reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 149.00 - Procedures For The Determination Of Violations And For Enforcement Of M.g.l. C. 159a And M.g.l. C. 159b › Section 149.04 - Adjudicatory Hearing

Current through Register 1525, July 5, 2024
(1) The
		adjudicatory hearing shall be a
de novo
hearing, shall be an
		adjudicatory proceeding as defined in M.G.L. c. 30A, and shall be conducted
		pursuant to the Department's procedural regulations, 220 CMR 1.00.
(2) At the adjudicatory hearing, the
		respondent shall have the right to be represented by an attorney or other
		person.
(3) If the Department
		finds, after the ad judicatory hearing, that the respondent has violated M.G.
		L. c. 159A, M.G.L. c. 159B, or any regulation promulgated or order issued
		thereunder, it may issue a remedial order pursuant to
		220 CMR
		149.05.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 149.00 - Procedures For The Determination Of Violations And For Enforcement Of M.g.l. C. 159a And M.g.l. C. 159b › Section 149.05 - Remedial Orders

Current through Register 1525, July 5, 2024
(1) If the
		Department finds that a violation has occurred or is continuing to occur, it
		may issue a remedial order. The remedial order shall include a written opinion
		setting the factual and legal basis of the Department's findings and shall
		direct any party to take, or refrain from taking, any action, consistent with
		said party's obligations under M.G.L. c. 159A, M.G.L. c. 159B, or any
		regulation promulgated or order issued thereunder.
(2) A remedial order issued by the Department
		under 209 CMR 149.05 shall be effective upon issuance, in accordance with its
		terms, unless stayed, suspended, modified or rescinded.
(3) A remedial order is a final decision of
		the Commission within the meaning of M.G.L. c. 25, § 5, and thereby
		subject to review by the Supreme Judicial Court.
(4) If the respondent fails either to appeal
		a remedial order to the Supreme Judicial Court or to comply fully with the
		order within 20 days, the Department may refer the case to the Attorney General
		with a request that an action be brought in the Superior Court to seek
		appropriate relief.
(5) The
		Department may waive the requirement for notice and hearing under
		220
		CMR 149.02 through
		149.04
		before issuing a remedial order pursuant to 220 CMR 149.05 when the Commission
		determines that failure to do so would result in serious harm to life or
		property. The Department shall include in any such order an opportunity for a
		hearing pursuant to
		220 CMR
		149.04, as soon as practicable after issuance
		of the order.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 149.00 - Procedures For The Determination Of Violations And For Enforcement Of M.g.l. C. 159a And M.g.l. C. 159b › Section 149.06 - Consent Orders

Current through Register 1525, July 5, 2024
(1) Notwithstanding
		any other provision to the contrary, the Department may at any time resolve an
		outstanding enforcement issue with a consent order. A consent order must be
		signed by the person to whom it is issued, or a duly authorized representative
		of that person, and must indicate agreement with the terms therein. A consent
		order need not contain an admission by any person that a violation has
		occurred, and without such a term, does not constitute such an
		admission.
(2) A consent order is a
		final order of the Department, having the same force and effect as a remedial
		order issued pursuant to
		220 CMR
		149.05.
(3) A consent order shall not be appealable
		and shall include an express waiver of appeal and judicial review rights that
		might otherwise attach to a final order of the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 149.00 - Procedures For The Determination Of Violations And For Enforcement Of M.g.l. C. 159a And M.g.l. C. 159b › Section 149.07 - Waiver

Current through Register 1525, July 5, 2024
On its own motion, or for good cause shown, the Department may
		  waive any provision of
		  220 CMR
		  149.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.05 - Internal Safety Audits

Current through Register 1525, July 5, 2024
(1) The
		Transportation Authority shall develop and document in its SSPP or PTASP a
		process requiring ongoing internal safety audits over a three-year cycle to
		evaluate compliance with, and measure the effectiveness of, the SSPP or
		PTASP.
(2) In its internal safety
		audit, the Transportation Authority shall:
(a)
		Describe the process used to determine if all identified elements of its SSPP
		or PTASP are performing as intended.
(b) Ensure that all elements of the SSPP or
		PTASP are reviewed in an on-going manner and completed over a three-year
		cycle.
(c) Use qualified personnel
		who are not the supervising managers of the activity under review.
(d) Record its audit on a written checklist
		provided by the Department and entitled "DPU Checklist For Review of Annual
		Internal Audits."
(e) Submit to the
		Department any checklists or procedures to be used during the safety portion of
		the audit.
(f) Notify the
		Department in writing of the time and location of an internal audit at least 30
		days in advance.
(g) Prepare
		written report documenting recommendations and any corrective actions
		identified as result of internal audit.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.06 - Hazard Management Process

