reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 7.00 - Use of the Massachusetts Turnpike and the Metropolitan Highway System › Section 7.12 - Repair or Removal of Vehicle

Current through Register 1525, July 5, 2024
(1)
In the Tunnels
.
(a)
Repairs
. Repairs to a disabled vehicle in the Tunnels
			 are prohibited unless authorized by the Chief Engineer or a Massachusetts State
			 Police officer to ensure the safe and efficient operation of the
			 Tunnels.
(b)
Removal
. The Department may immediately remove, or
			 cause to be removed, a disabled vehicle or abandoned vehicle in the Tunnels,
			 and the Department may park, garage, or store the removed vehicle on property
			 of the Department or elsewhere, all at the risk and expense of the owner of the
			 removed vehicle.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.01 - Purpose

Current through Register 1525, July 5, 2024
(1)
								700 CMR 8.00 regulates
			 activity and establishes procedures, requirements and penalties with the
			 respect to the use of certain roadways that are under the jurisdiction of the
			 Massachusetts Department of Transportation (MassDOT or Department) in relation
			 to the application for and issuance of Permits for:
(a) overweight vehicles carrying reducible
			 loads; and
(b) motor vehicles
			 pulling trailers used in combination while transporting reducible loads upon
			 any state highway or way determined by the Department to be a through
			 route.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.02 - General Provisions

Current through Register 1525, July 5, 2024
Applicability
.
				700 CMR 8.00 shall apply to
				all owners, operators, bailees and lessees of motor vehicles, tractors,
				trailers, semi-trailers and semi-trailer units who operate or seek to operate
				said vehicle(s) and trailers in combination while transporting reducible loads
				upon any state highway or way determined by the Department to be a through
				route.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.04 - When a Permit for an Overweight Reducible Load is Required

Current through Register 1525, July 5, 2024
A permit is required to carry any load which together with the
				vehicle is in excess of the weight allowed by M.G.L. c. 90, § 19 or 19A
				and M.G.L. c. 85, §§ 30 and 30A. In general, a permit is required in
				the following instances:
(1) A permit
			 is required to travel on state highways or ways determined by the Department to
			 be a through route for any motor vehicle having two axles which vehicle
			 together with its load weighs more than 46,000 pounds, or for any motor
			 vehicle, trailer, semi trailer, or semi trailer unit having three or more axles
			 which together with its load weighs more than 80,000 pounds.
(2) In addition, notwithstanding any thing
			 provided in 700 CMR 8.04(1) and (2), a permit is required for any motor
			 vehicle, trailer, semi trailer or semi trailer unit which has a weight on any
			 axle, measured on the ground, of more than 22,400 pounds, or if the axles are
			 spaced less than six feet apart, more than 18,000 pounds.
(3) In addition, notwithstanding any thing
			 provided in 700 CMR 8.04(1) and (2), a permit is required for any motor
			 vehicle, trailer, semi trailer and semi trailer unit where the overall gross
			 weight on a group of two or more consecutive axles exceeds the gross weight (W)
			 produced by computing the formula:
Click
				to view image
(W = overall gross weight on any group of two or more
				consecutive axles to the nearest 500 pounds, L = distance in feet between the
				extreme of any group of two or more consecutive axles, and N = number of axles
				in group under consideration, except that two consecutive sets of tandem axles
				may carry a gross load of 34,000 pounds each providing the overall distance
				between the first and last axles of such consecutive sets of tandem axles is 36
				feet or more).
(4)
			 Notwithstanding 700 CMR 8.04(1) through (3), the following vehicles may travel
			 on a way while engaging in hauling construction materials, liquid petroleum
			 products or bulk feed without a permit, provided that the gross vehicle weight
			 at which they operate complies with the weight restrictions contained in M.G.L.
			 c. 90, § 17A, does not exceed the gross vehicle weight rating established
			 by the original manufacturer of the chassis and does not exceed the weight for
			 which the vehicle is duly registered in the Commonwealth of Massachusetts:
(a) a construction type motor vehicle with
			 two axles;
(b) a motor vehicle
			 carrying bulk feed;
(c) a
			 construction type semi-trailer or tandem unit or motor vehicle having three
			 axles carrying construction materials;
(d) a semi-trailer unit or motor vehicle
			 having three axles carrying liquid petroleum products;
(e) a motor vehicle having three axles and
			 designed and used for hauling refuse.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.07 - Administrative Hearing

Current through Register 1525, July 5, 2024
Any person aggrieved by the denial of a permit or any other
				application or interpretation of
				700 CMR 8.00 affecting his
				permit application may file a written appeal with the Chief Engineer within
				five working days of receipt of said permit denial or other application or
				interpretation of
				700 CMR 8.00. The Department
				shall designate a hearing officer to hear the appeal and render to the Chief
				Engineer a report and recommendation as to the disposition of the appeal. The
				final determination and decision on the appeal shall be made by the Chief
				Engineer.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.08 - Revocation of a Permit

