Code of Massachusetts Regulations › 302 CMR - DEPARTMENT OF CONSERVATION AND RECREATION › Title 302 CMR 11.00 - Parkways, Traffic, And Pedestrian Rules › Section 11.02 - Definitions

Current through Register 1525, July 5, 2024
The following words and phrases, when used in
				302 CMR 11.00, shall have the
				meanings respectively ascribed to them in
				302 CMR 11.00, except in
				those instances where the context clearly indicates a different meaning or is
				otherwise stated.
Whenever any word and phrase used in
				302 CMR 11.00 is not defined
				in
				302 CMR 11.00, such word or
				phrase shall be construed according to its generally accepted meaning as noted
				in a dictionary of general usage.
ADT
. Average daily traffic, which is
				the general unit of measure for traffic on a highway; it is the total volume
				during a given time period (in whole days), greater than one day and less than
				one year, divided by the number of days in that time period.
Ban
. The prohibition, resulting from
				violations of rules and regulations applicable to conduct on DCR property, of a
				person from DCR property, for a period of time longer than that associated with
				an eviction.
Basin
. The Charles River Basin.
Bicycle
. A two wheel non-motorized
				vehicle designed to be used both on and off paved surfaces and over unimproved
				terrain.
Bicycle Lane
. That portion of a
				roadway that is designated in such a way as to alert all road users that a
				portion of the roadway is for exclusive use by bicyclists and riders of
				electric bicycles, including lines, symbols, and signage demarcating the
				exclusive area.
Boulevard
. Any roadway, parkway, way
				or any portion thereof, under the jurisdictional care, custody or control of
				DCR, between regularly established curb lines or that part, exclusive of
				shoulders, improved and intended to be open and used for vehicular traffic by
				the public on a public way, including vehicular and/or pedestrian, bicycle,
				electric bicycle, or other DCR approved traffic.
Breakdown Lane
. A paved lane on a way
				to the right of the travel lanes and separated from them by a solid
				line.
Bridge
. A structural passage over
				water or land for pedestrian and/or vehicular traffic.
Bus
. A vehicle designed for carrying
				more than eight passengers or more than two special needs persons, and used
				primarily for the transportation of persons for compensation, as a service, or
				as an adjunct to a school program or other organized group.
Bus, Streetcar, Trackless Trolley Stop
. An area in the parkway to the curb or edge of the parkway set aside for the
				boarding of or alighting from designated buses, streetcars, or trackless
				trolleys.
Charles River Basin
. The Charles River
				Basin as defined by St. 1909, c. 524, as amended by St. 1962, c. 550, and
				includes the Charles River and its tributaries lying between the Watertown Dam
				and the Charles River Dam which is located between the Leonard P. Zakim Bunker
				Hill Memorial and North Washington Street Bridges; and the Mystic River Basin
				as defined by the Upper Mystic Lake Dam at the upstream end and the Amelia
				Earhart Dam at the downstream end and includes the Mystic River, the Amelia
				Earhart Dam and its tributaries.
Citation
. Notice of any violation of
				302 CMR 11.00 duly issued by
				a law enforcement official, DCR Ranger, District Forest Fire Warden, Forest
				Fire Patrolman, or other DCR personnel which may result in a fine.
Commercial Vehicle
. Any vehicle
				legally registered under appropriate state or federal laws or regulations, for
				commercial purposes, bearing valid commercial vehicle number plates with a
				"commercial" designation issued by the Massachusetts Registrar of Motor
				Vehicles, M.G.L. c. 90 or an equivalent number plate, or a trailer attached to
				a commercial vehicle, used primarily for the transportation or delivery of
				goods, wares, merchandise or equipment, or designed and used for the delivery
				of utility services or for field services related to the maintenance/repair of
				buildings and operated by a legally licensed operator with a valid commercial
				license and valid insurance including, but not limited to, apportioned vehicle,
				hearse, livery vehicle, taxi, official emergency vehicle, or government
				vehicle.
Commissioner
. The Commissioner of the
				Massachusetts Department of Conservation and Recreation (DCR) or his or her
				designee.
