description of the airport, heliport or restricted landing area, the general purpose or purposes for which the airport, heliport, or restricted landing area is to be established, the dates and times of the proposed use, a site plan drawn to scale, and a written plan addressing safety and security.
(5) Applications for an airport, heliport, or restricted landing area must be accompanied by a fee in the amount determined by the division.
(6) An airport, heliport or restricted landing area shall be inspected by the division prior to the issuance of a certificate of approval. The inspection shall include but not be limited to: wind indicators, management requirements, surface condition reporting, plans for safety and security, emergency equipment, established approaches, and ground-to-air communications, and other requirements deemed by the division to be applicable to the particular landing site.
(7) The applicant shall send written notification to the respective fire and police departments in the city or town where the proposed airport, heliport or restricted landing area is located. Such notification shall state that an application for a certificate of approval has been filed with the division, and that the applicant will notify the fire and police departments of application approval. The applicant shall submit a copy of this notification with the application for a certificate of approval.
(8) Pursuant to M.G.L. c. 90, § 39B, before issuing a certificate of approval for an airport, heliport or restricted landing area, the division shall hold a public hearing in the city or town where the airport, heliport, or restricted landing area is to be located.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.04 - Certificate of Approval

Current through Register 1525, July 5, 2024
(1) The division will identify any apparent safety issues to be addressed or considered prior to use of the airport, heliport or restricted landing area using FAA requirements.
(2) It is the responsibility of the recipient of a certificate of approval for an airport, heliport or restricted landing area to independently determine whether aircraft may be safely landed at the proposed site and ensure that the surface of the landing area remains cleared of any obstructions and available for safe operations at the time the use is proposed.
(3) Any approval issued by the division shall be limited to the facts submitted with the application and be subject to the recipient of a certificate of approval for an airport, heliport or restricted landing area's and aircraft pilot's independent determination that the particular aircraft may be safely operated at the site prior to each use.
(4) A certificate of approval issued by the division does not obviate the need for compliance with any other applicable federal, state, or local laws.
(5) The certificate of approval shall only apply to those types of flight operations requested by the applicant.
(6) The recipient of a certificate of approval for an airport, heliport or restricted landing area must ensure that the use of the site complies with any conditions imposed by the division in the certificate of approval.
(7) The recipient of a certificate of approval for an airport, heliport or restricted landing area has an ongoing duty to maintain the certificate and ensure that there are not any changes or alterations as set forth in 702 CMR 5.05.
(8) The certificate of approval must be posted in the place of business in clear view of the public at all times.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.05 - Alterations/Changes to Airport, Heliport, Restricted Landing Area or Surrounding Area

Current through Register 1525, July 5, 2024
It is the obligation of the recipient of a certificate of approval for an airport, heliport or restricted landing area to notify the division of any:
(1) alteration to, or de-activation of, the site; and
(2) change to the airport, heliport, restricted landing area or properties in the vicinity of the site that may affect the ability to land an aircraft. All alterations or changes must be approved by the division in advance of any use or change in use.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.06 - Inspection Requirements

Current through Register 1525, July 5, 2024
(1) Airports, heliports and restricted landing areas shall be subject to inspection by the division with or without notice pursuant to 702 CMR 3.03:
Inspections
. Airports servicing air carrier operations pursuant to 49 C.F.R. Part 139 are subject to FAA inspection.
(2) The inspections shall meet the criteria as set forth in 702 CMR 5.03.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.07 - Private Restricted Landing Areas

Current through Register 1525, July 5, 2024
Persons maintaining a private restricted landing area must register with the division annually, and such landing areas shall be subject to an inspection at least once every five years by the division with reasonable notice.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.08 - Airport Managers

