Mass. Gen. Laws ch. 90 § 19D

Current through Chapter 231 of the 2024
Section 90:19D - Permit stickers; issuance; application; certificate of gross vehicle weight rating; violations; penalties

Except for special permits for the carrying of so-called irreducible loads, for which permit stickers shall not be required, the registrar shall issue to the owner or lessee of a motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit for which a permit, other than a special permit for the carrying of so-called irreducible loads, has been issued under the provisions of sections thirty and thirty A of chapter eighty-five, a permit sticker to be affixed to the upper center portion of the windshield, or in case of a trailer or a semi-trailer to the lower right front, upon the payment by such owner or lessee of the fee provided in section thirty-three of chapter ninety; provided that such owner or lessee shall have filed with the registrar the written approval of the commissioner of highways of his application for such permit, together with a certificate of the gross vehicle weight rating of such motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit. If standards promulgated by the United States Department of Transportation, or such agency as may succeed to its powers and responsibilities, are applicable to such vehicle, its gross vehicle weight rating shall be reported to the registrar in accordance with such standards. Such certificates shall be in such form as the registrar shall prescribe, but it shall be divided in two sections, one to be executed by the owner or lessee, and the other to be executed by a manufacturer of the vehicle or the authorized representative of such manufacturer. The owner or lessee's section shall include, but not be limited to: (a) the make, model and year of the motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit; (b) the vehicle identification number; (c) the name and address of the owner or lessee; (d) the gross weight for which such vehicle is registered; (e) the maximum weight authorized by the commissioner of highways for such vehicle; (f) a statement by the owner or lessee that to its knowledge, no alterations have been made to the motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit which would tend to reduce the said gross vehicle weight rating, and that the chassis, axles, tires, rims, brakes, steering components and suspension system are maintained in good order; (g) the date of permit approval by the commissioner of highways, and any number assigned thereto by him; and (h) the expiration date of such permit, which shall also be the expiration date of said permit sticker. The said manufacturer's section shall include, but not be limited to: (a) the manufacturer's name and address and its representative's name and address, if any, providing the gross vehicle weight rating, and (b) the said gross vehicle weight rating in pounds.

If an owner or lessee shall be unable to obtain a manufacturer's gross vehicle weight rating for any such vehicle manufactured before January first, nineteen hundred and seventy-two and shall submit to the registrar a statement in writing from such manufacturer giving the reasons why it cannot provide such a rating, the registrar may nevertheless issue such a permit sticker limited to such weight, not exceeding registered weight, as the registrar shall prescribe.

A copy of such certificate, or certificates in case of a semi-trailer unit or tandem unit or a tractor operating with a trailer, shall be issued by the registrar to the owner or lessee, and it shall be kept by the operator of such vehicle in an accessible place, and it shall be produced for inspection at the request of any police officer. No such permit sticker or certificate shall be issued by the registrar if the maximum gross weight authorized by the commissioner of highways exceeds the gross weight for which such motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit is registered.

Upon the transfer of ownership or possession of any motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit, any such permit or sticker which has not expired or been revoked shall remain in effect until its expiration date, provided that the person in possession of such motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit after such transfer shall have notified the registrar and the commissioner of highways in writing of his name, address and the date of such transfer upon such form as the registrar shall prescribe.

Whoever knowingly and willfully makes any false statement in any application for a permit, under section thirty or thirty A of chapter eighty-five or in any certificate under this section, or whoever knowingly and willfully alters any such motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit for the purpose of reducing its said gross vehicle weight rating below the weight limit set forth in the permit after such permit and sticker have been issued and while such permit and sticker are in use and effect, shall be punished by a fine of not less than five hundred dollars nor more than one thousand dollars or by imprisonment for not less than two weeks nor more than two years, or both. A conviction of a violation of this paragraph shall be reported forthwith by the court or magistrate to the registrar who shall immediately revoke the said permit sticker and no appeal, motion for new trial or exceptions shall operate to stay such revocation, and the registrar shall forthwith report such violation and revocation to the commissioner of highways who shall immediately revoke the permit issued for such vehicle. Upon the revocation of any such permit or sticker, the owner or lessee of such motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit shall immediately return his copy of such certificate to the registrar, and shall immediately remove such permit sticker from any such motor vehicle, trailer, semi-trailer or semi-trailer unit or tandem unit.

Mass. Gen. Laws ch. 90, § 19D