Construction Activity
. Any activity
				conducted on DCR property including, but not limited to, DCR roads, boulevards,
				parkways, sidewalks and lands, for which a construction and access permit
				issued by the Department is required. Construction activity may include, but is
				not limited to, excavation, digging, or the opening of any surface of DCR
				property, whether such work is to be conducted by a private party, a commercial
				entity, government agency, government body or its agent.
Crosswalk
. The point or portion of a
				roadway, parking area, or other location on DCR property, ordinarily included
				within the extensions of the sidewalk lines, or, if none, then the footpath
				lines, or areas, at any place in a roadway, clearly indicated for safe
				pedestrian crossing of vehicular flow so indicated by markings on the road
				surface, other markings, signs, cobblestones, audibles, tactile, or the use of
				other contrasting surface materials.
Curb Loading Zone
. A space adjacent to
				a curb reserved or designated by markings, signage, or other method indicating
				the exclusive use of vehicles during the loading or unloading of
				materials.
Curb Marking
. That portion of a curb,
				the painting of which has been authorized by the Commissioner or his or her
				designee, and which serves as a supplementary warning of a parking restriction.
				Curb markings alone shall not be construed to be adequate warning for the
				purpose of enforcement.
DCR
or
the
				Department
. The Massachusetts Department of Conservation and
				Recreation.
DCR Personnel
. A person designated by
				the Commissioner to be responsible for the supervision, operation, protection
				and maintenance of a specifically designated DCR property.
DCR Property
. Property, real or
				personal, in which the DCR has a legal interest including property under the
				care, custody, or control of the DCR. Such property may include, but is not
				limited to, grassland, reservations, parks, forests, beaches, tidelands, pools,
				skating rinks, golf courses, campgrounds, rail trails, bike trails, forest
				roads, forest ways, ponds, lakes, parking areas, trailheads, parkways,
				boulevards, roadways, facilities, and structures.
DCR Ranger
or
Ranger
. Any person duly appointed by the Department to
				perform the duties of a DCR ranger pursuant to M.G.L. c. 92, § 34B or
				M.G.L. c. 132A, § 7A.
Double Parking
. Stopping, standing or
				parking a vehicle alongside or opposite a vehicle or other object which is
				parked at a curb or on a DCR roadway or other DCR property when stopping,
				standing or parking would obstruct traffic.
Driveway
. (
see
Boulevard
,
Parkway
or
Roadway
as defined in 302 CMR 11.02).
Electric Bicycle
. A two- or
				three-wheeled vehicle that is equipped with fully operable pedals, a seat or
				saddle for the rider and an electric motor of no more than 750 watts, and is a
				Class 1, Class 2 or Class 3 electric bicycle.
(a)
Class 1 Electric Bicycle
. An
				electric bicycle equipped with a motor that provides assistance only when the
				rider is pedaling, and that ceases to provide assistance when the bicycle
				reaches or exceeds 20 miles per hour.
(b)
Class 2 Electric Bicycle
. An
				electric bicycle equipped with a motor that may be used exclusively to propel
				the bicycle, and that is not capable of providing assistance when the bicycle
				reaches or exceeds 20 miles per hour.
(c)
Class 3 Electric Bicycle
. An
				electric bicycle, other than a Class 1 electric bicycle, equipped with a motor
				that provides assistance only when the rider is pedaling, and that ceases to
				provide assistance when the bicycle reaches or exceeds 28 miles per
				hour.
Emergency Area
. Any roadway, service
				way, gate, or other DCR property used by a police department, fire department,
				ambulance or first responders, or Department employees for purposes of access
				or egress.
Emergency Artery
. Any roadway or other
				DCR property designated as such by the Commissioner.
EOEEA
. Executive Office of Energy and
				Environmental Affairs.
EPO
or
Massachusetts
				Environmental Police Officer
. A police officer of the Office of
				Law Enforcement, within the Executive Office of Energy and Environmental
				Affairs, with the authority to enforce all DCR regulations and Massachusetts
				laws, on DCR property and DCR roadways.
Eviction
. A type of enforcement
				whereby a person in violation of a DCR regulation or other Massachusetts or
				U.S. law or regulation is ordered to leave DCR property for a period of
				time.