Current through Register 1525, July 5, 2024
(1)
Summary Revocation
. If the Registrar of Motor Vehicles
			 revokes the permit sticker and reducible load permit certificate issued to the
			 owner or lessee for a second or subsequent conviction within 12 months of a
			 violation of M.G.L. c. 90, § 17, 19, or 19A, the Department, upon
			 receiving notification of such action from the Registrar, shall immediately
			 revoke the permit issued for such vehicle to such owner or lessee, and no new
			 permit for such vehicle shall be issued for a period to be determined by the
			 Department but which will be not less than 90 days. A permit shall also be
			 immediately revoked after a conviction for making knowing and willful false
			 statements or vehicle alterations as provided by M.G.L. c. 90, § 19D, or
			 for any other reason provided by law.
(2)
Revocation with a
			 Hearing
. The Department may suspend or revoke, for cause, any
			 permit which it has issued after a prior hearing. In the event of such a
			 revocation the Department shall forthwith notify the Registrar of Motor
			 Vehicles so that the Registrar can revoke the permit sticker and certificate
			 issued to that vehicle. The owner or lessee of the vehicle shall immediately
			 remove the permit sticker from his or her vehicle.
(3)
Surrender upon
			 Revocation
. Upon revocation of any permit or class of permits as
			 provided in
			 700 CMR 8.01(1), or
			 (2), or
			 8.06(1)
			  or any other provisions of
			 700 CMR 8.00 or any law, said
			 permit or permits shall be immediately surrendered to the Department.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.09 - Waiver

Current through Register 1525, July 5, 2024
700 CMR 8.00 or any portion or
				portions thereof may be waived by the Chief Engineer if after consideration of
				the facts involved it is his or her judgment that a particular situation
				warrants such waiver.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.10 - Amendment

Current through Register 1525, July 5, 2024
700 CMR 8.00 may be amended in
				accordance with the applicable provisions of M.G.L. c. 30A.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.11 - Severability

Current through Register 1525, July 5, 2024
If any provision of
				700 CMR 8.00 or the
				application thereof is held to be invalid, such invalidity shall not affect
				other provisions or the application of any part of
				700 CMR 8.00 not specifically
				held invalid, and to this end the provisions of
				700 CMR 8.00 and the various
				applications thereof are declared to be severable.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.13 - Attachment B: tandard Permit Parameters Reducible Loads

Current through Register 1525, July 5, 2024
The following diagram shows permissible gross loading, axle
				spacing, vehicle widths and number of tires for vehicles with three, four and
				five or more axles. For vehicles with greater gross loadings or lesser axle
				spacing, greater or lesser widths or lesser numbers of tires, the applicant
				shall provide any such additional information as the Department may request.
				When said additional information is requested by the Department, additional
				time may be required to analyze and evaluate the effect of these vehicles and
				loads on bridges, structures and pavement.
Click
				here to view image
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.14 - Attachment C: Diagram of Motor Vehicle and Trailer

Current through Register 1525, July 5, 2024
Click
				to view image
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.15 - When a Permit for a Vehicle Trailer Combination Reducible Load is Required

Current through Register 1525, July 5, 2024
A permit is required for a trailer to operate in combination
				with a motor vehicle for transport of reducible loads when such trailer with
				its load weighs more than 5,000 pounds.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 8.00 - Permitting, Operation, And Transport Of Overdimensional Loads And Certain Vehicle Trailer Combinations On Certain Massachusetts Department Of Transportation Roadways › Section 8.16 - Approval or Disapproval of Vehicle Trailer Combination Reducible Load Permit Applications