Current through Register 1525, July 5, 2024
(1) The
		Transportation Authority shall incorporate the following process, as approved
		by the Department, in its SSPP or PTASP to identify and resolve hazards during
		operation, including hazards resulting from subsequent system extensions or
		modifications or operational or environmental changes or hazards discovered
		during reviews, inspections or investigations.
(2)
Hazard Tracking
		Log
. The Transportation Authority shall consolidate all hazard
		information developed pursuant to its various methodologies for identifying and
		assessing hazards into a single, coordinated process. This process may include
		worksheets, forms, computer databases and other tools to support
		standardization and organization of hazard information. Based on this process,
		the Transportation Authority shall establish a Hazard Tracking Log that
		reflects the consolidation of information in the hazard management process by
		listing all identified hazards. The Hazard Tracking Log may be organized by
		assigned number, type of hazard, source from which it was identified, or
		element of the Transportation Authority's operation affected by the hazard
		(
i.e
., facilities, vehicles, track and signal, communications,
		tunnel ventilation, personnel training procedures, Form B, internal audits,
		rules compliance testing, and safety hotline,
etc
.),
		requirements for ongoing reporting to the Department regarding hazard
		management activities, and the status of the hazard. The Transportation
		Authority shall submit the Hazard Tracking Log as part of its SSPP or PTASP for
		review and approval. Upon approval, the Hazard Tracking Log shall be
		continuously available to the Department staff for review.
(3)
Hazard
		Categorization
. The Transportation Authority shall include a
		formal process to assess and document the risk of each identified hazard.
		Safety risks must be evaluated in terms of probability and severity, and shall
		take into account mitigations already in place to reduce the probability or
		severity of the potential consequence(s) analyzed. The formal process shall
		include a Risk Assessment Matrix that assigns a Risk Assessment Code based on
		the combination of one severity category and one probability level.
(4)
Hazard
		Notification
.
(a) The
		Transportation Authority shall notify the Department, at a minimum, of any
		condition meeting the two highest risk levels identified within the Risk
		Assessment Matrix.
(b) The
		Transportation Authority shall notify the Department within the time limit and
		in the format determined by the Department.
(c) After initial notification, the
		Department may require the Transportation Authority to conduct further
		activities in order to provide more detailed information, including conducting
		an investigation pursuant to
		220 CMR
		151.09(3) through
		(9).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.07 - Corrective Action Plans

Current through Register 1525, July 5, 2024
(1) The
		Transportation Authority must develop a written corrective action plan (CAP)
		reported on a Department-approved form to address hazardous conditions meeting
		certain Risk Assessment Codes specified by the Department, and identified
		through:
(a) Investigations, in which
		identified causal and contributing factors are determined by the Transportation
		Authority or the Department as requiring corrective actions;
(b) Safety reviews and audits performed by
		the Department;
(c) Internal safety
		audits performed by the Transportation Authority;
(d) The Hazard Management Process;
		or
(e) Unannounced On-site
		Oversight Activities performed by the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.08 - Department Notification

Current through Register 1525, July 5, 2024
(1) When notice to
		the Department is required pursuant to
		220 CMR 151.00, the
		Transportation Authority shall notify the Department by first contacting the
		Department representative assigned to the Transportation Authority as
		prescribed by the Department. Alternatively, the Transportation Authority shall
		notify the Program Manager. The Transportation Authority shall maintain current
		contact information for these primary and alternative
		points-of-contact.
(2) Written
		notice to the Department of a hazard, accident or similar event, to the extent
		possible under the circumstances, shall include, but not be limited to:
(a) Name and title of person
		reporting;
(b) Event
		type;
(c) Location, time, and date
		of event;
(d) Fatalities;
(e) Injuries;
(f) Rail transit vehicle(s) involved (type,
		number);
(g) Other vehicle(s)
		involved (type, number);
(h)
		Property damage estimate;
(i) NTSB
		reportable;
(j) FTA
		reportable;
(k) Rail transit agency
		primary person (
i.e
., Chief Investigator) conducting the
		investigation (name, title, phone and fax numbers, email address);
(l) Description of the event;
(m) Immediately implemented and/or planned
		corrective actions;
(n) Name and
		telephone number of person from whom additional information may be
		obtained;
(o) Method and time of
		notice to the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.09 - Accident Notification and Investigation

Current through Register 1525, July 5, 2024
(1) The Transportation Authority shall notify
		the Department and the FTA within two hours of, and in writing by the close of
		business on the next business day following, any incident involving a rail
		transit vehicle or taking place on rail transit-controlled property where one
		or more of the following occur ("Accident Notification"):
(a) Fatality at the scene or occurring within
		30 days following the accident;
(b)
		One or more persons suffering Serious Injury;
(c) Property damage resulting from a
		collision involving a rail transit vehicle or the derailment of a rail transit
		vehicle;
(d) Evacuation due to life
		safety reasons;
(e)
		Derailment;
(f) Collision with a
		person resulting in Serious Injury or fatality;
(g) Collision between a rail transit vehicle
		and second rail transit vehicle or a rail transit non-revenue
		vehicle;
(h) Collision at grade
		crossing resulting in Serious Injury or fatality;
(i) Collision with an object resulting in
		Serious Injury or fatality; or
(j)
		Fires resulting in Serious Injury or fatality.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.10 - Management and Oversight Process

