540 CMR, § 18.02 - Application for General Registrations and General Registration Number Plates and Definitions
(1)
(a)
General
Requirements
. Applicants shall complete and submit to the
Registrar the prescribed application form for general registrations and number
plates, together with the following:
1. If the
applicant is a corporation, limited liability company or limited liability
partnership, a copy of the applicable Articles of Organization, Certificate of
Organization, or Registration filed with the Secretary of State for the
Commonwealth.
2. If the applicant
is either an individual or an entity conducting business under a trade name, a
copy of the business certificate issued by the municipality where the applicant
conducts or will be conducting business.
3. A copy of any permit, including any
occupancy permit or license, required by any federal, state or local law for
engaging in the particular business.
4. The applicant's employer tax
identification number (EIN or FID).
5. Any photographs or diagrams of the
property where the applicant conducts its business, which reasonably depict the
location of buildings and entrances to the property and to the buildings, and
photographs of the applicant's motor vehicles or trailers, if the Registrar
believes that the diagrams or photographs may be useful in determining whether
the applicant qualifies for the general registration and general registration
number plates, or whether any of the motor vehicles or trailers require a
compliance decal.
(b)
Changes in Name, Address, Ownership.
1. A holder shall notify the Registrar, in
writing, within 30 days of any of the following:
a. a change in the name or address of the
business;
b. a transfer of the
business or a change of ownership, including a change in the form of ownership:
however, a transfer of less than a majority interest in a corporation shall not
be considered a change of ownership;
c. the dissolving of the business or the
ceasing of regular business activity;
d. the termination of a Class 1 automobile
franchise agreement.
2. A
holder shall provide the Registrar with copies of the applicable new dealer or
repairer 's license, business certificate, Articles of Organization, Certificate
of Organization, or Registration, reflecting the change.
(c)
Entry upon
Premises. Applicants and holders shall permit any law enforcement
officer or any agent designated by the Registrar to enter the premises during
regular business hours to determine compliance with M.G.L. c. 90, § 5 or
540 CMR 18.00
(d)
Definitions. As used in 540 CMR 18.00, the following
terms have the following meaning:
Holder . A person who possesses a validly issued general registration and general registration number plate(s) for the current registration period.
Owner
. A person who owns a motor
vehicle or trailer and, unless otherwise provided by the context, includes a
plate
Principally and Substantially Engaged in the
Business of. An applicant or
Repairer . Shall have the same meaning as repairman as defined by M.G.L. c. 90, § 1.
Solely on a Wholesale Basis
. A method
of doing business engaged in by
Temporary Plate . A temporary, plastic, general registration plate issued by the Registrar in a green color and unique format that is designed to replace an existing lost, stolen illegible or mutilated general registration plate for a limited period of time and at the request of a registrant. The plate shall contain the required Permit on one side and a temporary registration number and expiration date on the side facing outward. The Registrar shall set the terms for issuance.
(2)
Specific
Requirements
.
(a)
Motor Vehicle Dealers
. To receive or retain a dealer's
general registration and general registration number plates, a dealer, as
defined in M.G.L. c. 90, § 1, shall satisfy the following conditions:
1. The dealer is licensed under M.G.L. c.
140, § 59, by the municipality in which the business is or will be
conducted, and provides the Registrar with a copy of the then current license
upon initial application and at the time of each renewal.
2. The dealer provides the Registrar with a
copy of a franchise agreement letter from the manufacturer , if the dealer is a
Class 1 licensed dealer.
3. The
dealer is principally and substantially engaged in the business of
manufacturing, buying, selling or exchanging motor vehicles or trailers and is
not in violation of any applicable law.