Current through Register 1525, July 5, 2024
(1)
Licensing
. Any person, qualified as provided in 702 CMR 5.08(2), who successfully passes a written examination given by the division, may be licensed as an Airport Manager. The division may, after due hearing if such hearing is requested, revoke or suspend any license issued hereunder for any cause which, in its discretion, it may deem sufficient.
(2)
Qualifications
. Any citizen of the United States or a resident alien, at least 21 years of age, having a high school education or its equivalent, is eligible to take the required licensing examination.
(3)
Duties
. The Airport Manager shall:
(a) Have authority to suspend flying operations on or from the airport when in his or her opinion the condition of the landing areas or local conditions might make such operations unsafe.
(b) Be responsible for the observance in the operation of the airport of all applicable laws governing aeronautics and the rules and regulations adopted or approved thereunder, including all requirements of 14 C.F.R. Part 139 if applicable.
(c) Designate a person whom he or she deems competent and whom he or she has instructed on the action to be followed in emergency situations to act in his or her stead at such times as he or she shall be absent from the airport.
(d) Report to the division infractions of aeronautical laws, rules or regulations, or accidents on or in the vicinity of the airport, or involving aircraft or airmen based at or customarily operating from the airport under the manager's jurisdiction.
(e) Report to the division all changes in size, marking, lighting, obstruction or surface conditions of landing areas of the airport which might affect the safety of aircraft operations.
(f) Forward to the division, on March 1st and September 1st of each year, a listing of all aircraft based at the airport.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 5.00 - Airports, Heliports and Restricted Landing Areas › Section 5.09 - Enforcement

Current through Register 1525, July 5, 2024
(1) Pursuant to M.G.L. c. 90, the division may issue orders to cease any activity which violates the provisions of M.G.L. c. 90, 702 CMR or any other law related to the operation of an airport, heliport or restricted landing area.
(2) A person who fails to comply with any provision of 702 CMR, or any order issued by the division pursuant to 702 CMR 5.09(1), or who makes any false or misleading statements in information submitted to the division pursuant to 702 CMR or M.G.L. c. 90, may be subject to:
(a) fines, arrest and imprisonment pursuant to M.G.L. c. 90, § 44.
(b) the suspension, revocation, or conditioning of any license, permit or registration issued pursuant to 702 CMR and M.G.L. c. 90; and
(c) any other order, fine, or penalty as may be issued pursuant to M.G.L. c. 90, § 40.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 6.00 - Aircraft Accidents › Section 6.01 - Reporting and Notification of Accidents

Current through Register 1525, July 5, 2024
(1) The pilot or other person in command of the aircraft involved in an accident or emergency landing shall, within seven days, make a report and notification of the accident or emergency landing as required by 702 CMR 6.01(2) through (4) if the accident or emergency landing occurred in Massachusetts or if the pilot or aircraft is required to be registered pursuant to 702 CMR 3.00:
Licensing and Registration
, unless the pilot or other person in command of the aircraft is incapacitated, in which event the operator, owner, lessee or other person that causes or authorizes the operation of the aircraft, shall make such report and notification.
(2) A person required to submit a report under 702 CMR 6.01 shall immediately notify the division and the Massachusetts State Police in person, by telephone, or by means of electronic communication, of the occurrence of any accident:
(a) resulting in serious or fatal injury to any person; or
(b) known or believed to have resulted from a mechanical defect or failure of an aircraft or from a defect in the fuel used in the aircraft.
Code of Massachusetts Regulations › 702 CMR - MASSACHUSETTS AERONAUTICS COMMISSION › Title 702 CMR 6.00 - Aircraft Accidents › Section 6.02 - Removal of Wreckage

Current through Register 1525, July 5, 2024
(1) No aircraft or part thereof involved in an air carrier accident or in an accident resulting in serious or fatal injury to any person, or accident known or believed to have resulted from a mechanical defect or failure of an aircraft, or from a defect in the fuel used in the aircraft, shall be moved or disturbed, except:
(a) When necessary for giving assistance to persons injured or trapped in the wreckage;
(b) When necessary in the interest of public safety;
(c) When specific permission shall have been granted by the FAA, other competent federal authority, or by an authorized representative of the division;
(d) When prompt movement of the aircraft is necessary to protect it from further serious damage and it is impossible to secure immediate communication with any person authorized in 702 CMR 6.02(1)(c) to direct the removal; or
(e) When otherwise required by law.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 2.00 - Issuance And Enforcement Of Parking Violations By Massachusetts Bay Transportation Authority › Section 2.01 - Purpose, Scope and Effect

