Code of Massachusetts Regulations › 540 CMR - REGISTRY OF MOTOR VEHICLES › Title 540 CMR 2.00 - Motor Vehicle Regulations › Section 2.06 - Requirements for Driver (Operator) Licenses, Learner Permits and Identification Cards

Current through Register 1525, July 5, 2024
(1)
Purpose, Scope and Applicability
.
			 540
			 CMR 2.06 is adopted by the Registrar of Motor
			 Vehicles pursuant to M.G.L. c. 6C, § 56, c. 90, §§ 8, 8B, 8E and
			 31, and c. 90F, §§ 6 and 8 to establish uniform rules governing the
			 issuance and use of, licenses to operate a motor vehicle, or learner's permits,
			 identification cards and licenses and learner's permits to operate a commercial
			 motor vehicle. "CFR" references are to the "Code of Federal
			 Regulations."
(2)
Definitions
.
(a) The
			 definitions in M.G.L. c. 90, § 1 shall apply to
			 540
			 CMR 2.06. With regard to Commercial Driver's
			 License (CDL) matters, the definitions in M.G.L. c. 90F, § 1 shall also
			 apply. If a definition in M.G.L. c. 90, 90F or
			 540
			 CMR 2.06 is inconsistent with the definition
			 in 49 CFR Part 383, the definition in 49 CFR Part 383 shall apply.
(b) The following definitions are also used
			 in 540 CMR 2.06:
Birth Certificate
.
1. An original birth certificate or certified
			 copy of the original birth certificate issued by a state or territory of the
			 United States or any other jurisdiction; or
2. A record of birth issued by the State
			 Office of Vital Records or the equivalent agency in the applicant's state of
			 birth.
CDL
. A Commercial Driver's License
				issued in accordance with the standards contained in 49 CFR Part 383 and M.G.L.
				c. 90F, §§ 6 and 8 which authorizes an individual to operate a class
				of Commercial Motor Vehicle.
CMV
. Commercial Motor Vehicle as
				defined in M.G.L. c. 90F, § 1 for which a CDL is required to
				operate.
Compliant
. A license or identification
				card that meets federal REAL ID standards and can be used for federal
				identification.
Credential
. For purposes of
				205 CMR
				2.00, wherever the word "credential" appears it shall
				refer to either a REAL ID Massachusetts Driver's License or Identification Card
				or a Standard Massachusetts Driver's License or Identification Card
Digital Image
. A digital (photo) image
				of the face of the holder of the driver's license or identification
				card.
Driver's (Operator) License
. An
				original, renewal or duplicate license to operate a motor vehicle as issued by
				the Registrar under M.G.L. c. 90 or c. 90F in Class A, B, C, (Commercial
				licenses); D (Passenger vehicle license); or M (Motorcycle license). It
				includes a temporary license in any Class. A Class D license may be used to
				operate a motorized bicycle or a motorized scooter. A license in any Class may
				contain restrictions and/or endorsements. Driver Licenses are of two types: A
				driver's (operator) license is issued in REAL ID compliant and Standard
				Massachusetts versions.
1. REAL ID
			 Massachusetts Driver's License, as defined in M.G.L. c. 90, § 1, is a
			 driver's license of any Class containing a digital image of the person to whom
			 the license was issued, meets federal REAL ID standards and can be used for
			 federal identification purposes.
2.
			 Standard Massachusetts Driver's License, as defined in M.G.L. c. 90, § 1,
			 is a driver's license of any Class containing a digital image of the person to
			 whom the license was issued but does not meet federal REAL ID standards and
			 cannot be used for federal identification purposes.
FHWA
. Federal Highway
				Administration.
FMCSA
. Federal Motor Carrier Safety
				Administration
Full Legal Name
. An applicant's first,
				middle and last name or surname, and suffix if applicable, without the use of
				titles, initials or nicknames.
Identification Card
. An identification
				card issued to the person named in the document and issued under M.G.L. c. 90,
				§ 8E. Identification cards are issued in REAL ID compliant and
				Massachusetts versions.
1. REAL ID
			 Massachusetts Identification Card, as defined in M.G.L. c. 90, § 1, is an
			 identification card containing a digital image of the person to whom the ID
			 card was issued and meets federal REAL ID standards and can be used for federal
			 identification purposes.
2.
			 Standard Massachusetts Identification Card, as defined in M.G.L. c. 90, §
			 1, is an identification card containing a digital image of the person to whom
			 the ID card was issued but does not meet federal REAL ID standards and cannot
			 be used for federal identification.
Lawful Presence
. As defined in M.G.L.
				c. 90, § 1:
1. persons who have
			 lawful status in the United States; or
2. documentation of lawful presence in the
			 United States satisfactory to the Registrar, in consultation with the United
			 States Department of Homeland Security (DHS).