Current through Register 1525, July 5, 2024
Subject to the provisions of
				700 CMR
				8.08, the approval or disapproval of Permits
				may be delegated to any District Highway Director and/or Permits Engineer of
				the Department.
				700 CMR 8.00 sha ll serve as
				guidelines in making determinations on permit applications.
Permits will be issued on an annual basis unless otherwise
				indicated on the permit, but the Department specifically reserves the right to
				revoke any Permit or class of Permits, notwithstanding any expiration date
				contained on the Permit to the contrary, when it its judgment and discretion
				public safety or sound engineering judgment warrant.
No permit will be granted for a weight in excess of the weight
				for which said motor vehicle or trailer is registered (which includes the
				Massachusetts registered weight listed on an IRP cab card) or in excess of its
				gross vehicle weight rating, or in excess of its gross combination weight
				rating; provide, however, that in accordance with the provisions of M.G.L. c.
				85, § 30A, a Permit may be issued to allow the operation of a motor
				vehicle or trailer for a weight in excess of the weight for which such vehicle
				is registered if such motor vehicle or trailer is owned or leased by a carrier
				not domiciled in Massachusetts and is travelling in Massachusetts on an IRP
				trip permit. In connection with the issuance of a Permit to a motor vehicle or
				trailer owned or leased to a carrier that is not domiciled in Massachusetts and
				is traveling on an IRP trip permit, the Department may collect a reasonable fee
				therefore based upon the difference between the weight for which the Permit is
				issued and the weight for which the vehicle is registered, but in no event
				shall the fee exceed the registration fee that would be collected from a
				carrier domiciled in Massachusetts to register a motor vehicle or trailer for
				such weight differential.
Permits will only authorize travel on specifically designated
				state highways or ways determined by the Department to be through routes which
				have bridges, structures and pavements of a capacity sufficient to indicate
				that they will be able to safely support vehicles of these weights on the
				aforesaid number of axles. These specifically designated ways are enumerated in
				700
				CMR 8.12 which is incorporated in and made a
				part of
				700 CMR 8.00; provided,
				however, these Permits for travel over the designated ways do not under any
				circumstances allow travel over bridges which are posted for a weight which is
				less than the gross vehicle weight together with load which is then being
				carried.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 9.00 - Driving on State Highways › Section 9.03 - Parking

Current through Register 1525, July 5, 2024
(1)
Restricted Places
. No person shall stand or park any
			 vehicle in any street, way or highway under the control of the Department and
			 no person shall allow, permit or suffer any vehicle registered in their name to
			 stand or park in any street, way or highway under the control of the Department
			 in violation of any rules of the Department and in particular in any of the
			 following places except when necessary to avoid conflict with other traffic or
			 in compliance with the direction of a police officer or traffic sign or signal.
(a) Within a crossover.
(b) Within an intersection.
(c) Upon any sidewalk.
(d) Upon any crosswalk.
(e) Upon the roadway in a rural or sparsely
			 settled district.
(f) Upon the
			 roadway in a business or residential district where parking is permitted unless
			 both wheels on the right side of the vehicle are within twelve inches of the
			 curb or edge of the roadway, except where angle parking is permitted.
(g) Upon any roadway where the parking of a
			 vehicle will not leave a clear and unobstructed lane 12' wide in each direction
			 for passing traffic.
(h) Upon any
			 highway within twenty feet of an intersecting way, except alleys.
(i) Upon any highway within ten feet of a
			 fire hydrant.
(j) Upon or in front
			 of any private road or driveway without the consent of the owner of said road
			 or driveway.
(k) Upon any street or
			 highway where the parking of a vehicle will obstruct or hide from view any
			 traffic control signal provided signs are erected notifying of such regulation
			 or restriction.
(l) Upon a safety
			 rest area those vehicles left unattended for more than 30 consecutive minutes
			 provided signs are posted notifying of such restrictions.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 9.00 - Driving on State Highways › Section 9.05 - One-Way and Rotary Traffic

Current through Register 1525, July 5, 2024
(1)
One-Way
. Upon those highways designated by the
			 Department for one-way traffic, and sign-posted for the same, no driver shall
			 proceed except in the direction indicated by such signs.
(2)
Rotary Traffic
.
			 Within areas specified and posted by the Department for rotary traffic,
			 operators shall proceed only in a rotary counter-clockwise direction, except
			 when otherwise directed by a police officer.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 9.00 - Driving on State Highways › Section 9.06 - Operation of Vehicles