Current through Register 1525, July 5, 2024
(1)
Review and Approval
. The Department shall review and
		approve initial and revised PTASPs and annual reports on the internal safety
		audit process.
(a) The Department will review
		only final documents bearing the required signatures of the Transportation
		Authority's management. After approval, the Department will issue a formal
		letter of approval to the Transportation Authority, which will include the
		checklist used to conduct the review.
(b) Upon receipt of the final document from
		the Transportation Authority, the Department has 15 days in which to review and
		approve it in writing. If the Department rejects the document, the
		Transportation Authority has 20 days from notice of rejection to submit a
		revised document to the Department for approval. The Department may grant an
		extension beyond the 20 days for good cause shown.
(c) If the Department is unable to approve a
		final document, or to resolve a dispute with the Transportation Authority
		resulting from the development of the document, the Department must either:
1. Report the areas of disagreement in
		writing to, and negotiate with, the Transportation Authority until the dispute
		is resolved;
2. Develop its own
		document according to the requirements of the relevant section, and submit it
		to the Transportation Authority for implementation; or
3. Issue any Order that it deems
		necessary.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.11 - Track Inspection

Current through Register 1525, July 5, 2024
(1)
Inspections
.
(a) All
		inspections must be made according to the schedule set out in 220 CMR
		151.11(2), by a person designated under 220 CMR 151.11(4).
(b) Each inspection must be made on foot or
		by riding over the track in a vehicle at a speed that allows the person making
		the inspection to visually inspect the track structure for compliance with
		220 CMR 151.00. However,
		mechanical, electrical and other track inspection devices may be used to
		supplement visual inspection. If a vehicle is used for visual inspection, the
		speed of the vehicle may not be more than five miles per hour when passing over
		track crossings, highway crossings or turnouts.
(c) If the person making the inspection finds
		a deviation from the inspection requirements, the inspector shall immediately
		initiate remedial action.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.12 - Track Maintenance

Current through Register 1525, July 5, 2024
(1) Unless
		otherwise structurally supported, all track must be supported by ballast
		material which will:
(a) Transmit and
		distribute the load of the track and railroad rolling equipment to the
		subgrade;
(b) Restrain the track
		laterally, longitudinally, and vertically under dynamic loads imposed by
		railroad rolling equipment and thermal stress exerted by the rails;
(c) Provide adequate drainage for the
		track;
(d) Maintain proper track
		crosslevel, surface, and alignment.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 151.00 - Rail Fixed Guideway System: System Safety Program Standard › Section 151.13 - Use or Possession of Electronic Device While on Duty

Current through Register 1525, July 5, 2024
An Operator is prohibited from using or having in his or her
		  possession an Electronic Device while the Operator is on duty and on his or her
		  train, which includes streetcars. The Electronic Device cannot be anywhere on
		  the Operator's person or property, such as pocketbook or other belongings. The
		  Electronic Device cannot be on the vehicle he or she is operating or in any
		  part of a train consist. The Operator cannot give the Electronic Device to
		  another person on the train or streetcar to hold, whether or not that person is
		  a Transportation Authority employee. The Operator is prohibited from any use of
		  any Electronic Device while on duty including, but not limited to, telephoning,
		  checking the time, texting, playing games, reading, e-mailing, or listening to
		  music.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 152.00 - Sureties Required Of Operators Of Motor Vehicles For The Carriage Of Passengers For Hire › Section 152.01 - Insurance Policies

Current through Register 1525, July 5, 2024
No motor carrier shall operate a motor vehicle transporting
		  passengers for hire until the motor carrier has obtained and has in effect an
		  insurance policy or policies issued by a company or companies authorized to
		  issue such policies in this Commonwealth, in an amount not less than that set
		  forth in
		  220 CMR
		  152.02; and shall keep on file with the
		  Department of Public Utilities a certificate of such
		  insurance.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 152.00 - Sureties Required Of Operators Of Motor Vehicles For The Carriage Of Passengers For Hire › Section 152.02 - Financial Responsibility, Minimum Levels

Current through Register 1525, July 5, 2024
The minimum levels of financial responsiblity for carriers of
		  passengers for hire operating intrastate:
Schedule of Limits - Effective October 1, 1997
Vehicle Seating Capacity
Minimum levels
(1) Any vehicle with a seating capacity of 16
				  passengers or more...
$ 5,000,000.00
(2) Any vehicle with a seating capacity of 15
				  passengers or less...
$ 1,500,000.00
Exceptions to Schedule of Limits
Any vehicle with a seating capacity of 32 passengers
				  or less operating under a sightseeing certificate and/or charter
				  certificate.
$ 1,500,000.00
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 155.00 - Operation Of Motor Vehicles For The Carriage Of Passengers For Hire Under A Certificate Of Public Convenience And Necessity, Charter License, Special Service Or School Service Permit › Section 155.01 - Definitions