4. The dealer 's business is situated within a
permanent building or permanently affixed structure, including an office
trailer, owned or leased by the dealer for the dealer 's exclusive use and
located at the address of record noted on the dealer 's license. Beginning on
January 1, 2019 no new, renewed or transferred general registration may be
issued if any portion of the applicant's dealer business premises are located
in a residence and no records required to be maintained by a dealer shall be
maintained and/or stored in a residence. Except for a dealer who exchanges
vehicles or trailers solely on a wholesale basis , the dealer shall be open to
the public . Beginning on January 1, 2019,
open to the
public
shall mean that the licensed premises are open to the
public for at least 30 hours per week during business days and the licensee
shall post the hours it is scheduled to be open in an exterior area of the
building where the public is likely to see the posting. A dealer who exchanges
vehicles or trailers solely on a wholesale basis shall post office hours during
which the business shall be staffed by the licensee or an agent thereof who
shall make the records required to be maintained by M.G.L. c. 140, § 62
available to law enforcement and other officials authorized to view and inspect
them pursuant to M.G.L. c. 140, § 66. Officials authorized to view and
inspect the records may agree to, but cannot be required to, make an
appointment. Such office hours shall be for not less than six hours per week
and not less than two hours on any scheduled day, and a portion of the hours
shall be scheduled between the hours of 9:00 A.M. and 4:00 P.M. and such posted
office hours shall also contain a telephone number at which the licensee may be
reached when not on the licensed premises. The office hours must be displayed
in an exterior area of the building or entrance to the licensee's premises
where officials authorized to view and inspect the records are likely to see
them. If an official authorized to view and inspect records by M.G.L. c.140,
§ 62 appears at the licensee's premises on at least two occasions within a
six month period on a day and time when office hours indicate the licensee or
agent should be present, and the official determines the premises are closed or
not accessible or that the required records are not available for viewing and
inspection, the Registrar may take action to suspend or revoke the licensee's
general registration and general registration dealer plates. The building,
structure, or office trailer shall have adequate office space to conduct the
business and to store and maintain the required records. For first time
applicant's for dealer registration plates applying on or after January 1,
2019, no building, structure or office trailer used by a dealer will be
acceptable to RMV unless the dealer maintains an office of at least 100 square
feet in size and is equipped with office furniture, such as a desk and chairs
to conduct business and filing cabinets or drawers to store and maintain the
required records. On or after January 1, 2019, no holder of dealer general
registration plates who initially received such plates prior to June 30, 2018,
shall be allowed to renew such general registration and general registration
plates unless the building, structure or office trailer used by the dealer
contains office space of at least 100 square feet in size and is equipped with
office furniture, such as a desk and chairs to conduct business and filing
cabinets or drawers to store and maintain the required records. If more than
one business is located within the same building or structure, the dealer shall
maintain a separate and exclusive entrance, unless the multiple businesses are
owned or controlled by the same principals.
5. Subject to any municipal regulation,
ordinance or bylaw, and except for a dealer who exchanges motor vehicles or
trailers solely on a wholesale basis , the dealer shall display a permanently
affixed exterior sign of sufficient size and design to give the general public
notice of the name and nature of the business. If the municipality prohibits by
regulation, ordinance, or by-law, the display of any permanently affixed signs
as described above at the applicant's business location the Registrar may issue
dealer plates for that location.
6.
Except for a dealer who exchanges motor vehicles or trailers solely on a
wholesale basis , the dealer shall have an area to display the vehicles offered
for sale, which cannot be shared with any other business unless a substantial
physical separation exists. For first time applicants for dealer plates
applying on or after January 1, 2019, and notwithstanding any limitation or
prohibition against vehicle display printed on the face of the municipal
dealer's license, the RMV will not approve dealer plates for the dealer 's
premises unless the dealer 's license authorizes the display of motor vehicles
at the site. The display area must have sufficient space to allow potential
buyers to walk between the displayed vehicles. There shall also be sufficient
space for customer parking. after January 1, 2019, and notwithstanding any
limitation or prohibition against vehicle display printed on the face of the
municipal dealer's license, no holder of dealer general registration plates,
other than one who does business solely on a wholesale basis , who initially
received such plates prior to January 1, 2019, shall be allowed to renew the
general registration and plates at the licensed location unless the dealer 's
license authorizes the display of motor vehicles and the dealer has sufficient
space to display vehicles at the dealer 's premises. A display area of any size
must also have sufficient space to allow potential buyers to walk between the
vehicles when examining them. There shall also be sufficient space for customer
parking. Vehicles cannot be offered for sale at any other location; however,
this shall not prohibit a dealer from transporting and offering vehicles for
sale at a recognized automobile auction facility, or a combined dealer special
sale event. Except for a dealer who does business solely on a wholesale basis ,
a Class 2 dealer must maintain or have access to repair facilities sufficient
to comply with 540 CMR 16.00: Minimum Specifications for Repair
Facilities of a Class 2 Used Motor Vehicle Dealers to Make Repairs under
Warranty and M.G.L. c. 140, § 58 and c. 90, §
7N1/4.
