Code of Massachusetts Regulations › 540 CMR - REGISTRY OF MOTOR VEHICLES › Title 540 CMR 2.00 - Motor Vehicle Regulations › Section 2.05 - Vehicle Registrations Requirements

Current through Register 1525, July 5, 2024
(1)
Authority, Purpose and Scope
. 540 CMR 2.05 is issued
			 by the Registrar of Motor Vehicles under the authority of M.G.L. c. 6C, §
			 56 and c. 90, §§ 2 and 31. In order to promote and protect the public
			 safety, every motor vehicle and trailer operated, pushed, drawn, towed, or
			 remaining in any way shall be in compliance with the registration requirements
			 of M.G.L. c. 90, and 540 CMR 2.05 or
			 540 CMR 18.00:
Minimum Standards for the Issuance and Use of General Registrations and
			 General Registration Numbers Plates Issued under the Provisions of M.G.L. c.
			 90, § 5
.
(2)
Applications for Registration and Powers of Attorney
.
			 Any person who desires to register a motor vehicle or trailer in the
			 Commonwealth shall complete such application, and provide such information, as
			 required by the Registrar. The application for registration may be signed on
			 behalf of the applicant by a duly authorized attorney in fact acting under a
			 valid power of attorney, provided the power of attorney or a copy thereof, duly
			 authenticated, is filed with the application for registration.
(3)
Definitions
. As
			 used in 540 CMR 2.05, the following terms are defined as follows:
Ambulance, Antique Motor Car, Auto Home, House
				Trailer, Motorcycle, School Bus, Semi-trailer, and Trailer
. Have
				the meaning assigned to those terms in M.G.L. c. 90, § 1.
Apportionable Vehicle
. Any motor
				vehicle which qualifies for registration under the International Registration
				Plan (IRP) authorized by M.G.L. c. 90, § 2.
Bus
. Any motor vehicle which is
				designed to transport 16 or more passengers, including the driver, or meets the
				definition of bus or motor bus under M.G.L. c. 90, § 1.
Business Advertisement
. Unless
				exempted by law, a business advertisement on a motor vehicle includes, but is
				not limited to, a notice, slogan, image, logo, internet address or a design, or
				any combination, intended to draw public attention to a company or organization
				or to a product or service.
Business Marking
. Unless exempted by
				law, a business marking on a motor vehicle includes, but is not limited to, a
				name, address, telephone number, internet address or any combination or other
indicia
that identifies the owner or lessee of the
				vehicle.
Commercial Motor Vehicle (CMV)
. A
				motor vehicle or combination of motor vehicles used in commerce to transport
				passengers or property if the motor vehicle:
(a) has a gross combination vehicle weight
			 rating or gross combination vehicle weight of 11,794 kilograms or more (26,001
			 lbs. or more), whichever is greater, inclusive of a towed unit(s) with a gross
			 vehicle weight rating or gross vehicle weight of more than 4,536 kilograms
			 (10,000 lbs.), whichever is greater;
(b) has a gross vehicle weight rating or
			 gross vehicle weight of 11,794 kilograms or more (26,001 lbs. or more),
			 whichever is greater;
(c) is
			 designed to transport 16 or more passengers, including the driver; or
(d) is of any size and is used in
			 transportation of hazardous materials as defined in 540 CMR 2.05(3).
Commercial Plates Required Vehicle
.