Current through Register 1525, July 5, 2024
The terms as used in
		  220 CMR 155.00 shall have
		  the following meanings, unless another meaning is clearly apparent from the
		  language or context:
Bus or Motor Bus
shall mean any motor
		  vehicle operated upon a public way in any city or town for the carriage of
		  passengers for hire, in such a manner as to afford a means of transportation,
		  similar to that afforded by a railway company, by indiscriminately receiving
		  and discharging passengers along the route on which the vehicle is operated
		  or-may be running, or for transporting passengers for hire as a business
		  between fixed and regular termini, or for transporting passengers for hire
		  under a charter license, special service or school service permit issued by the
		  Department.
Bus Line
shall mean any route, or
		  system of routes over which a motorbus or motor buses are regularly operated
		  and which are under the ownership or control of an individual, company or
		  corporation which is licensed to operate over the same.
Certificate of Registration
shall mean
		  the certificate issued by the Registrar, registering the motor vehicle.
Commercial Driver's License (CDL)
shall mean a license issued by a State in accordance with the standards
		  contained in 49 CFR Part 383, to an individual which authorizes the individual
		  to operate a class of a commercial motor vehicle.
Commercial Passenger Motor Vehicle
shall mean any self-propelled vehicle used on public ways for the carriage of
		  passengers for hire.
Department
shall mean the Department
		  of Public Utilities.
Driver
shall mean the person who acts
		  as the driver of a motor bus under a certificate issued by the
		  Department.
Driver's Certificate
shall mean the
		  certificate issued by the Department to drive motor buses.
Motor Bus Permit
shall mean the permit
		  issued by the Department to operate a motor bus.
Operator's License
shall mean the
		  license issued by the Registrar to operate motor vehicles.
Owner
shall mean the individual,
		  partnership, company or corporation which is authorized to operate under
		  authority of the Department.
Out-of-service Criteria
shall mean the
		  most current "Out of Service Criteria" as prescribed in the North American
		  Uniform Out-of-service Criteria published by the Commercial Vehicle Safety
		  Alliance (CVSA).
Registrar
shall mean the Registrar of
		  Motor Vehicles of the Commonwealth.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 155.00 - Operation Of Motor Vehicles For The Carriage Of Passengers For Hire Under A Certificate Of Public Convenience And Necessity, Charter License, Special Service Or School Service Permit › Section 155.02 - General Regulations

Current through Register 1525, July 5, 2024
(1)
Preliminary Requirements.
Every owner of a motor bus
		or motor buses to be operated on the public ways of the Commonwealth, doing an
		intrastate business either in whole or in part, shall conform to the law by
		obtaining licenses from the licensing authorities of each city and town in
		which the said bus or buses are to be operated. A certificate of public
		convenience and necessity from the Department must also be obtained. In
		applying for this certificate the applicant must file application in duplicate
		and specify the following:
(a) Name and
		business address of the owner.
(b)
		Termini of each route.
(c) Names of
		all cities and towns included in each route.
(d) Description of each route in detail by
		highways, and a map, plan or sketch showing the proposed route.
(e) Upon request of the Department a list of
		all bridges of ten feet or more clear span over which bus or buses are to
		operate.
(f) Motor buses to be
		operated with a description of each as follows:
1. Numbers of buses.
2. Make and type of buses.
3. Weight of heaviest bus to be
		operated.
4. Motor or vehicle
		identification numbers.
(g) Cities and towns in which owner has
		license, stating date of each license. (Attach certified copy of each
		license.)
(h) Date when operation
		is to begin.
Before a motor bus is put in operation, a motor bus permit
		  shall be obtained from the Department. An application for a permit shall be
		  filed by the owner on a form furnished by the Department. An inspection of the
		  bus will be made upon receipt of the application. If required by any provision
		  of M.G.L. c. 90, the bus shall be registered with the Registry of Motor
		  Vehicles.
A motor bus permit is not transferable. It shall expire on
		  September 30th of each year and be renewed unless earlier revoked or suspended
		  by the Department. It shall be conspicuously posted on the bus for which it is
		  issued. The decal shall be placed on the outside, right front of the vehicle
		  passenger side and left of the front passenger door.
The Department shall charge a fee of $ 60.00 for the issuance
		  of an original permit, and a fee of $ 40.00 for the annual renewal of such
		  permit.
No bus, whether owned, rented, leased or loaned, shall be
		  operated under any certificate or special or charter license or school service
		  permits as provided for under M.G.L. c. 159A, and amendment thereto, unless a
		  permit is issued by the Department for the operation of said bus under such
		  certificate or special or charter license.
Any violation of the use of any permit will be deemed cause for
		  suspension or revocation of said permit and/or the certificate or License under
		  which the bus may be operated.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 155.00 - Operation Of Motor Vehicles For The Carriage Of Passengers For Hire Under A Certificate Of Public Convenience And Necessity, Charter License, Special Service Or School Service Permit › Section 155.05 - Out-of-service Criteria for Commercial Passenger Motor Vehicles