7. An initial or renewal
application for general registration dealer plates filed by an applicant who
claims to sell used motor vehicles solely on a wholesale basis shall include an
affidavit containing information required by the Registrar which must be signed
under the penalties of perjury by the applicant.
8. The dealer maintains a system of vouchers,
approved by the Registrar, which shall be carried by any operator of a motor
vehicle. A copy of the vouchers shall be retained by the dealer on the licensed
premises.
9. The dealer complies
with the records requirements of M.G.L. c.140, § 62, by maintaining either
a bound record book or printouts produced by a computerized records system, in
a form authorized by the Registrar.
10. The dealer must satisfy the Registrar
that the licensed premises are in compliance with local zoning and occupancy
laws.
11. The Registrar may issue
general registration dealer plates to an approved applicant following an
on-site inspection by agents of the Registrar. The Registrar shall determine
the number of dealer plates to be issued, if any, for the dealer 's business
purpose only. Any request by a dealership for additional dealer plates to be
used by the dealership's owners as set forth in M.G.L. c. 60A, § 1, shall
not be deemed sufficient reason for an increase in the number of plates issued.
If the approved applicant believes it needs more dealer plates, it may request
additional plates but must provide additional information, as required by the
Registrar, in support of such request. The Registrar may refuse to issue
additional plates unless he or she is satisfied from an examination of
available information, that the additional number of requested plates is
justified, but the Registrar may authorize additional dealer plates, if at all,
in a lesser number than requested. The Registrar may also reduce the number of
dealer plates issued to a registrant if it appears to the Registrar that the
dealer has been issued more plates than are reasonably necessary to conduct the
dealer 's business when the level of sales activity at the premises is taken
into consideration. The Registrar will not issue dealer plates to an applicant
who appears to be the sole employee of the licensed premises but who does not
have an active Massachusetts driver's license. The Registrar may, nevertheless,
issue dealer plates to a licensed dealership although the proprietor does not
have a valid Massachusetts driver's license if he or she is satisfied, from an
examination of employment and payroll records, that the licensee has one or
more employees or contractors who do have an active driver's license and whose
duties require them to operate inventory vehicles on the dealer 's behalf over
public ways.
12. The Registrar may
refuse to renew or may revoke a general registration and general registration
dealer plate if he or she is satisfied from available evidence that the dealer
is not principally and substantially engaged in business as a dealer. Such
evidence may include, but shall not be limited to, results of site visits by
law enforcement officers and agents of the Registrar indicating lack of sales
related activities during normal business hours; reports from town officials
that the premises are frequently closed during normal business hours or that
the licensee has permanently closed or moved; from an examination of the
dealer 's records and book entries required to be maintained by M.G.L. c.140,
§ 62 which shows lack of substantial sales activity; or based upon the
dealer 's failure to produce such records for an inspection and review. The
Registrar may refuse to renew, may suspend, or may revoke the dealer plates of
a dealer who permits another, not entitled thereto, to use a dealer
reassignment form (DRT-1 Form) or who fails to properly record the DRT-1
Control Number in the appropriate place in the Used Vehicle Record for that
vehicle. The Registrar may also condition renewal of the general registration
and dealer plates on the dealer 's providing evidence, satisfactory to the
Registrar, that the books and records are being maintained in the normal course
of business, that the dealer is making the required book entries in a timely
manner, and that the records appear to be complete.
13.
Use of Dealer Plates for
Dealer with Multiple Locations. If a dealer has several sales
locations that are served by one licensed main location, all used vehicle
records shall be maintained at the main location. If the dealer has several
locations that are each separately licensed, the UVRB for each separate
dealership shall be maintained on the licensed premises.
14.
Dealer Responsible to Secure
and Account for Plates; RMV Audit of Dealer Plates. A dealer shall
be responsible to secure all Dealer plates when not in use and shall be
responsible for accounting for any plates not on the licensed premises when an
agent of the Registrar or law enforcement makes inquiry. A licensed dealership
possessing Dealer plates shall be subject to a plate-audit by representatives
of the Registrar at any time during normal business hours.