Excavation
. Any digging or opening
				into the surface of DCR property.
Gate - Access Area
. A gate or opening
				or other structure which serves to mark an access or egress point at a DCR
				roadway or other DCR property.
Government Vehicle
. Any vehicle
				registered to a city, town, or county in the Commonwealth of Massachusetts, or
				registered as a state vehicle of the Commonwealth of Massachusetts itself or to
				any official agency or agent thereof, registered to any other state, state
				official or agency of the United States, or registered to the federal
				government of the United States or a federal official or agency thereof. These
				vehicles must bear distinctive license plates displaying all current and proper
				indication of the vehicle's use as a government vehicle in order to be
				considered exempt from DCR parking regulations referred to in
				302 CMR 11.00.
Intersection
. The area embraced within
				the extensions of lateral curb lines or, if none, then the lateral boundary
				lines, of intersecting ways, as defined in M.G.L. c. 90, § 1, including
				divided ways.
Lane or Travel Lane
. A longitudinal
				division of a DCR roadway of sufficient width to accommodate the passage of a
				single line of vehicles, whether or not the bounds of the lane are indicated by
				pavement markings or longitudinal construction joints.
Law Enforcement Officer/Official
. Any
				government law enforcement official or officer, including, but not limited to,
				the following: DCR ranger, district forest fire warden, district forest fire
				patrolman, environmental police officer, Massachusetts state police officer,
				municipal police officer, other municipal law enforcement official, U.S.
				government law enforcement officer or official, Massachusetts county law
				enforcement officer or official, or any other qualified individual to whom the
				Department may designate authority and duties that are the same or similar to
				those positions listed in 302 CMR 11.02:
Law Enforcement
				Officer/Official
.
Live Parking
. The standing of an
				occupied vehicle.
MEPA
. The Massachusetts Environmental
				Policy Act, M.G.L. c. 30, §§ 61 through 62I, and its implementing
				regulations at
				301 CMR
				11.00:
MEPA Regulations
.
Metered Parking
. Parking at any device
				placed or erected on any roadway for the regulation and control of parking
				including, but not limited to, multi-space meters, pay-and-display machines,
				and single parking meters.
Motor Vehicle
. Has the same meaning as
				"motor vehicles" set out in M.G.L. c. 90, § 1.
Motorized Conveyance
. Any conveyance
				powered by a motor, other than a motor vehicle. For purposes of
				302 CMR 11.00, an Electric
				Bicycle, as defined in 302 CMR 11.02, is not a Motorized Conveyance.
Obstruction
.
(a) Any fixed object, such as, but not limited to, a fence,
				post, pole, wall, ditch, or any movable object such as, but not limited to, a
				gate, barrel, tank, motor vehicle or truck whether registered or unregistered,
				temporary structure of metal or wood, or other physical barrier which might
				prevent pedestrian or vehicular access including, but not limited to,
				firefighters or firefighting equipment or any other emergency or other vehicle
				traffic;
(b) Standing, stopping or parking a vehicle as to obstruct
				pedestrian or vehicular access to any Department of Conservation and Recreation
				street, roadway, parkway, service way, gate or property.
Operate
. To ride in or on, and be in
				actual physical control of the operation of any vehicle or vessel.
Operator
. An individual who operates,
				drives, controls or otherwise has charge of or is in actual physical control of
				a mechanical mode of transportation, or any other mechanical equipment or
				vehicle.
Park
or
Parking
. The stopping or standing of a vehicle,
				whether occupied or not, except a vehicle is not parked if it has stopped
				temporarily because its movement is obstructed, or the operator is lawfully
				engaged in loading or unloading passengers or materials, or the operator is
				following the direction of a law enforcement officer, DCR ranger, DCR
				personnel, traffic signs, traffic signals, is making emergency repairs, or it
				is a disabled vehicle and arrangements are being made to remove such
				vehicle.
Parking Area
or
Parking
				Lot
. Any DCR property or part thereof, designated, and/or posted,
				marked, or directed by DCR personnel, DCR ranger or other law enforcement
				official, to be used for the stopping, standing or stationing of parked
				vehicles, in accordance with all applicable Massachusetts laws and
				regulations.