Current through Register 1525, July 5, 2024
If, in the course of inspecting a commercial passenger motor
		  vehicle, a Department inspector finds a vehicle to be unsafe according to the
		  current North American Uniform Vehicle Out-of-service Criteria, the following
		  steps will be taken:
(1)
Decal
. An Out-of-service decal shall be placed on the
		driver's side of the windshield of the vehicle. The passenger carrier or driver
		of the vehicle shall not operate the vehicle in passenger service until all
		necessary repairs have been made.
(2)
Repairs
. The
		vehicle with the Out-of-service decal may be operated to the nearest repair
		facility if the Department inspector states in the inspection report that it is
		safe to do so. Except for the movement to the repair facility, any operation of
		the vehicle with an Out-of-service decal, subjects the carrier to suspension or
		revocation of the carrier's operating authority, pursuant to the provisions of
		M.G.L. c. 159A, § 15.
(3)
Reporting
. Within 15 days of the inspection, the
		passenger carrier must mail to the Department's Transportation Division a copy
		of the inspector's report, and a copy of the vehicle repair order showing that
		all safety related-equipment defect(s) have been corrected.
(4)
Reinspection
.
		After receiving the carrier's proof of repair, the inspector shall arrange a
		time to reinspect the Out-of-service vehicle to verify that the defect(s) noted
		in the inspector's report have been repaired.
(5)
Defects Other Than
		Out-of-service Defects
. If a safety-related defect or defects
		noted during an inspection are not identified and listed in the North American
		Uniform Vehicle Out-of-service Criteria, and therefore do, not subject the
		vehicle to an Out-of-service decal, that vehicle may be allowed to continue in
		operation for a period of 15 days after the inspection. Within the 15 days, the
		carrier must mail to the Department's Transportation Division a copy of the
		inspector's report and a copy of the vehicle repair order showing that the
		defect(s) have been corrected. Vehicles may be subject to reinspection. Failure
		to comply with Department regulations subjects a carrier to suspension or
		revocation of the carrier's operating authority, pursuant to the provisions of
		M.G.L. c. 159A, § 15.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 156.00 - Transportation Of Hazardous Materials By Rail › Section 156.02 - Hazardous Materials Tables and Hazardous Materials Communications Regulations

Current through Register 1525, July 5, 2024
(
		  49 C.F.R. 172.1
		  through
		  172.558
		  ).
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 250.00 - Transportation Oversight Division Practice › Section 250.01 - General

Current through Register 1525, July 5, 2024
(1)
Functions of the
		Transportation Oversight Division
. The Transportation Oversight
		Division of the Department of Public Utilities (Department) shall perform all
		the designated functions in relation to the administration and enforcement of
		the provisions of M.G.L. c. 159A and 159B, other than the making of rules and
		regulations, the establishment and fixing of rates and adjudication of rate
		investigations in which the propriety of the rate is the prime issue.
(2)
Presiding
		Officer
. Hearings shall be conducted by a presiding officer who
		shall be the Director, Assistant Director, hearings officers of the
		Transportation Oversight Division, or any other employee of the Transportation
		Oversight Division, designated by the Chairman of the Commission of the
		Department of Public Utilities or the Director of the Transportation Oversight
		Division. The presiding officer is hereby designated and assigned to hear,
		examine, investigate, and decide on new applications for, or transfer of,
		carrier certificates or certificates of compliance with state regulations, as
		well as preside at hearings in which suspension or revocation of a certificate
		is involved. The presiding officer shall administer oaths and affirmations,
		issue subpoenas, and make all decisions regarding the admission or exclusion of
		evidence or any other procedural matter that may arise in the course of the
		hearing. Any ruling of the presiding officer may be appealed to the Director
		or, in his absence, the Assistant Director.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 250.00 - Transportation Oversight Division Practice › Section 250.02 - Filing

Current through Register 1525, July 5, 2024
(1)
Filing
. All
		pleadings, documents, or papers relating to matters requiring action by the
		Transportation Oversight Division shall be filed with the Transportation
		Oversight Division, One South Station, 5th Floor,
		Boston, Massachusetts 02110, unless electronically filed pursuant to 220 CMR
		250.02(2).
(2)
Electronic Filing
. Papers may be filed and signed by
		electronic means pursuant to the Department's Electronic Filing Guidelines. A
		paper filed electronically in compliance with the Electronic Filing Guidelines
		is a written paper or document for purposes of 220 CMR 250.00.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 250.00 - Transportation Oversight Division Practice › Section 250.03 - Calendar

Current through Register 1525, July 5, 2024
The Transportation Oversight Division shall maintain a hearing
		  list, and, so far as practicable, matters shall be heard in the order in which
		  they have been initiated.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 250.00 - Transportation Oversight Division Practice › Section 250.04 - Place of Transportation Oversight Division Hearings

Current through Register 1525, July 5, 2024
Hearings of the Transportation Oversight Division shall be held
		  at the offices of the Department, except as provided in M.G.L. c. 159B, §
		  3.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 250.00 - Transportation Oversight Division Practice › Section 250.05 - Mailing List