Current through Register 1525, July 5, 2024
(1)
Drive Within Marked Lanes
. When any roadway is divided
			 into lanes, the driver of a vehicle shall so drive that the vehicle shall be
			 entirely within a single lane, and they shall not move from the lane in which
			 they are driving until they have first ascertained if such movement can be made
			 with safety.
(2)
Use
			 Right Lane
. Upon all roadways the driver of a vehicle shall drive
			 in the lane nearest the right side of the roadway when said lane is available
			 for travel, except when overtaking another vehicle or when preparing for a left
			 turn.
(3)
Overtaking
			 Other Vehicles
. The driver of any vehicle overtaking another
			 vehicle proceeding in the same direction shall pass at a safe distance to the
			 left thereof, and shall not cut in ahead of such other vehicle until safely
			 clear of it.
(4)
Overtake Only When There is a Space Ahead
. The driver
			 of a vehicle shall not overtake and pass a vehicle proceeding in the same
			 direction unless there is sufficient clear space ahead on the right side of the
			 roadway to permit the overtaking to be completed without impeding the safe
			 operation of any vehicle ahead or without causing the driver of any such
			 vehicle to change their speed or alter their course, except as provided in 700
			 CMR 9.06(5).
(5)
Vehicle Being Passed
. Subject to the provisions of
			 M.G.L. c. 89, § 2, the driver of a vehicle when about to be overtaken and
			 passed by another vehicle approaching from the rear shall give way to the right
			 when practicable in favor of the overtaking vehicle, on suitable and visible
			 signal being given by the driver of the overtaking vehicle, and shall not
			 increase the speed of their vehicle until completely passed by the overtaking
			 vehicle.
(6)
Obstructing Traffic
.
(a) No person shall drive in such a manner as
			 to obstruct unnecessarily the normal movement of traffic upon any highway.
			 Officers are hereby authorized to require any driver who fails to comply with
			 700 CMR 9.06(6) to drive to the side of the roadway and wait until such traffic
			 as has been delayed has passed.
(b)
			 Subject to the provisions of M.G.L. c. 89, § 11, no driver shall enter an
			 intersection or a marked crosswalk unless there is sufficient space on the
			 other side of the intersection or crosswalk and on the right half of the
			 roadway to accommodate the vehicle they are operating without obstructing the
			 passage of other vehicles or pedestrians, notwithstanding any traffic control
			 signal indication to proceed.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 9.00 - Driving on State Highways › Section 9.07 - Exemptions

Current through Register 1525, July 5, 2024
(1)
Exemptions
. The provisions of
			 700 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
			 700 CMR
			 9.00, to officers when engaged in the performance of
			 public duties which necessitates a departure from any part of
			 700 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
			 700 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
			 700 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.
(2)
Owner Prima Facie Responsible for Violations
. If any
			 vehicle is found upon any street or highway in violation of any provision of
			 700 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 willfully 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
			 700 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
			 700
			 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
			 700 CMR
			 9.00 shall be punished as provided in M.G.L. c. 90,
			 § 20A 1/2. 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.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 9.00 - Driving on State Highways › Section 9.08 - Limited Access and Express State Highways

Current through Register 1525, July 5, 2024
(1)
Effect of
			 700 CMR
			 9.00
. 700 CMR 9.08(2) shall be effective
			 on all limited access State Highways and express state highways where official
			 signs have been posted prohibiting bicycles, pedestrians and/or horsedrawn
			 vehicles.
(2)
Limited
			 Access and Express State Highway Regulations
.
(a)
Horsedrawn
			 Vehicles
. No person shall ride or drive a horse or a horsedrawn
			 vehicle within the limits of or on any portion of any highway where official
			 signs have been erected at the approaches of said highway prohibiting such
			 traffic.
(b)
Bicycles
. No person shall operate or ride a bicycle
			 within the limits of or on any portion of any highway where official signs have
			 been erected at the approaches of said highway prohibiting such
			 traffic.
(c)
Pedestrians
. No person shall use any highway for
			 pedestrian or foot traffic purposes except in emergency, where official signs
			 have been erected at the approaches of said highway prohibiting such
			 traffic.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 9.00 - Driving on State Highways › Section 9.09 - Pedestrian Regulations

Current through Register 1525, July 5, 2024
(1)
Pedestrians Crossing Ways or Roadways
. Pedestrians
			 shall obey the directions of police officers directing traffic and whenever
			 there is an officer directing traffic, a traffic control signal or a marked
			 crosswalk within 300 feet of a pedestrian, no such pedestrian shall cross a way
			 or roadway except within the limits of a marked crosswalk and as hereinafter
			 provided in
			 700 CMR
			 9.00.
(2)
Pedestrian Actuation
.
(a) At a traffic control signal location
			 where pedestrian indications are provided but which are shown only upon
			 actuation by means of a pedestrian push button, no pedestrian shall cross a
			 roadway unless or until the pedestrian control signal push button has been
			 actuated and then cross only on the proper pedestrian signal indication. At
			 traffic control signal locations where no pedestrian indication is provided,
			 pedestrians shall cross only on the green indication. If necessary, the green
			 indication shall be actuated by the pedestrian by means of a push
			 button.
(b) At a traffic control
			 signal location, pedestrians shall yield the right of way to vehicles of a
			 funeral or other procession or authorized emergency vehicle while in
			 performance of emergency duties regardless of the signal indication given, and
			 they shall not attempt to cross the roadway until such vehicles or procession
			 has passed at which time pedestrians shall then cross the roadway only as
			 provided in
			 700 CMR
			 9.00.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 11.00 - Maurice J. Tobin Memorial Bridge › Section 11.01 - Introduction