Lawful Status
. A person in lawful
				status is a citizen or national of the United States; or an alien:
1. lawfully admitted for permanent or
			 temporary residence in the United States;
2. with conditional permanent resident status
			 in the United States;
3. who has an
			 approved application for asylum in the United States or has entered into the
			 United States in refugee status;
4.
			 who has a valid nonimmigrant status in the United States;
5. who has a pending application for asylum
			 in the United States;
6. who has a
			 pending or approved application for temporary protected status (TPS) in the
			 United States;
7. who has approved
			 deferred action status; or
8. who
			 has a pending application for lawful permanent residence (LPR) or conditional
			 permanent resident status.
Learner's Permit
. A restricted permit,
				issued under M.G.L. c. 90, § 8B, that allows a learning driver to operate
				a passenger motor vehicle (Class D) and also allows a person to operate a
				motorized bicycle or a motorized scooter; a restricted permit, also issued
				under M.G.L. c. 90, § 8B, that allows a learning rider to operate a
				motorcycle (Class M). A Class M permit can only be renewed after expiration if
				the applicant passes a new written test and has taken (and failed) at least one
				driving test while the original permit was valid. If an applicant for a renewal
				of his Class M permit fails two driving tests he must successfully complete a
				course of study at a rider training school approved by the Registrar before
				being able to schedule another driving test. Class M and Class D learner's
				permits may have a period of validity of up to two years, but, in the case of a
				REAL ID-compliant credential, may be issued for a lesser period to coincide
				with the date by which the applicant is required to depart the United States;
				or a restricted permit issued under M.G.L. c. 90F, §§ 6 and 7 that
				allows a learning driver to operate commercial motor vehicles in Class A, B or
				C. A Class A, B, or C permit is issued for a period of 180 days, but may be
				renewed for an additional like period without re-testing. A learner's permit
				contains a digital image of the person to whom the permit was issued. A
				learner's permit, in any Class, is a paper document, does not meet federal REAL
				ID standards and cannot be used for federal identification.
Limited Term License or Limited Term Identification
				Card
. A REAL ID-compliant Driver's License of any class, Standard
				Massachusetts CDL, or Identification Card issued to a person and which expires
				at:
(a) The expiration date of the
			 applicant's authorized stay in the United States; or
(b) If there is no definite end to the period
			 of authorized stay, no longer than one year from the date of issue.
Liquor Purchase Identification Card
.
				An identification card issued by the Registrar under authority of M.G.L. c.
				138, § 34B that may be issued to a person who is 21 years of age or older
				and who does not hold a valid Massachusetts driver's license issued by the
				Registrar and containing a digital image of the person to whom it was issued.
				Such identification card does not meet federal REAL ID standards and cannot be
				used for federal identification.
Nondomiciled Commercial Driver's License
				(CDL)
. A CDL issued to:
(a) an individual domiciled in a foreign
			 country other than Mexico or Canada, who has complied with the testing and
			 licensing standards required for CDL drivers; or
(b) an individual domiciled in another state
			 while that state is prohibited from issuing CDLs, who has complied with the
			 testing and licensing standards required for CDL drivers.
Nonresident
. As defined in M.G.L. c.
				90, § 1, any person whose legal residence is not within the
				Commonwealth.
Out-of-Service Order
. A declaration by
				an authorized enforcement officer of a federal, state, Canadian, Mexican or
				local jurisdiction that a driver, a commercial motor vehicle, or a motor
				carrier operation is out-of-service pursuant to
				49 CFR Parts
				386.72,
				392.5,
				395.13,
				396.9, or any compatible law, or
				the North American Uniform Out-of-Service Criteria, as provided in M.G.L. c.
				90F, § 1.
REAL ID Massachusetts Driver's License or
				Identification Card
. For purposes of
				540 CMR
				2.00, means that a driver's license or identification
				card has been issued by a state certified by U.S.D.H.S. to be in compliance
				with the requirements of the federal REAL ID Act and which driver's license or
				identification card meets the standards in
				6 CFR §
													37, including a limited term driver's license
				or identification card issued under
				6 CFR §
													37.21. REAL ID Massachusetts Driver's License
				or Identification Card is suitable for federal identification purposes.
REAL ID Standards
. Standards required
				by the federal REAL ID Act of 2005,
				49 U.S.C.
				30301, and established by the U.S.D.H.S. in
				federal regulations at 6 CFR
				§
													37.
SSA
. The United States Social Security
				Administration.
SSN
. A Social Security Number assigned
				by the Social Security Administration to a specific individual.
Source Document
. The original or a
				certified copy of document acceptable to the Registrar that is submitted by an
				applicant for an operator's license or identification card.
State
. A state of the United States,
				the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa
				and the Commonwealth of the Mariana Islands.
U.S.D.H.S
. The United States
				Department of Homeland Security; also known as
				DHS.