Current through Register 1525, July 5, 2024
(1)
Purpose
. The MBTA establishes 703 CMR 2.00 to promote revenue collection at MBTA Parking Facilities and to address public safety and other related issues associated with the illegal parking of vehicles on properties owned, maintained or controlled by the Authority, including MBTA Bus Stops.
(2)
Scope
. 703 CMR 2.00 regulates activity, and establishes procedures, requirements, and penalties, relating to the charging of Parking Fees and the issuance and enforcement of Parking Violations at MBTA Parking Facilities and Bus Stops. A provision of 703 CMR 2.00 applies equally to each such Parking Facility and Bus Stop, whether or not the provision refers explicitly to a Parking Facility or Bus Stop, unless the provision states otherwise. 703 CMR 2.00 supersedes all previous rules and regulations with respect to the issuance and enforcement of Parking Violations at MBTA Parking Facilities and Bus Stops.
(3)
Effect
. The headings of 703 CMR 2.00 are provided for ease of reference only and should not be used to construe its provisions. A judicial determination that a provision of 703 CMR 2.00 is unenforceable does not affect another provision of 703 CMR 2.00 unless the provisions are integrally related and cannot be severed.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 2.00 - Issuance And Enforcement Of Parking Violations By Massachusetts Bay Transportation Authority › Section 2.02 - Definitions

Current through Register 1525, July 5, 2024
The following terms and their grammatical counterparts are used in 703 CMR 2.00 as described as follows:
Authority or MBTA
refers to the Massachusetts Bay Transportation Authority created by M.G.L. c. 161A.
Bus Stop
refers to any posted MBTA bus stop or bus terminal area throughout the MBTA's service area.
Notice of Liability
refers to a notice from a Violation Clerk to the registered owner of a vehicle stating that additional fines are owed pursuant to 703 CMR 2.04(8).
Parking Clerks Designated by the Authority
will record and collect data to identify a violating vehicle and certify that such violation occurred. Additionally, Parking Clerks may send Violation Notices by mail or affix Violation Notices to vehicles where appropriate and practicable.
Parking Facility
refers to terminals, stations, garages, yards, shops, parking lots, or parking garages owned or operated by the Authority, but specifically excluding any streets, ways, highways, roads and parkways.
Parking Fee
refers to payment required by the MBTA for parking in Parking Facilities. This includes any additional fees, including so-called convenience fees, charged to customers who elect, where available, to receive a monthly invoice in
lieu
of paying for their parking by phone or other electronic device.
Parking Fine
refers to payment required by the MBTA resulting from any of the infractions set forth in 703 CMR 2.04(4)(a):
Table 1
.
Parking Violation
refers to any of the infractions set forth in 703 CMR 2.04(4)(a):
Table 1
.
Violation Clerks Designated by the Authority
will review appeals, conduct hearings and make decisions with respect to Parking Violations issued on behalf of the Authority.
Violation Notice
refers to a written notice issued with respect to a Parking Violation and certified by a Violation Clerk or Parking Clerk in accordance with 703 CMR 2.00.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 2.00 - Issuance And Enforcement Of Parking Violations By Massachusetts Bay Transportation Authority › Section 2.03 - Parking Fees; Methods of Payment; Evasion of Payment

Current through Register 1525, July 5, 2024
(1)
Pay for Parking
. Vehicles parked at MBTA parking facilities shall be charged a Parking Fee. A vehicle that leaves a facility and re-enters shall be charged for each time it enters and leaves a parking facility. The MBTA will establish Parking Fees from time to time and will post such fees at Parking Facilities and on the MBTA's website.
See
www.mbta.com/riding_the_t/parking
(2)
Methods of Payment
. Subject to change in the Authority's sole discretion, customers may pay for parking by:
(a) paying by phone or other electronic device where available;
(b) paying by cash or credit card at attended parking facilities; or
(c) paying an invoice or account statement within the time frame indicated on the invoice (statements will be mailed to the registered owner of a parked vehicle that has not paid by other methods).
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 3.00 - Authority Employees Compensated by Someone Other than the Commonwealth or the Authority › Section 3.01 - Purpose

Current through Register 1525, July 5, 2024
The Massachusetts Bay Transportation Authority establishes 703 CMR 3.00 to enhance the Authority's workforce by utilizing on a temporary basis Special Authority Employees who are otherwise employed private businesses and who shall be compensated by their sending employers while in service to the Authority. The use of Special Authority Employees provides the Authority with access to a uniquely qualified workforce not otherwise available to the Authority and enhances the Authority's ability to perform its powers, obligations and duties as set forth in M.G.L. c. 161A.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 3.00 - Authority Employees Compensated by Someone Other than the Commonwealth or the Authority › Section 3.02 - Definitions