Current through Register 1525, July 5, 2024
(1)
General
.
			 700 CMR 11.00 contain the
			 terms and conditions under which persons and operators of motor vehicles shall
			 be permitted upon the Tobin Memorial Bridge.
(2)
Applicability
.
			 700 CMR 11.00 shall apply to
			 all Operators of Motor Vehicles and Persons who use the Tobin Memorial
			 Bridge.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 11.00 - Maurice J. Tobin Memorial Bridge › Section 11.04 - EZDriveMA Toll Collection

Current through Register 1525, July 5, 2024
(1)
EZDriveMA System
. The Department establishes the terms
			 and conditions governing the use of the EZDriveMA system and requires that all
			 users of the EZDriveMA system accept these terms and conditions. The EZDriveMA
			 system is comprised of E-ZPass MA and Pay By Plate.
(2)
Use of the EZDriveMA
			 System
. No person may use or attempt to use the Department's
			 EZDriveMA system unless:
(a) the vehicle
			 driven is properly registered with the RMV/DMV;
(b) the vehicle license plate number,
			 jurisdiction, and other identifying characters on the license plate are all
			 clearly visible at all times and the license plate(s) is/(are) unobstructed and
			 mounted in compliance with M.G.L. c. 90, § 6; and
(c) the person agrees to adhere to all laws,
			 regulations and terms and conditions governing the use of the Tobin Memorial
			 Bridge and the EZDriveMA system.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 13.00 - Approval of Access to Massachusetts Department of Transportation Highways and Other Property › Section 13.01 - Scope, Objective, and Use of MassDOT Property

Current through Register 1525, July 5, 2024
(1) MassDOT may issue Standard Operating
			 Procedures to implement
			 700 CMR 13.00.
(2)
Scope and
			 Intent
.
			 700 CMR 13.00 is intended to
			 provide evaluation criteria concerning requests to enter and/or use MassDOT
			 property or MassDOT Interests and to establish a procedure for review, approval
			 and processing of such requests.
			 700 CMR 13.00 applies broadly
			 to three types of Permit applications to MassDOT:
(a) Vehicular Access Permits;
(b) Non vehicular Access Permits;
			 and
(c) Small Wireless Facility
			 Permits.
Applications for Vehicular Access Permits are intended to
				benefit from the expedited Permit review features contained in
				700 CMR 13.03(5) and
				(6), as well as to the procedures for
				administrative appeals,
				700 CMR
				13.05(7), as the grant or
				denial of such Permits may affect the rights of specific Persons. Applications
				for Non-vehicular, and Small Wireless Facility Access Permits will not be
				subject to administrative appeals, unless otherwise provided for under any
				applicable state law or regulation, as there is no right to conduct the
				activities for which such Permits are sought on the State Highway Layout (SHLO)
				or other MassDOT property. In cases where a particular Project or activity may
				seek both vehicular and non vehicular access, separate and distinct Permit
				applications should be filed.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 13.00 - Approval of Access to Massachusetts Department of Transportation Highways and Other Property › Section 13.04 - Criteria for Review of Applications

Current through Register 1525, July 5, 2024
(1)
Review of Engineering Plans
. The District Highway
			 Director shall require that engineering plans and specifications provide for
			 safe and efficient access, which protects the operational integrity of the
			 MassDOT roadway or property. Plan review and approval shall be based on the
			 standards in the most recent Manual on Uniform Traffic Control Devices (MUTCD),
			 including the most recent Massachusetts Amendments, MassDOT's Project
			 Development and Design Guide or its successor, MassDOT's Standard
			 Specifications for Highways and Bridges, and any then current technical
			 policies or engineering directives, or other manuals and design guides issued
			 by MassDOT. For Drainage Tie-in applications, all plans and documents shall
			 follow MassDOT's Drainage Tie-in Standard Operating Procedures, as may be
			 amended from time to time.
(2)
Permit Conditions
. The District Highway Director shall
			 condition a Permit to facilitate safe and efficient traffic operations, to
			 mitigate traffic impacts, to address aesthetic considerations, and to avoid or
			 minimize environmental damage during the construction period and throughout the
			 term of the Permit. Such conditions may include, but not be limited to:
(a) Necessary limitations on turning
			 movements;
(b) Necessary measures
			 to ensure the safety of pedestrians, motorists, and those engaged in the
			 Project, work or activity contemplated under the Permit;
(c) Restrictions on or requirements for the
			 number and configuration of access points to serve the land parcel;
(d) Vehicle trip reduction techniques to be
			 implemented for the development;
(e) Necessary and reasonable efforts to
			 maintain existing levels of service;
(f) Design and construction of necessary
			 highway improvements by the Permittee;
(g) Prescribed restoration measures to ensure
			 the roadway, pavement markings, shoulder, traffic control devices, signs,
			 guardrail, and all impacted highway devices and appurtenances are returned to a
			 condition better or equal to the condition prior to commencement of the
			 permitted work.
(h) Reimbursement
			 by the Permittee of costs of MassDOT inspection of highway improvement
			 work;
(i) The requirements of the
			 Section 61 Finding of MassDOT, including the implementation of Transportation
			 Demand Management measures and Transportation Monitoring Program, where
			 applicable; and
(j) The
			 requirements of the UAP, where applicable.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 13.00 - Approval of Access to Massachusetts Department of Transportation Highways and Other Property › Section 13.05 - Access Permit Provisions