Current through Register 1525, July 5, 2024
The Transportation Oversight Division shall maintain a mailing
		  list of all persons who request notice of hearings, which may be revised from
		  time to time by the Transportation Oversight Division, and the Transportation
		  Oversight Division shall provide notice of each hearing either by mail through
		  the United States Postal Service, or electronically as consistent with the
		  Department's Electronic Filing Guidelines to each person on the mailing
		  list.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 250.00 - Transportation Oversight Division Practice › Section 250.06 - Appeals from Decisions of the Transportation Oversight Division

Current through Register 1525, July 5, 2024
Any party in interest aggrieved by any order of the Director of
		  the Transportation Oversight Division shall have a right of appeal to the
		  Commission. Such appeal shall be claimed by filing with the Secretary of the
		  Commission, and with the Director of the Transportation Oversight Division, a
		  written claim of appeal within 20 days from the date of the order appealed
		  from, which claim of appeal shall specifically set forth the grounds upon which
		  the appellant claims to be aggrieved by the order of the Director. A copy of
		  the claim shall be served by the appellant on each person who appeared at the
		  hearing before the Transportation Oversight Division. Such appeal shall be
		  heard on the evidence introduced at the hearing before the Transportation
		  Oversight Division. No new evidence will be received at the hearing on appeal.
		  An appeal shall not operate as a stay of the order of the Director, except in
		  cases involving suspension or revocation of operating rights.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 260.00 - Motor Carriers And Brokers › Section 260.02 - Rules Governing the Filing of Freight Rate Tariffs

Current through Register 1525, July 5, 2024
Every certificated common carrier required to file a tariff is
		  responsible for the proper filing of its tariff.
The term "tariff" means a publication stating the rates and
		  charges between designated points or fixed distances of a common carrier and
		  all rules in connection therewith.
(1)
Form and Filing of Common Carrier Tariffs
.
(a) Issuing carriers or their agents shall
		file one copy of each tariff or supplement with the Department.
(b) On all tariffs filed with the Department,
		the personal signature of the owner, partner or corporate officer of the motor
		carrier shall appear on the title page.
(c) All tariffs or supplements thereto may be
		filed electronically or by paper.
(d) Tariffs and supplements shall be
		effective 30 days from the date received by the Department.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 272.00 - Rates For The Towing Of Motor Vehicles › Section 272.01 - Definitions

Current through Register 1525, July 5, 2024
Commercial Motor Vehicle
. A motor
		  vehicle or combination of motor vehicles used to transport passengers or
		  property. This shall include:
(a) a
		bus or van used in commerce, having the manufacturer's rated seating capacity
		of at least nine passengers and a driver;
(b) a truck used to transport property;
		or
(c) any other vehicle which may
		display a plate other than a passenger or motorcycle plate.
Fuel-burning Operations
. The services
		  included in the basic tow rate, rate for tows in excess of five miles or the
		  charges otherwise established in sections
		  220
		  CMR 272.03(1) through
		  (4).
Passenger Automobile
. A motor vehicle
		  capable of transporting not more than eight passengers and a driver displaying
		  a passenger or motorcycle plate.
Recovery
. Wrecker working, winching,
		  Waiting Time, clean up time and the provisions of special equipment needed to
		  place a disabled motor vehicle in position to be towed.
Service Vehicle
. The vehicle used to
		  tow or transport the disabled vehicle.
Service or Waiting Time
. Elapsed time
		  the Service Vehicle is waiting to provide service at the scene, winching or
		  utilizing Service Vehicle equipped industry standard tools or
		  equipment.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 272.00 - Rates For The Towing Of Motor Vehicles › Section 272.02 - Scope

Current through Register 1525, July 5, 2024
The maximum charges established in
		  220 CMR
		  272.00 shall only apply to the towing and
		  transportation of motor vehicles when said transportation is ordered by the
		  police or other public authority pursuant to M.G.L. c. 159B, § 6B or for
		  trespass pursuant to M.G.L. c. 266, § 120D. Rates stated in
		  220 CMR
		  272.00 shall not apply to towing which results from a
		  call made by a police officer or other public employee at the request of the
		  owner/operator to transport the vehicle to a location other than the carrier's
		  garage.
If, at the scene, the owner/operator requests that the vehicle
		  be transported to a location other than the carrier's garage, the maximum tow
		  rate may not apply.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 272.00 - Rates For The Towing Of Motor Vehicles › Section 272.04 - Maximum Charges for Commercial Motor Vehicles