Current through Register 1525, July 5, 2024
The following terms and their grammatical counterparts are used in 703 CMR 3.00 as described in 703 CMR 3.02:
Authority
. The Massachusetts Bay Transportation Authority created by M.G.L. c. 161A.
Special Authority Employee
. A person performing services for or holding an office, position, employment or membership in the Authority, whether by appointment, contract of hire or engagement, on a full, regular, part-time, intermittent or consultant basis, to whom no compensation is provided by the Authority but to whom compensation may be provided by someone other than the Commonwealth or the Authority.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 3.00 - Authority Employees Compensated by Someone Other than the Commonwealth or the Authority › Section 3.03 - Compensation by Someone Other than the Commonwealth or the Authority; Disclosures and Determinations

Current through Register 1525, July 5, 2024
(1) The Authority may, from time to time as may be necessary to carry out and discharge the official duties of the Authority, utilize Special Authority Employees. A Special Authority Employee shall not be compensated by the Commonwealth or by the Authority, but may receive compensation from someone other than the Commonwealth or the Authority, provided that the source(s) of such compensation is (are) disclosed to the General Manager of the Authority and to the Secretary of Transportation.
(2) No Special Authority Employee under 703 CMR 3.00 shall be utilized until appropriate disclosures and determinations, as may be necessary under M.G.L c. 268A, §§ 6, 7, and 23 have been made.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.01 - Scope and Purpose

Current through Register 1525, July 5, 2024
(1)
Scope
. The provisions of 703 CMR 4.00 pertain to the following enumerated administrative actions that the Massachusetts Bay Transportation Authority (Authority) may take under, or consistent with, the State Administrative Procedure Act (M.G.L. c. 30A).
(a)
Adoption, Amendment, or Repeal of a Regulation after a Hearing
. The Authority undertakes actions within this category in accordance with the provisions of the State Administrative Procedure Act, M.G.L. c. 30A, §§ 1(5) and 2.
(b)
Adoption, Amendment, or Repeal of a Regulation without a Hearing
. The Authority undertakes actions within this category in accordance with the provisions of the State Administrative Procedure Act, M.G.L. c. 30A, §§ 1(5) and 3.
(c)
Issuance of an Advisory Ruling
. The Authority undertakes actions within this category in accordance with the provisions of the State Administrative Procedure Act, M.G.L. c. 30A, § 8.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.02 - Petition by an Interested Person or Entity

Current through Register 1525, July 5, 2024
(1)
Scope
. In accordance with M.G.L. c. 30A, §§ 4, 703 CMR 4.02 governs the procedure by which an interested person or entity may submit a petition to the Authority requesting that it take administrative action under one of the categories specified in 703 CMR 4.01(1).
(2)
Who May Petition
. Any person or entity with an interest in the subject matter (a petitioner) may submit a petition to the Authority.
(3)
Duty of the Petitioner
. In furtherance of the Authority's desire to obtain as accurate and balanced a view as practicable of the issues that petitions submitted under 703 CMR 4.02 present, a petitioner shall make all reasonable efforts to ensure that a petition:
(a) is complete and accurate in all material respects; and
(b) is not misleading because of an undue emphasis on information or views favorable to the petitioner or a de-emphasis of information or views unfavorable to the petitioner.
Code of Massachusetts Regulations › 703 CMR - MASSACHUSETTS BAY TRANSPORTATION AUTHORITY (MBTA) › Title 703 CMR 4.00 - Rules for Adopting, Amending or Repealing Administrative Regulations and For Issuing Advisory Rulings › Section 4.03 - Initial Determinations with Respect to a Petition

Current through Register 1525, July 5, 2024
(1)
Scope
. 703 CMR 4.03 governs the procedures by which the Authority makes initial determinations regarding the nature of a petition and whether it conforms to the requirements of 703 CMR 4.02.
(2)
Who Makes the Initial Determinations
. Subject to 703 CMR 4.03(6), the general counsel makes the initial determinations under 703 CMR 4.03.
(3)
Nature of the Petition
. The general counsel determines the nature of the petition by:
(a) classifying it as one of the types of administrative action noted in 703 CMR 4.01(1);
(b) classifying it as more than one type of administrative action noted in 703 CMR 4.01(1) and recommending that the petitioner amend the petition so that the Authority can appropriately consider it under each of such categories; or
(c) concluding that the Authority should not consider the petition. One basis upon which the general counsel may conclude that the Authority should not consider the petition under 703 CMR 4.00 is that the petition seeks adjudicatory rather than rulemaking action.