Current through Register 1525, July 5, 2024
(1)
Duration of Permits
.
(a)
Construction
.
			 Construction of the proposed Project, work, or activity within the State
			 Highway Layout under the terms of a Permit must be completed within one year of
			 the date of issue, unless otherwise stated in the Permit. The District Highway
			 Director may extend the Permit by an additional one year up to a maximum of
			 five years from the issuance of the original Permit, upon written request of
			 the Applicant or Permittee, provided said request is filed prior to the
			 expiration of the original Permit. Extension requests beyond an expiration date
			 may require a new Permit application and associated fee. The decision to extend
			 or issue a new Permit will be based, in part, on the lapse of time, project
			 location, subsequent changes in MassDOT-highway standards, specifications,
			 policies, practices and regulations and will be at the sole discretion of the
			 District Highway Director.
(b)
Use
. Permits upon issuance shall allow ingress to the
			 property served and egress to the MassDOT property for an indefinite period,
			 but a new Permit shall be required when:
1.
			 More than one year has lapsed between the date of issuance of a Permit, and the
			 start of construction or the use or facility, unless an extension has been
			 granted pursuant to 700 CMR 13.05(1)(a);
2. Constructing, reconstructing, maintaining,
			 replacing, relocating, repairing, improving or expanding an existing facility
			 on the property served, which results in a Substantial Increase in or Impact on
			 Traffic, or drainage
(e.g.,
parking lot expansion), on the
			 State Highway Layout or other MassDOT property;
3. Constructing a new access or modifying an
			 existing permitted access;
4. A
			 Drainage Tie-in discharge to MassDOT's system is deemed by the District Highway
			 Director to cause or contribute to the impairment of a receiving water body; or
			 5. When a Permit would otherwise be required based on
			 700 CMR 13.00.
6. Noncompliance with the Section 61 Findings
			 requirement, including the Transportation Demand Management measures and the
			 project Transportation Monitoring Program.
7. A new access permit application and fee
			 will be required if the applicant has not acted in good faith or otherwise
			 demonstrated progress through the design process within two years of the
			 original application submission.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 13.00 - Approval of Access to Massachusetts Department of Transportation Highways and Other Property › Section 13.06 - Permit Fees

Current through Register 1525, July 5, 2024
(1)
Fees
			 and Costs
. MassDOT may charge fees to cover costs typically
			 incurred in processing, reviewing and accommodating requests to enter upon or
			 use MassDOT property:
(a)
Application Fee
. An Applicant shall pay the fee as
			 indicated on the Permit application.
(b)
Maintenance and Equipment
			 Fee
. MassDOT may charge a fee based on the actual cost of
			 maintenance and equipment costs incurred to review the application or provide
			 oversight and site inspection during the post-issue and sign-off
			 process.
(c)
Engineering Costs
. MassDOT may charge a fee based on
			 the actual costs of the technical and engineering review of detailed drawings
			 and specifications.
(d)
State Police Details
. The Applicant or their designee
			 shall be responsible for the costs and fees associated with required State
			 Police details and shall be responsible for the ordering of such police
			 details.
(e)
Event and
			 Filming and Photography Fees
. MassDOT may charge fees to cover the
			 actual costs incurred in addition to those covered by other applicable fees to
			 accommodate requests for events and requests to film, videotape or photograph
			 on MassDOT property.
(f)
BMP inspection Fee
. MassDOT may charge a fee to cover
			 the costs for the inspection of stormwater BMPs upstream of a Drainage
			 Tie-in.
(g)
Tree
			 Removal/Trimming Mitigation
. Where an applicant proposes to
			 perform tree trimming or removal for an approved purpose, MassDOT may require
			 the applicant to reimburse the Agency for the value of the vegetation
			 removed.
(h) MassDOT will consider
			 requests for expedited reviews when they have the capacity to accommodate such
			 requests, and in accommodating such requests, existing applications are not
			 unduly delayed at the expense of fulfilling the request. MassDOT may impose
			 additional fees when an applicant requests an expedited review. The assessed
			 fee will be commensurate with the original permit fee and the design stage
			 being expedited - 25% Review (20% of original fee), 75/100% (15% of original
			 fee), PS&E (15% of original fee). Expedited reviews will be completed in
			 half the time provided under
			 700 CMR
			 13.03. The fee will be assessed upon
			 MassDOT's completion of the review within the given time period. Advancement or
			 issuance of the permit will not commence until payment has been submitted by
			 the applicant.
(i)
Other Fees and Costs
. For unique requests or
			 exceptional uses of MassDOT property, MassDOT may charge specialized fees and
			 costs in addition to, or in
lieu
of, any or all of the above
			 items based on specific circumstances or to recoup the anticipated costs to be
			 incurred by MassDOT.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 13.00 - Approval of Access to Massachusetts Department of Transportation Highways and Other Property › Section 13.07 - Miscellaneous

