Code of Massachusetts Regulations › 720 CMR - DEPARTMENT OF HIGHWAYS › Title 720 CMR 9.00 - Rescinds › Section 9.07 - Exemptions

Current through Register 1525, July 5, 2024
(1)
Exemptions
. The provisions of
			 720 CMR
			 9.00 shall not apply to persons acting in conformity
			 with the direction of an officer, to persons or drivers actually engaged in
			 work upon a highway closed to travel or under construction or repair when the
			 nature of their work necessitates a departure from any part of
			 720 CMR
			 9.00, to officers when engaged in the performance of
			 public duties which necessitates a departure from any part of
			 720 CMR
			 9.00, nor to drivers of emergency vehicles while
			 operating in an emergency and in performance of public duties which necessitate
			 a departure from any part of
			 720 CMR
			 9.00, or to drivers of emergency vehicles while
			 operating in an emergency and in performance of public duties which necessitate
			 a departure from any part of
			 720 CMR
			 9.00. These exemptions shall not, however, protect the
			 driver of any vehicle from the consequence of a reckless disregard of the
			 safety of others.
The provisions of
				720 CMR
				9.08(4)(a)  shall not apply
				to persons operating federal, state or municipally owned vehicles carrying such
				dangerous articles as may be required during an existing or impending emergency
				nor shall they apply to any vehicle carrying a flammable liquid of a type which
				is required for the propulsion of the vehicle and is in a portable container in
				a quantity not exceeding 15 gallons or in a tank which is an integral part of
				the vehicle, nor shall it apply to devices in a quantity not exceeding 12
				devices to be used for the sole purpose of warning other motorists of an
				emergency condition.
The provisions of
				720 CMR
				9.08(4)(a)  shall not apply
				to persons operating a vehicle transporting radioactive material when such
				radioactive material is such that it is exempt from all I.C.C. specification
				packaging, marking, and labeling because of type and quantity nor shall they
				apply to persons operating a vehicle transporting radioactive material which
				consists solely of manufactured articles, other than liquids, when the gross
				weight of such radioactive material and its container does not exceed 500
				pounds per vehicle.
The provisions of
				720 CMR
				9.08(4)(a) through (c) shall
				not apply to any vehicle carrying a compressed natural gas of a type which is
				required for the propulsion of the vehicle, provided the tunnel exhaust fans
				are in operation, and so long as said vehicle has a maximum fuel capacity
				consistent with safe practice and national standards including Federal Motor
				Vehicle Safety Standards #303 and #304, and is equipped with excess flow valves
				for fuel lines with an inner diameter larger than ½", and is identified
				by a blue-and-white diamond-shaped decal attached as specified in NFPA 52, and
				is not used to transport compressed natural gas in commerce.
(2)
Owner
Prima
			 Facie
Responsible for Violations
. If any vehicle is found
			 upon any street or highway in violation of any provision of
			 720 CMR
			 9.00 and orders and the identity of the driver cannot
			 be determined, the owner or the person in whose name such a vehicle is
			 registered shall be held
prima facie
responsible for such
			 violations.
(3)
Obedience to Police
. No person shall wilfully fail or
			 refuse to comply with any lawful order or direction of a police officer in
			 regard to the direction, control or regulation of traffic. Any person acting in
			 conformity with any such order or direction shall be relieved from the
			 observance of any provision of
			 720 CMR
			 9.00 with which the order or direction may
			 conflict.
(4)
Obedience
			 to Signs, etc
. No person shall disobey the instructions of any
			 official sign, signal, marking or marker.
(5)
Penalties
. Any
			 person convicted of a violation of any of the provisions of
			 720 CMR
			 9.09 shall be punished as provided in M.G.L.
			 c. 90, § 18A. Any person convicted of a parking violation of any provision
			 of
			 720 CMR
			 9.00 shall be punished as provided in M.G.L. c. 90,
			 § 20A½. Any person convicted of a violation of any other rule made
			 hereunder shall be punished by a fine of not more than $20 for each offense
			 except that a person convicted of a violation of the provisions of
			 720 CMR
			 9.08(4)(a), through
			 9.08(4)(d)
			  shall be punished by a fine of not more than
			 $500 for each offense.