15. A dealer licensed under M.G.L . c. 140,
§ 59 by a municipality in Massachusetts shall not operate a motor vehicle
or trailer owned by the dealership while displaying a registration plate issued
by any U.S. state other than Massachusetts. A violation will be deemed
operation of an unregistered vehicle.
(b)
Motor Vehicle
Repairer. To receive or retain a repairer general registration and
general registration number plates, a repairer , as defined in M.G.L. c. 90,
§ 1, shall satisfy the following conditions:
1. The repairer is principally and
substantially engaged in the occupation of repairing, altering, reconditioning,
equipping or towing motor vehicles or trailers for the public.
2. The repairer maintains an established
place of business as defined in M.G.L. c. 90, § 1; however, it is not
necessary for every motor vehicle or trailer to be repaired within a building
or structure on the premises, if the repairs do not violate local laws and are
contained within the premises.
3.
If the repairer 's business is classified as a motor vehicle repair shop under
M.G.L. c. 100A, the repairer shall have a valid certificate issued by the
Director of the Division of Standards pursuant to M.G.L. c. 100A.
4. Subject to any municipal regulation,
ordinance or bylaw, the repairer displays a permanently affixed exterior sign
of sufficient size and design to give the general public notice of the name and
nature of the business.
5. If the
repairer 's business includes the towing and storage of motor vehicles or
trailers for the public, the repairer must have adequate storage facilities.
The storage facilities shall be physically separated from any area shared with
any other business, but need not be located at the main office. The Registrar
must be notified of the address of all storage facilities and be allowed to
inspect the facilities.
6. The
repairer maintains business records on the premises which contain the date(s),
description of the motor vehicle , including the vehicle identification number,
owner and nature of work completed. A repairer engaged in towing shall maintain
records on the premises containing the date of each tow, a description of the
motor vehicle or trailer that was towed, the vehicle identification number,
registration number and place of registration, and the name of the owner of the
towed vehicle.
(c)
Owner-contractor
.
1.
Unless otherwise provided by 540 CMR 18.00, to receive or retain general
registration and general registration plates, an owner-contractor , as defined
in M.G.L. c. 90, § 1, shall satisfy the following conditions:
a. The owner-contractor owns or controls a
fleet of ten or more motor vehicles, trailers, special mobile equipment , mobile
construction cranes or any combination of such vehicles or equipment, which
shall include at least one piece of special mobile equipment or at least one
motor vehicle or trailer as described in 540 CMR 18.02(2)(c)2.e.
b. The owner-contractor maintains facilities
for the repair, alteration or equipping of the vehicles or equipment, which
shall:
i. include a permanently constructed
building or structure of sufficient size to allow the majority of the motor
vehicles or trailers in the fleet to be repaired within the building or
structure, except that the registrar may establish guidelines for alternative
compliance by fleets containing very large motor vehicles or trailers unable to
fit in the on-site facilities;
ii.
contain the tools and equipment necessary to conduct repairs and alterations;
and
iii. be conducted as a separate
entity, physically segregated from any business not owned or controlled by the
owner-contractor .
2. Pursuant to authority granted in M.G.L. c.
90, § 5, the Registrar may issue owner-contractor general registrations
and general registration number plates for:
a.
use on motor vehicles and trailers owned or controlled by government agencies
if a public safety or other public interest is served. No government agency may
operate a motor vehicle or trailer with an owner-contractor plate unless a
compliance decal has been issued. The Registrar may set further conditions for
such registrations.
b. use on
trailers owned by a person who is principally and substantially engaged in the
business of leasing for hire so called storage or mobile office trailers, if
the person owns at least ten storage or mobile office trailers, or combination
thereof, and maintains an establishment as required in 540 CMR
18.02(2)(c)1.b.
c. use on a motor
vehicle or trailer owned by a person who is principally and substantially
engaged in the business of renting or leasing motor vehicles or trailers to the
general public, if the person owns at least 20 motor vehicles or trailers.