Current through Register 1525, July 5, 2024
(1)
Transition
. Any Permit application or submission as
			 part of a Permit application shall be governed under the procedures in effect
			 at the time of submission.
(2)
Severability
. The provisions of
			 700 CMR 13.00 shall be deemed
			 severable. If any of its provisions shall be held to be invalid or
			 unconstitutional by any court of competent jurisdiction, the remaining
			 provisions shall continue in full force and effect.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors › Section 14.01 - Definitions

Current through Register 1525, July 5, 2024
(1) Applicable to
			 700 CMR 14.00
et seq.
:
Administrator
, shall mean the
				administrator of the highway division as defined in M.G.L. c. 6C, §37. The
				Administrator shall from time to time issue necessary rules and directives to
				carry out the intent of M.G.L. c. 81, § 8B.
Chief Engineer
, shall mean the chief
				engineer appointed pursuant to M.G.L. c. 6C, § 39(b).
Department
, shall mean the
				Massachusetts Department of Transportation, established under M.G.L. c. 6C,
				§ 1 et seq.
Division
, shall mean the division of
				highways, as constituted under M.G.L. c. 6C, §§ 37 to 51.
Other Awarding Authority
, shall mean
				any city, town, or awarding authority in the Commonwealth, other than the
				Department, that requires bidders to be prequalified in accordance with M.G.L.
				c. 81, § 8B in order to bid on a project, such as projects
(1) that include State Funding Program
			 participation,
(2) that include
			 work within a State Highway Right of Way regardless of funding sources,
			 and
(3) that otherwise require
			 prequalification as a condition of award.
Prequalification Appeal Board
, shall
				mean the appeal board authorized to hear appeals of decisions or determinations
				of the prequalification committee pursuant to M.G.L. c. 81, § 8B.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors › Section 14.02 - Application for Prequalification of Contractors

Current through Register 1525, July 5, 2024
(1)
General
. Any
			 Contractor proposing to bid on work under the direction of the Department or
			 Other Awarding Authority for which prequalification is required, must furnish
			 for approval by the Prequalification Committee a statement on forms provided by
			 the Department setting forth its Aggregate Bonding and Single Bonding Capacity,
			 financial information, adequacy of plant and equipment, organization,
			 experience and any other pertinent facts as required.
(2)
Confidentiality
.
			 All information furnished in any statement or Application for Prequalification
			 by a Contractor shall be held in strict confidence by the Department and its
			 agents, and shall be used only to determine the Contractor's Aggregate Bonding
			 Capacity, Single Contract Limit(s) and the Class(es) of Work it shall be
			 entitled to undertake in accordance with 700 CMR 14.00. No information
			 contained in any such statement or Application for Prequalification shall be
			 imparted or disclosed to any other person without the written consent of the
			 Contractor.
(3)
Out-of-State Contractors
. All out-of-state Contractors
			 must show proof of current registration with the Secretary of State by
			 submitting a Certificate of Good Standing (Foreign Corporate Certificate) to do
			 business in Massachusetts.
(4)
Joint Ventures
.
(a)
			 Subject to the following provisions, two or more Contractors (Joint Ventures)
			 may combine for occasional bidding purposes, by submitting a joint bid:
1. All Joint Ventures must be
			 prequalified.
2. At least one of
			 the Joint Venturers must be Prequalified in the class of work specified in the
			 contract documents.
3. The Single
			 Contract Limit of each Joint Venturer may be combined to establish the Single
			 Contract Limit of the Joint Venture. The Single Contract Limits can only be
			 combined when they are in the same class of work.
4. The Aggregate & Single Bonding
			 Capacity of each Joint Venturer may be combined to establish the Aggregate
			 & Single Bonding Capacity of the Joint Venture.
5. The Department shall require submission of
			 a copy of the Joint Venture agreement or other information deemed
			 necessary.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors › Section 14.04 - Proposal Forms and Limitation of Proposals for Contractors