Parking Violation
. A written notice
				issued by a DCR ranger or other authorized law enforcement official that shall
				record the occurrence and fine involved due to a person's actions in violation
				of one or more DCR parking rules or regulations in
				302 CMR 11.00.
				(
See
also 302 CMR 11.02:
Citation
.)
Parkland
. All areas within DCR
				property including, but not limited to, grass, dirt, or other unpaved areas.
				(
See
also 302 CMR 11.02:
DCR
				Property
.)
Parkway
. Any boulevard, roadway, way
				or any portion thereof, under the ownership or jurisdictional care, custody or
				control of DCR, between regularly established curb lines or that part,
				exclusive of shoulders, improved and intended to be open and used for vehicular
				traffic by the public on a public way, including vehicular and/or pedestrian,
				bicycle, pedal-assist electric bicycle, or other DCR approved traffic.
Passing Zone
. That portion of a DCR
				roadway in which a vehicle lawfully may proceed past the left side of another
				vehicle traveling in the same direction as the passing vehicle.
Pedestrian
. Any person afoot or riding
				on a human-powered conveyance other than a bicycle or tricycle.
Permit
. A duly issued, written, fully
				revocable license from DCR authorizing a permittee to engage in uses or
				activities on DCR property that are otherwise prohibited, restricted, or
				regulated.
Person
. Any individual, corporation,
				firm, partnership, company, association, trust, or other business or nonprofit
				organization; any agency, department, board, commission, quasi public agency or
				authority of the Commonwealth; and any Federal, municipal, or regional
				governmental or intergovernmental agency, department, board, commission,
				authority, or other entity, or any combination of individuals or entities
				including, but not limited to, those listed above, their agent, trustee,
				executor, receiver, assignee, or other representative thereof.
Pleasure Vehicle
. A vehicle used for
				personal, recreation, or commuting purposes which has a vehicle weight rating
				or curb weight of 6,000 pounds or less as per manufacturer's description of
				said vehicle or is a sport utility vehicle or passenger van; or which is a
				pickup truck or cargo van of the ½ ton, ¾ ton, or one ton class
				as per manufacturer's description of said vehicle; or which is a vehicle used
				solely for official business by any college or university police department
				whose officers are appointed as special police officers by the colonel of the
				state police under M.G.L. c. 22C, § 63.
Post
or
Posting
. To display in a place of public view in
				electronic or printed form.
Project
. Any work or activity
				undertaken by a Person.
Railroad Crossing Including Street
				Railways
. Any intersection of ways with a railroad right of
				way.
Removal
. A type of enforcement that
				requires a person in violation of a DCR regulation or other Massachusetts or
				U.S. law or regulation on DCR property or roadways to exit DCR property
				immediately for a temporary period of time. Authorized DCR personnel or
				authorized law enforcement officials may notify said person and take efforts to
				enforce forthwith.
Roadway
. Any boulevard, parkway, way
				or any portion thereof, under the ownership or jurisdictional care, custody or
				control of DCR, between regularly established curb lines or that part,
				exclusive of shoulders, improved and intended to be open and used for vehicular
				traffic by the public on a public way, including vehicular and/or pedestrian,
				bicycle, electric bicycle, or other DCR approved traffic.
Rotary Traffic
. The counter-clockwise
				operation of a vehicle around a traffic island or other structure in a DCR
				roadway.
Roundabout Traffic
. The
				counter-clockwise operation of a vehicle around a traffic island or other
				structure in a DCR roadway.
Section 61 Finding(s)
. The findings
				issued by the Department pursuant to the Massachusetts Environmental Policy Act
				(MEPA).
Service Way
.
See
302
				CMR 11.02:
Boulevard
,
Roadway
or
Parkway
.
Shoulder
. That part of the surface of
				a DCR roadway lying outside the travel ways.
Sidewalk
. That portion of a DCR
				property or DCR roadway typically for pedestrian use.
Sign
. A sign, lights, signal, barrier,
				marker, marking, cone, barrel, or similar device or indicator, whether the
				means of display or indication is mechanical, electrical, acoustical, or
				another means, that DCR uses or causes to be deployed for the purpose of
				regulating traffic, parking or other activity on a roadway.