				Any motor vehicle required to display a "commercial" registration plate and
				which is not an "apportioned vehicle", a private passenger motor vehicle,
				personal transportation network vehicle, antique motor car, motorcycle,
				trailer, semi-trailer, auto home, house trailer, taxicab, ambulance, hearse,
				livery vehicle, bus, school bus, or school pupil transport vehicle, including
				the following:
(a) Any
			 vehicle which has a vehicle weight, or curb weight, of 6,000 lbs., or more, as
			 per the manufacturer's description of said vehicle, unless such vehicle is a
			 sport utility vehicle or passenger van, or a pickup truck or cargo van meeting
			 the definition of Private Passenger Motor Vehicle or a Camper
			 Vehicle;
(b) Any vehicle which has
			 five or more wheels on the ground; except that a pickup truck which has five or
			 more wheels on the ground that is registered to an individual and is used
			 solely for personal use shall not be classified as a "commercial plates
			 required vehicle" for purposes of registration unless another provision of law
			 requires such registration;
(c) Any
			 pickup truck or cargo van, owned by a partnership, trust or corporation unless
			 such vehicle meets the definition of Private Passenger Motor Vehicle;
(d) Any pickup truck or cargo van, if on the
			 bed of the vehicle tools, supplies, materials or equipment are transported to
			 or from a job site, or are stored for use at a job site, provided that
			 transportation to or storage for use at a personal project for which no
			 compensation is received shall not be considered in connection with a "job
			 site";
(e) Any vehicle, if on the
			 roof or sides of the vehicle, tools, supplies, materials or equipment are
			 transported to or from a job site, or are stored for use at a job site,
			 provided that transportation to or storage for use at a personal project for
			 which no compensation is received shall not be deemed in connection with a "job
			 site";
(f) A vehicle which has
			 business advertisements or business markings thereon; provided however that
			 markings limited to the name, address, telephone number, and logo of any
			 corporation whose personal property is exempt from taxation under M.G.L. c. 59,
			 § 5, Clause Third or Tenth and markings limited to the name, address,
			 telephone number, logo or website address of a "car-sharing organization" as
			 defined in M.G.L. c. 90, § 32J shall not be considered business
			 advertisements or business markings for purposes of 540 CMR 2.05;
(g) A vehicle used for hire to
			 plow;
(h) A vehicle used for hire
			 to transport or store goods, wares or merchandise, provided that a private
			 passenger motor vehicle which is owned by an individual and which is so used on
			 only a part time basis shall not be deemed a commercial plates required vehicle
			 under 540 CMR 2.05(3). "Part time basis" shall mean that not more than 40% of
			 the total usage of the vehicle is devoted to the transporting or storing of
			 goods, wares or merchandise.
(i) A
			 vehicle used to transport or store goods, wares or merchandise intended for
			 sale in the ordinary course of the vehicle operator's or owner's business,
			 provided that if the vehicle is owned by an individual, has a maximum load
			 carrying capacity of 1,000 lbs. or less, and is so used on only a part-time
			 basis, such vehicle shall not be deemed a commercial plates-required vehicle
			 under 540 CMR 2.05(3). "Part-time basis" shall mean that not more than 40% of
			 the total usage of the vehicle is devoted to the transporting or storing of
			 goods, wares or merchandise.
Hazardous materials
. Any material that
				has been designated as hazardous under
				49
				CFR 383.5, including any material that has
				been designated as hazardous under
				49 U.S.C.
				5103 and is required to be placarded under
				subpart F of 49 CFR part 172 or any quantity of a material listed as a select
				agent or toxin in 42 CFR 73.
Hearse
. Any vehicle regularly used in
				the course of business of a licensed embalmer or a licensed funeral
				director.
Limited Use Motor Vehicle
. Any motor
				vehicle with two or more wheels as described in M.G.L. c. 90, §§ 1H
				or 1I which is capable of exceeding 30 miles per hour but not exceeding 40
				miles per hour whose operation on public ways is restricted by law. Such
				vehicle shall display a Limited Use Vehicle registration plate, except that a
				three-wheeled vehicle meeting the definition of limited use motorcycle in
				M.G.L. c. 90, § 1I shall display a Limited Use Motorcycle plate.
Livery Vehicle
. Any limousine or other
				vehicle which is designed to carry 15 or fewer passengers, including the
				driver, and carries passengers for hire, business courtesy, employee shuttle,
				customer shuttle, charter or other pre-arranged transportation, and which
				vehicle is not required to obtain a taxicab license pursuant to M.G.L. c. 40,
				§ 22.