Motor vehicles or trailers registered under 540 CMR 18.02(2)(c)2.c. may only be
operated by the owner or owner 's agent for the repair, alteration, maintenance,
delivery, disposal or retrieval of the vehicle or trailer, and not for the
transportation of any goods, wares or merchandise by any person. The
owner-contractor is subject to the compliance decal provisions of
540 CMR
18.03(5).
d. use on a motor vehicle or trailer owned by
a person who is principally and substantially engaged in the business of
short-term renting or leasing to the general public of specialized motor
vehicles or trailers designed for use in construction, if the person owns at
least 20 such specialized motor vehicles or trailers. The owner-contractor may
allow its rented or leased vehicles to be operated or towed with the
owner-contractor plates attached providing all of the following conditions are
met:
i. the motor vehicle is special mobile
equipment or a mobile construction crane as defined in M.G.L. c. 90, § 1,
or is a motor vehicle or trailer described or authorized to be operated on an
owner-contractor plate by the provisions of 540 CMR 18.02(2)(c)2.e.;
ii. the required compliance decal is
displayed on the motor vehicle or trailer;
iii. the motor vehicle or trailer is not
leased or rented with the owner-contractor plate attached for more than five
consecutive days; and
iv. the
person operating the motor vehicle or trailer carries a signed and dated copy
of the rental or leasing agreement.
e. use on a motor vehicle or trailer which is
designed primarily for construction purposes and not for the transportation of
passengers or property, and is only incidentally operated on a way including,
but not limited to, any vehicle or trailer which is designed and used primarily
either for grading or paving of highways, earth moving, and other construction
work on highways, at a public or private construction site or for construction
or maintenance work on railroad rights of way, including air drills, asphalt
spreaders, bituminous mixers, bucket loaders, rubber-tracked tractors, crawler
tractors, ditchers, leveling graders, finishing machines, motor graders, paving
mixers, road rollers, scarifiers, earth moving scrapers and carryalls, welders,
pumps, water wagons, screening plants, power shovels and draglines, excavators,
backhoes, front end loaders, self-propelled and tractor-drawn earth moving
equipment and machinery, and concrete pumpers.
f. use on an enclosed trailer owned or
controlled by the general registration holder , which is towed on a way to or
from a construction site and is used by the owner-contractor exclusively as a
mobile construction office at the site.
3. An owner-contractor may operate on a way
any motor vehicle classified as
special mobile
equipment
as defined in M.G.L. c. 90, § 1 for the sole
purpose of snow removal.
(d)
Farmers. To
receive or retain a farmer's general registration and general registration
number plates a farmer, as defined in M.G.L. c. 90, § 1, shall satisfy the
following conditions:
1. The farmer is
substantially engaged in:
a. the occupation
of farming as defined in M.G.L. c. 90, § 1;
b. the growing and harvesting of forest
products or incidental lumbering operations, including the preparation and
transportation of the products prior to retail sale.
2. The farmer is a Massachusetts resident or
corporation;
3. The farmer holds
any license or permit required by any federal, state or local law prior to
engaging in the farming or forestry operation;
4. The farmer owns a fleet of two or more
vehicles used for and dedicated to conducting the business, excluding passenger
vehicles;
5. The farmer conducts
the farm activity or forestry operations for an ultimate commercial purpose.
For the purposes of 540 CMR 18.00, an ultimate commercial purpose may include
conducting farm or forestry operations for profit, not-for-profit or charitable
purposes. Compliance with state or federal tax codes will be considered
evidence that the farm or forestry operation is being conducted for an ultimate
commercial purpose;
6. For
registrations initially issued after January 1, 1997, the size of the area
devoted to the activity is at least five acres if a farm, and at least ten
contiguous acres if devoted to the growing and harvesting of forest products or
incidental lumbering operations. The Registrar may waive the requirement of a
minimum size of five acres devoted to farming if a person is engaged in the
intensive cultivation of crops through alternative forms of farming activity,
such as hydroponics. The Registrar may also waive the minimum ten contiguous
acres requirement if the applicant has a minimum of ten non-contiguous acres,
each of which is devoted to the growing and harvesting of forest
products.