Special Use Permit
. A written
				agreement that authorizes a person to engage in uses of or activities on DCR
				property on a specific date and time, which uses exceed in any way the common
				use of DCR property, or that are otherwise prohibited, regulated or
				restricted.
Stand
or
Standing
. The halting of a vehicle, whether occupied
				or not, on a DCR roadway or DCR property, other than for the purpose of, and
				actually engaged in receiving or discharging passengers on DCR property.
Stop
or
Stopping
. Any halting of a vehicle on a DCR roadway or
				other DCR property, even momentarily, whether the vehicle is occupied or not.
				When necessary, a driver may be required to stop by order of a DCR ranger or
				other authorized law enforcement official, or in compliance with a traffic
				control signal or device or to avoid conflict with other traffic for public
				safety.
Street
.
See
302 CMR
				11.02:
Boulevard
,
Parkway
or
Roadway
.
Substantial Increase in or Impact on
				Traffic
. A Project that meets or exceeds any of the following
				thresholds:
(a) generation of 2,000 or more new ADT on Parkways providing
				access to a single location;
(b) generation of 1,000 or more new ADT on Parkways providing
				access to a single location and construction of 150 or more new parking spaces
				at a single location;
(c) construction of 300 or more new parking spaces at a single
				location; or
(d) creation of a change in the type, pattern, or timing of
				traffic that is determined by DCR to generate a significant impact on traffic
				flow and safety. For the purposes of
Substantial Increase in or
				Impact on Traffic
, "new" means ADT or parking spaces generated by
				a project above and beyond the ADT or parking spaces in existence as of the
				time of the Construction and Access Permit application.
Taxi, Taxi Cab
or
Cab
. A motor vehicle bearing a valid number plate with
				a "taxi" designation issued by the Massachusetts Registrar of Motor Vehicles or
				an equivalent number plate. Motor vehicles in active use for ride-sharing
				services shall also be included in
Taxi, Taxi Cab
or
Cab
.
Trackless Trolley
.
See
"trackless trolley" as defined in M.G.L. c. 90, §
				1.
Traffic
. Pedestrians, bicycles,
				electric bicycles, ridden or herded animals, vehicles, buses, street cars,
				trolleys and other conveyances, either singly or together, while using any DCR
				property, roadway, boulevard or parkway, for the purpose of travel or
				recreating.
Traffic Control Signal
or
Device
. Any sign, signal, marking or other device,
				used on DCR property or roadways, boulevards or parkways to regulate, warn,
				guide or otherwise control or regulate traffic or parking, whether by using
				colored lights whereby traffic may alternately be directed to stop, slow, use
				caution, turn, or proceed in any particular direction. Such indications may be
				manual, electronic, mechanical, or acoustic.
Trail
. An established and designated
				linear path or route designed and maintained for recreational
				activities.
Trailer
.
See
"trailer" as defined in M.G.L. c. 90, § 1.
Travel Lane
. Means 302 CMR 11.02:
Lane
.
Vehicle
. Every device in, upon or by
				which any person or property is or may be transported or drawn upon DCR
				roadways, boulevards, parkways or other DCR property.
Way
. Any public highway, private way
				laid out under authority of statute, dedicated to public use, or a way under
				the control of DCR and defined in 302 CMR 11.02:
Roadway, Boulevard
				or Parkway
.
Weather Emergency
. Any threatening
				weather conditions, as determined by the Commissioner or his or her
				designee.
Yield
. Any vehicle shall allow a
				pedestrian to cross a roadway within a marked crosswalk, and an operator shall
				not pass any other vehicle which has slowed or stopped to permit a pedestrian
				to cross at a marked crosswalk.
Yield
the right-of-way
				when posted by a sign means that the operator of a vehicle shall bring the
				vehicle to a complete stop before entering the posted intersection or area.
Yield
does not apply if the driver of a vehicle
				approaching a "Yield" sign is able to enter the posted intersection or area
				safely without causing interference or harm to approaching vehicular or
				pedestrian traffic.