Current through Register 1525, July 5, 2024
(1)
Plans and
			 Specifications
. The Notice to Contractors, Instructions to
			 Bidders, or Advertisement for Bids shall specify the location where plans and
			 specifications are available.
(2)
Limitation of Proposals
. Except for projects for which
			 Prequalification is not required, an Official Proposal Document for a project
			 with a Project Value greater than or equal to $50,000 shall only be issued to
			 Contractors that have been prequalified by the Prequalification Committee prior
			 to the time of the bid opening, subject to the following:
(a) Prequalification must be in the specified
			 class of work for said proposal and any Single Contract Limit in that specified
			 class of work must be in an amount greater than or equal to the Project Value
			 of the proposal.
(b) The Project
			 Value for the proposal when added to the Contractor's incomplete work must not
			 exceed the Aggregate Bonding Capacity established by the bidder's surety
			 company and the Contractor must otherwise be in compliance with 700 CMR
			 14.00.
(c) If a Contractor is
			 prequalified in the class of work for which a project is being bid, but the
			 Project Value is above a Contractor's Single Contract Limit in that class of
			 work, the Contractor may request and the Prequalification Committee may grant
			 in its sole discretion a waiver to bid on the project if the Contractor's
			 Single Bonding Capacity is above the Project Value.
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors › Section 14.06 - Recommendations for Rejection of Bids

Current through Register 1525, July 5, 2024
(1)
Procedure
. The Prequalification Committee may
			 recommend that the Department or Other Awarding Authority reject the
			 Contractor's bid if the Prequalification Committee determines that:
(a) Award of the contract would result in the
			 Contractor exceeding the Bond Capacity established by its Surety Company, or
			 the Contractor's bid exceeds its Single Contract Limit. In such circumstances,
			 the Contractor's bid shall be rejected, but its prequalification status shall
			 not be otherwise modified or revoked; or
(b) The Contractor is presently debarred from
			 performing work of any kind under the provisions of M.G.L. c. 29, § 29F,
			 or any other applicable debarment provisions of the Massachusetts General Laws,
			 or any rule or regulation promulgated thereunder; or
(c) The Contractor is presently debarred from
			 performing work of any kind under laws of any state other than the Commonwealth
			 of Massachusetts, or by any Federal agency or authority; or
(d) The Contractor's performance on past or
			 current work with the Department or any other awarding authorities is or has
			 been unsatisfactory; or
(e) On
			 current projects of the Department or other public authorities the Contractor
			 fails to pay its subcontractors or material suppliers in a timely manner;
			 or
(f) Multiple subcontractors of
			 the Contractor for any projects currently under construction have, within any
			 12-month period, filed demands for direct payment with the Department in
			 accordance with M.G.L. c. 30, § 39F and such demands have been determined
			 by the Department to have merit; or
(g) The Contractor is not otherwise an
			 eligible and responsible bidder capable of performing the work including, but
			 not limited to, any of the factors listed in 700 CMR
			 14.05(1).
Code of Massachusetts Regulations › 700 CMR - DEPARTMENT OF TRANSPORTATION › Title 700 CMR 14.00 - Prequalification of Contractors and Subcontractors › Section 14.07 - Review of Prequalification Committee Decisions for Contractors

Current through Register 1525, July 5, 2024
(1) Review of
			 Determination of the Prequalification Committee. A Contractor or prospective
			 bidder who is aggrieved by a decision or determination of the Prequalification
			 Committee may make a written request for informal review or a formal hearing by
			 the Prequalification Appeal Board.
(2)
Informal Review
.
			 The Prequalification Committee may request a Contractor's presence at an
			 informal review at any time in its discretion. Also, a Contractor may request
			 an informal review by the Prequalification Committee. In such request, the
			 Contractor shall state the reasons for its request for an informal review. The
			 Contractor's right to an informal review shall be in addition to its right to a
			 formal hearing.
(3)
Formal Hearing
. A request for a formal hearing before
			 the Prequalification Appeal Board shall be filed in writing, by certified mail,
			 within 15 days after receiving notice of the subject decision or determination,
			 in accordance with M.G.L. c. 81, § 8B. The Prequalification Appeal Board,
			 or its designee(s), shall conduct a hearing without delay and render a
			 decision. The decision or determination of the Prequalification Committee shall
			 remain in effect until the Prequalification Appeal Board renders a decision in
			 writing on the appeal. The decision of the Prequalification Appeal Board shall
			 be final and binding, subject to the right of the Contractor to a judicial
			 review under the applicable provisions of M.G.L. c. 30A.