Current through Register 1525, July 5, 2024
(1)
		For all Commercial Motor Vehicles, the maximum charge for towing up to five
		miles shall not exceed $132.00 per tow regardless of day of week or time of
		day.
(2) For services necessary to
		the Recovery of a disabled Commercial Motor Vehicle, the carrier shall
		establish the charges.
(3) For
		miles towed in excess of five miles, a surcharge of $6.60 per mile for each
		mile over the five miles may be assessed.
(4) When determining fractions of mileage
		under 220 CMR 272.04(1) and (3), omit fractions of less than 5/10 and increase
		fractions of 5/10 or more to the next whole figure.
(5) Mileage shall be based on round trip
		mileage from the carrier's garage to return thereto. If the Service Vehicle is
		dispatched from a location other than the carrier's garage, the one-way mileage
		may be doubled. The carrier shall establish the mileage from the Service
		Vehicle odometer and shall include the odometer readings on the tow
		slip.
(6) The owner/operator shall
		be responsible for all toll charges.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 272.00 - Rates For The Towing Of Motor Vehicles › Section 272.05 - Fuel Price Surcharge

Current through Register 1525, July 5, 2024
(1) When the
		average cost of diesel fuel in New England exceeds $3.196 per gallon, the
		Department shall authorize a fuel surcharge under
		220 CMR
		272.00. The Department shall calculate the fuel
		surcharge as a factor that may be multiplied by the sum of those applicable
		rates and charges relating to Fuel-burning Operations of the Service
		Vehicles.
(2) The Department shall
		obtain the retail on-highway price per gallon of diesel fuel for New England as
		reported by the Energy Information Administration of the U.S. Department of
		Energy on its website,
www.eia.doe.gov
,
		for the first three Mondays of each month (Retail Prices).
(3) The Department shall calculate the
		average cost of diesel fuel by taking the average of the Retail Prices as
		determined in 220 CMR 272.05 (Average Cost).
(4) To determine the appropriate fuel
		surcharge factor, the Department shall divide the Average Cost by $3.196 to
		produce a multiplication factor (Fuel Multiplication Factor or FMF). The Fuel
		Multiplication Factor is then multiplied by $8.92, the embedded cost of fuel in
		the basic tow rate, to arrive at the current fuel cost per basic tow (Current
		Fuel Cost). The Current Fuel Cost is then divided by the fuel-adjusted basic
		tow revenue requirement, which is the sum of the $132.00 basic tow rate, plus
		the product of the Fuel Multiplication Factor multiplied by $8.92, minus the
		embedded fuel cost of $8.92 (Fuel-adjusted Revenue Requirement). Dividing the
		Current Fuel Cost by the Fuel-adjusted Revenue Requirement and subtracting the
		current embedded 6.8 % yields a fuel surcharge factor (Fuel Surcharge Factor)
		that may be applied in the next month to the sum of the applicable rates and
		charges relating to Fuel-burning Operations of the Service Vehicles. This
		formula is mathematically represented as: (($8.92 x FMF) ÷ ($132.00 +
		(($8.92 x FMF) - $8.92))) - .068 = Fuel Surcharge Factor.
(5) On the fourth Monday of each month (or
		the next business day if this falls on a holiday) preceding a month in which
		the Department will authorize a surcharge, the Transportation Oversight
		Division will issue an Administrative Order setting forth the amount of the
		Fuel Surcharge Factor effective for the following calendar month by:
(a) posting on the Department's website the
		Fuel Surcharge Factor and the month and year for which it applies, where it
		will remain at least until the expiration of the month to which it relates;
		and
(b) recording a message
		accessible by telephone stating the Fuel Surcharge Factor and the month and
		year for which it applies, where it will remain at least until the expiration
		of the month to which it relates.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.01 - Purpose and Scope

Current through Register 1525, July 5, 2024
(1)
Purpose
. In furtherance of the public interest,
		safety, and convenience,
		220 CMR 274.00 establishes
		rules and regulations governing the oversight of Transportation Network
		Companies, provision of Transportation Network Services within the
		Commonwealth, and suitability requirements of Transportation Network
		Drivers.
(2)
Scope
.
		220 CMR 274.00 applies to
		every Transportation Network Company, Transportation Network Driver, and
		Transportation Network Vehicle within the Commonwealth.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.03 - Transportation Network Company Permit Process

Current through Register 1525, July 5, 2024
(1)
TNC Permit General
		Requirements
.
(a) A TNC shall
		maintain a valid Permit in order to provide Services within the
		Commonwealth.
(b) A TNC shall, in a
		manner that the Division prescribes, apply to the Division for a Permit and
		apply annually to renew its Permit. The Division shall not grant or renew a
		Permit unless it is consistent with the public interest for the TNC to render
		Services within the Commonwealth.
(c) To obtain a Permit, a TNC shall submit
		the following to the Division:
1. Written
		verification of an established oversight process pursuant to 220 CMR
		274.03(2);
2. The proposed
		removable decal or trade dress that the TNC will issue to its Drivers pursuant
		to
		220 CMR
		274.08(1);
3. The proposed document or means by which
		the TNC will use to obtain a Driver's consent for a background check pursuant
		to
		220 CMR
		274.06(1)(b);
4. Documentation of the multi-state criminal
		and motor vehicle driving history database search by which the TNC shall
		conduct a nationwide background check pursuant to
		220 CMR
		274.06(2)(a);
5. Proof of adequate insurance as certified
		by the Division of Insurance in accordance with M.G.L. c. 159A1/2 and M.G.L. c.
		175, § 228;
6. The proposed
		Driver Certificate that the TNC shall issue to its Drivers and make available
		within its Digital Network; and
7.
		A Permit fee as determined by the Secretary of Administration and Finance
		pursuant to M.G.L. c. 159A1/2, § 3(e).
(d) The Division may request additional
		information from a TNC to determine whether to issue or renew a
		Permit.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.04 - Transportation Network Driver Requirements