7. For the purposes of
540 CMR 18.02(2)(d), substantially engaged in the occupation of farming or
growing and harvesting of forest products or incidental lumbering operations
shall mean that at least one of the following shall apply:
a. the applicant derives at least 40% of
total income from such operations; or
b. the applicant demonstrates gross farm,
forest product harvesting or incidental lumbering operations related income of
at least $1,000 or a net farm related loss of at least $2,000 on Schedule C, D,
or F of the prior year's federal and state income tax returns; or, if the
applicant has been engaged in business for less than a full tax year, the
applicant produces documents sufficient to demonstrate current-year income or
expenses to verify that the applicant's business is reasonably expected to meet
this criteria; or
c.
i. if the applicant is engaged in the
occupation of farming, the land is enrolled in and classified pursuant to
M.G.L. c. 61A as being devoted to agricultural or horticultural use or both,
and meets the production values in M.G.L. c. 61A, and the applicant provides
the Registrar with a copy of the then current tax certificate issued by the
local assessor; or
ii. if a person
is engaged in the growing and harvesting of forest products or incidental
lumbering operations, the land is classified pursuant to M.G.L. c. 61 as being
forest land, and the applicant provides the Registrar with a copy of the
current tax certificate issued by the local assessor.
8. A farmer may only
operate motor vehicles or trailers principally used and dedicated to the
farming activity with the general registration and general registration plates,
and not passenger vehicles.
(e)
Recreational Vehicle Dealers,
Recreational Trailer Dealers, Boat Dealers, and Boat Trailer
Dealers
. To receive or retain a general registration and general
registration number plates, a dealer in recreational vehicles or trailers or
boats or boat trailers shall satisfy the following conditions:
1. The dealer is principally and
substantially engaged in the business of selling recreational vehicles and
recreational trailers or boats and boat trailers.
2. The dealer has suitable premises to
conduct the business, which shall include an office for the maintenance of
records of sale transactions.
3. If
the dealer 's business is located within a building or structure shared with
another business, the dealer maintains a separate and exclusive entrance,
unless the multiple businesses are owned by the same principals.
4. The dealer has an area to display the
vehicles or trailers offered for sale.
5. Subject to any municipal regulation,
ordinance or bylaw, the dealer displays a permanently affixed exterior sign of
sufficient size and design to give the general public notice of the name and
nature of the business.
(f)
Trailer Dealers
.
To receive or retain a dealer's general registration or general registration
number plates, a trailer dealer, as defined in M.G.L. c. 90, § 1, shall
satisfy the following conditions:
1. The
dealer is principally and substantially engaged in the business of buying,
selling or exchanging trailers.
2.
The dealer has suitable premises to conduct the business which shall include an
office for the maintenance of records of sales.
3. The dealer has an area to display the
trailers offered for sale.
4.
Subject to any municipal regulation, ordinance or bylaw, the dealer displays a
permanently affixed exterior sign of sufficient size and design to give the
general public notice of the name and nature of the business.
(g)
Transporter
. To receive or retain a general
registration or general registration plates, a transporter , as defined in
M.G.L. c. 90, § 1, shall satisfy the following conditions:
1. The transporter is principally and
substantially engaged in the business of transporting or delivering motor
vehicles not owned by the transporter , under their own power, or trailers not
owned by the transporter , or is a person, or agent of a person, licensed to
engage in the business of financing the purchase of or insuring motor vehicles,
who is required to repossess such motor vehicles or trailers by foreclosure or
subrogation of title.
2. The
transporter maintains an office for the maintenance of records of all
transactions.
(h)
Manufacturers
. To receive or retain a general
registration and general registration number plates a manufacturer, as defined
in M.G.L. c. 90, § 1, shall satisfy the following conditions:
1. The manufacturer is principally and
substantially engaged in the business of manufacturing motor vehicles,
trailers, motor vehicle bodies, or complete mechanical units for excavating or
carrying materials and maintains an establishment where the manufacturing
activity is conducted.
2. The
manufacturer does not incidentally sell used motor vehicles and does not
possess a license under M.G.L. c. 140, § 58.
3. The manufacturer of motor vehicles or
trailers produces evidence that the manufacturer issues certificates of origin
in conformity with M.G.L. c. 90D, § 6 and 540 CMR 15.00:
Specifications for Vehicle Manufacturer's Certificates of
Origin, except that a manufacturer engaged principally and
substantially in purchasing new motor vehicles or trailers for the purpose of
making modifications prior to sale to the first purchaser need not issue its
own certificates of origin.
Notes
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No prior version found.