Low-speed Electric Bicycle
. A two- or
				three-wheeled vehicle with fully operable pedals and an electric motor of less
				than 750 watts (one h.p.), whose maximum speed on a paved level surface, when
				powered solely by such a motor while ridden by an operator who weighs 170 lbs.,
				is less than 20 mph. These bicycles are not "motor vehicles" and are regulated
				by the U.S. Consumer Product Safety Commission. They are neither required nor
				authorized to be registered as "motorized bicycles" in the Commonwealth and the
				operator is not required to have a license or learner's permit but is subject
				to the traffic laws of the Commonwealth.
Low-speed Motor Vehicle
. Any motor
				vehicle with four wheels meeting the definition in M.G.L. c. 90, § 1 and
				qualifying for registration under M.G.L. c. 90, § 1F, whose operations on
				public ways is restricted by law. Such vehicle shall display a Low Speed
				Vehicle registration plate and a "Slow Moving Vehicle Emblem."
Military Vehicles Appearing to Carry an Offensive
				Weapon
. A privately-owned vehicle or vehicle owned by a not-for
				profit organization, which appears to contain a mounted offensive weapon
				designed for military use including, but not limited to, long guns, machine
				guns, and rocket launchers may not be registered for use on public ways.
				However, such vehicles may take part in parades on public ways when law
				enforcement officers escort the vehicle or close the way to the public.
Motor Vehicles and Motorized Vehicles Not Designed
				for Use on a Way
. If the Registrar determines from a
				Manufacturer's Certificate of Origin or other document believed to contain
				reliable information, that a motor vehicle or motorized vehicle presented for
				registration was not designed for use on public ways, the Registrar may refuse
				to register such vehicle.
Motorcycle
. As defined in M.G.L. c.
				90, § 1, includes any such vehicle if it can achieve a top speed, as
				designed and manufactured, in excess of 40 miles per hour (MPH). If such
				vehicle can achieve a top speed, as designed and manufactured, of between 30
				and 40 miles per hour (MPH) it may be registered as a "Limited Use Motorcycle"
				subject to restrictions as to operation on certain ways or portions of ways.
				Any two- or three-wheeled vehicle which has been certified by the National
				Highway Traffic Safety Administration (NHTSA) as a "motorcycle" can only be
				registered as a "Motorcycle" or "Limited Use Motorcycle". It cannot be
				registered as a "private passenger motor vehicle".
Motorcycle Conversions
. A two- or
				three-wheeled motorcycle originally designed and manufactured for off-road use
				cannot be registered for on-road use, unless and until it has been physically
				converted in accord with the required motorcycle equipment/components list as
				contained in the Registrar's "Motorcycle Conversion Preliminary Examination
				Report" and the vehicle passes such preliminary examination prior to
				registration.
Motorized Bicycle (commonly called a
				moped)
. As defined in M.G.L. c. 90, § 1, may have two or
				three wheels. A motorized bicycle, however powered, cannot be converted and
				registered as a motorcycle. If the Registrar has information that he or she
				believes to be reliable that a particular make and model of motorized bicycle
				or a particular motorized bicycle itself can exceed 30 miles per hour, he or
				she may refuse to recognize it as a motorized bicycle and may reject
				registration for the specific vehicle or the make and model produced by the
				manufacturer.
Motorized Scooter
. As defined in
				M.G.L. c. 90, § 1, is neither required nor authorized to be registered in
				the Commonwealth.
Motorized Vehicle Combinations
. A
				vehicle composed of a motorized vehicle on the bottom and one or more parts of
				another vehicle or vehicles on top, whether the top portion contains a separate
				motorized vehicle or part of a boat, plane or off-road vehicle,
etc
., will not be registered for operation on public
				ways.