Current through Register 1525, July 5, 2024
(1)
		To provide Services, a Driver must:
(a) Have
		a valid Clearance Certificate;
(b)
		Have a valid Driver Certificate;
(c) Have access to a Vehicle registered in
		the Commonwealth and inspected pursuant to M.G.L. c. 90, § 7A, or access
		to a Vehicle registered in another state that complies with the inspection
		requirements of that state; and
(d)
		Comply with 540 CMR:
Registry of Motor Vehicles
promulgated
		pursuant to M.G.L. c. 90, § 7A.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.05 - Transportation Network Driver Certificate

Current through Register 1525, July 5, 2024
(1)
		A Driver shall not provide Services without a valid Driver
		Certificate.
(2) A TNC shall not
		issue a Driver Certificate to a Driver unless the TNC verifies that the Driver
		has:
(a) A valid TNC background check
		pursuant
		220 CMR
		274.06(2);
(b) A valid Clearance Certificate pursuant to
		220 CMR
		274.06(3)(c);
(c) Adequate automobile insurance pursuant
		M.G.L. c. 175, § 228; and
(d)
		Complied with the Vehicle requirements set forth in
		220 CMR
		274.08.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.06 - Transportation Network Driver Background Check

Current through Register 1525, July 5, 2024
(1)
Driver Background Check
		Process
.
(a) To provide
		Services, each Driver must successfully complete a two-part background check in
		accordance with
		220 CMR
		274.21. First, a TNC shall complete a
		background check pursuant to 220 CMR 274.06(2) and second, the Division shall
		complete a background check pursuant to 220 CMR 274.06(3).
(b) Prior to the Division's background check,
		a TNC shall obtain a Driver's consent, consistent with
		803 CMR 2.00:
Criminal
		Offender Record Information (CORI),
for the Division to conduct a
		background check.
(c) After
		obtaining consent to conduct a Driver background check, a TNC shall submit its
		Driver roster to the Division, which shall include the following Driver
		information:
1. Legal first name;
2. Legal middle name (if known);
3. Legal last name;
4. Former name(s) (if known);
5. Current address (if known);
6. Place of birth (city and state) (if
		known);
7. Driver's license
		number;
8. Driver's license
		state;
9. Date of birth;
10. Last six digits of social security
		number;
11. Electronic mail
		address; and
12. A Driver's
		consent, consistent with
		803 CMR 2.00:
Criminal
		Offender Record Information (CORI),
to conduct a background
		check.
(d) If the
		two-part background check does not reveal a condition provided for pursuant to
		220 CMR
		274.21, the Division shall issue a Clearance
		Certificate to the Driver and to each relevant TNC.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.07 - Hours of Service

Current through Register 1525, July 5, 2024
(1) A Driver shall
		not offer or provide Services for more than 12 consecutive hours in a 24-hour
		period.
(2) A TNC shall adopt a
		policy to ensure that, after 12 hours of providing Services in a 24-hour
		period, the Driver shall log out of the Digital Network for not less than eight
		consecutive hours. For purposes of this provision, the Division does not
		presume that a Driver logs onto a Digital Network if the login period does not
		exceed five minutes.
(3) A TNC
		shall bar access to its Digital Network for a period of not less than 24
		consecutive hours to any Driver who violates any requirement set forth in 220
		CMR 274.07.
(4) A TNC shall create
		a written enforcement policy to comply with 220 CMR 274.07 and shall file its
		enforcement policy, and subsequent changes or updates to its enforcement
		policy, with the Division during a TNC's Permit application and application for
		renewal.
Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.08 - Transportation Network Vehicle Requirements

Current through Register 1525, July 5, 2024
(1)
		A TNC shall issue a Division-approved removable decal or trade dress to a
		Driver before the Driver provides Services. The Driver shall apply the
		removable decal or trade dress to the front and back panels of the Vehicle at
		all times while the Vehicle is used to provide Services. The removable decal or
		trade dress must be reflective, illuminative or otherwise visible at night or
		in low-light environments.
(2) A
		Driver who ceases to be authorized to provide Services for any reason shall
		return the decal or trade dress to the respective TNC within 14 business
		days.
(3) Every Vehicle shall
		receive an annual inspection pursuant to M.G.L. c. 90, § 7A. Vehicles
		registered in another state shall comply with the inspection requirements of
		that state.
(4) Every Vehicle shall
		comply with the insurance requirements set forth in M.G.L. c. 175, §
		228.