Motorized Vehicle Designed for Off-road
				Use
. A motorized vehicle originally designed and manufactured for
				off-road use, for example, a snow mobile or ski mobile, an all-terrain (ATV)
				vehicle, a utility vehicle,
etc
., that could be registered
				under M.G.L. c. 90B cannot be registered for on-road use, either in its
				original manufactured configuration or as modified for on-road use. Only a
				"motorcycle" properly converted from off-road use may be registered for on-road
				use.
Personal Transportation Network
				Vehicle
. A private passenger motor vehicle that is used by a
				Transportation Network Company Driver to provide Transportation Services for a
				Transportation Network Company.
Private Passenger Motor Vehicle
. Any
				vehicle:
(a) which has a
			 vehicle weight rating or curb weight of 6,000 lbs. or less as per the
			 manufacturer's description of said vehicle; or is a sport utility vehicle or
			 passenger van as per the manufacturer's description of said vehicle; or which
			 is a pickup truck or cargo van with a Gross Vehicle Weight Rating (GVWR) of
			 16,000 lbs. or less as per the 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;
			 and,
(b) which, if a pickup truck
			 or cargo van with a Gross Vehicle Weight Rating (GVWR) of 16,000 lbs. or less
			 as per manufacturer's description of said vehicle, is registered or leased to
			 an individual or individual trust, and is used solely for personal use; or is
			 registered or leased to a college or university police department as described
			 in subparagraph (a); and,
(c)
			 which, other than a Personal Transportation Network Vehicle, is not described
			 elsewhere in 540 CMR 2.05.
The terms passenger vehicle, passenger car, automobile and
				pleasure passenger vehicle are synonymous with
Private Passenger
				Motor Vehicle
. For the avoidance of doubt, the
Private
				Passenger Motor Vehicle
shall include, but not be synonymous with,
Personal Transportation Network Vehicle
. For the
				purposes of M.G.L. c. 90D, § 15A, the term "pleasure vehicle" shall
				include any motor vehicle, as defined in M.G.L. c. 90D, § 1, that is
				registered to one or more person(s) and is not registered or used for
				commercial purposes.
School Pupil Transport Vehicle
. Any
				vehicle which is required to comply with the special equipment and licensing
				requirement of M.G.L. c. 90, § 7D.
Tank Vehicle (liquid storage)
. Any
				commercial motor vehicle that is designed to transport any liquid or gaseous
				materials within a tank or tanks having an individual rated capacity of more
				than 119 gallons and an aggregate rated capacity of 1,000 gallons or more that
				is either permanently or temporarily attached to the vehicle or the chassis. A
				commercial motor vehicle transporting an empty storage container tank, not
				designed for transportation, with a rated capacity of 1,000 gallons or more
				that is temporarily attached to a flatbed trailer is not considered a tank
				vehicle.
Taxicab
. Any vehicle which carries
				passengers for hire, and which is licensed by a municipality pursuant to M.G.L.
				c. 40, § 22 as a taxicab.
Transportation Network Company
. A
				corporation, partnership, sole proprietorship, or other entity operating in
				Massachusetts that, for consideration, will arrange for a passenger to be
				transported by a driver between points chosen by the passenger. A
				Transportation Network Company must hold a valid Transportation Network Company
				Certificate issued by the Department of Public Utilities or a notice issued by
				the Department of Public Utilities within the preceding six months certifying
				that, as of the date of the notice, the Department of Public Utilities is not
				issuing Transportation Network Company Certificates.
Transportation Network Company Driver or TNC
				Driver
. An individual who, on behalf of a Transportation Network
				Company, provides Transportation Services to TNC Riders.
Transportation Network Company Rider or TNC
				Rider
. Any passenger who is transported by a TNC Driver for
				consideration and whose transportation is arranged by a TNC Company.
Transportation Services
. The
				transportation of a passenger between points chosen by the passenger for
				consideration.
Vanpool Vehicle
. Any vehicle with a
				seating arrangement designed to carry seven to 15 adults, including the driver,
				and is used by seven or more persons commuting on a daily basis to and from
				work, as classified in M.G.L. c. 63, §§ 31D through
				31F.