10/2/2016...10/2/2016 2 this program is designed to provide accurate and authoritative information...
TRANSCRIPT
10/2/2016
1
Commercial Auto: Policy Type, Registration and Compliance Issues
Presented by:
Donna M. McKenna
MAIA VP of Communications & Registry Liaison
October 29, 2016 – 12:45 - 1:45 PM
Please turn off cell phones.
10/2/2016
2
This program is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional
person should be sought.
Registry Procedures in Commercial Lines
Commercial Motor Vehicle Definition
• There are both state and federal laws and regulations that define the term “commercial vehicle.” In addition, the insurance industry and the Registry of Motor Vehicles have their own rules and regulations that define commercial motor vehicles.
• This session will help you help your client determine which regulations apply to your client’s business operations.
10/2/2016
3
Commercial Motor Vehicle Definition
• The Federal Regulation:• The Federal Motor Carrier Safety Administration defines Commercial Motor
Vehicle (CMV) as follows:• Commercial Motor Vehicle means any self‐propelled or towed motor vehicle
used on a highway in interstate commerce to transport passengers or property when the vehicle –
Commercial Motor Vehicle Definition
• The Federal Regulation:1. Has a gross vehicle weight rating or gross combination weight rating,
or gross vehicle weight or gross combination weight, of 4,536 kg (10,001 pounds) or more, whichever is greater; or
10/2/2016
4
• The Federal Regulation:2. Is designed or used to transport more than 8 passengers (including the
driver) for compensation; or
Commercial Motor Vehicle Definition
• The Federal Regulation:3. Is designed or used to transport more than 15 passengers, including the
driver, and is not used to transport passengers for compensation; or
Commercial Motor Vehicle Definition
10/2/2016
5
• The Federal Regulation:4. Is used in transporting material found by the Secretary of
Transportation to be hazardous under 49 U.S.C. 5103 and transported in a quantity requiring placarding under regulations prescribed by the Secretary under 49 CFR, subtitle B, chapter I, subchapter C.
Commercial Motor Vehicle Definition
The Federal Regulation
• Commercial Motor Vehicle (CMV) Definition
• If your client has vehicles that meet the Commercial Motor Vehicle definition and are involved in Interstate Commerce: Trade, traffic, or transportation in the United States –
• Between a place in a state and a place outside of such state (including a place outside of the United States);
• Between two places in a state through another state or a place outside of the United States; or
• Between two places in a State as part of trade, traffic, or transportation originating or terminating outside the State or the United States;
• Your client must obtain a USDOT number.
Commercial Motor Vehicle Definition10
10/2/2016
6
• Commercial Motor Vehicle (CMV) Definition
• Determine FMCSA Registration Needs/Requirements
USDOT Number and Safety Permit Registration
Operating Authority (MC Number)
Commercial Motor Vehicle Definition
11
• Who Needs a USDOT Number?• Companies that operate commercial vehicles transporting passengers or
hauling cargo in interstate commerce must be registered with the FMCSA and must have a USDOT Number. Also, commercial intrastate hazardous materials carriers who haul types and quantities requiring a safety permit must register for a USDOT Number.
• The USDOT Number serves as a unique identifier when collecting and monitoring a company's safety information acquired during audits, compliance reviews, crash investigations, and inspections.
Commercial Motor Vehicle Definition
10/2/2016
7
• Getting Authority to Operate (MC Number)In general, companies that do the following are required to have interstate Operating Authority (MC number) in addition to a DOT number:• Operate as for‐hire carriers (for a fee or other compensation)• Transport passengers in interstate commerce• Transport federally‐regulated commodities or arranging for their
transport, in interstate commerceFMCSA operating authority is often identified as an "MC," "FF," or "MX" number, depending on the type of authority that is granted. Unlike the USDOT Number application process, a company may need to obtain multiple operating authorities to support its planned business operations. Operating Authority dictates the type of operation a company may run and the cargo it may carry.
Commercial Motor Vehicle Definition
• Who Does Not Need Authority?All of this also dictates the level of insurance/financial responsibilities a company must maintain. Carriers not required to have operating authority include:• Private carriers (carriers that transport their own cargo)• “For-hire" carriers that exclusively haul exempt
commodities (cargo that is not federally regulated)• Carriers that operate exclusively within a federally
designated "commercial zone" that is exempt from interstate authority rules. A commercial zone is, for example, a geographic territory that includes multiple states bordering on a major metropolitan city, such as Virginia/Maryland/Washington, DC
Commercial Motor Vehicle Definition
10/2/2016
8
Overview• The Federal Motor Carrier Safety Administration (FMCSA) has
published a final rule that will combine various forms that carriers, freight forwarders and brokers currently use to register and update their information with the agency into a single, electronic “smart form.” The new Unified Registration System will increase efficiency by streamlining the registration process for industry and enabling FMCSA to maintain more accurate information on the entities it regulates.
• When URS implementation is complete, all new applications and updates to existing records will be handled through the new system.
Unified Registration System (URS)
What is the URS?• The Unified Registration System (URS) is a single online
registration system. URS replaces multiple forms and the registration functions of several systems – such as the Licensing and Insurance System (L&I) and Motor Carrier Management Information System (MCMIS) – that businesses use to register and update their information with the Federal Motor Carrier Safety Administration (FMCSA).
• The URS has NOTHING to do with the plates on the CMVs and EVERYTHING to do with the paperwork which must be filed with the Federal Motor Carrier Safety Administration.
Unified Registration System (URS)
10/2/2016
9
Why the URS?• URS helps raise the safety bar while improving efficiency through:
• Simplified processes and elimination of multiple forms.• Reduced paperwork and errors.• Electronic screening of all applications to identify high‐risk carriers,
including potential reincarnated carriers.To Whom Does URS Apply?• The URS rule applies to all interstate motor carriers (including private and
for‐hire passenger and property motor carriers), freight forwarders, brokers, intermodal equipment providers (IEPs), hazardous materials safety permit (HMSP) applicants/holders, and cargo tank manufacturing and repair facilities under FMCSA’s jurisdiction. Mexican‐domiciled carriers conducting long‐haul operations are exempt.
Unified Registration System (URS)
When does URS Take Effect?• URS is being implemented through April 2017. Key dates include:
Unified Registration System (URS)
URS KEY DATES
12/12/15 First‐time applicants must use URS
1/14/17 All applicants begin using URS for all registrations and changes, and changes take effect for USDOT numbers, the new fee schedule, evidence of financial responsibility and process agent designation
4/14/17 Enforcement begins for existing registrants for evidence of financial responsibility and process agent designation
10/2/2016
10
What’s the Cost?• After January 14, 2017
Unified Registration System (URS)
URS COSTS/FEES
FMCSA charges no fees for biennial updates of name/address/form of business changes
FMCSA charges $300 per registration type (including safety registration) for new applicants (including private motor carriers) and businesses whose USDOT Registrations (including safety and/or operating authority) have been revoked
A $300 fee will also be charged to businesses with existing registrations when they request an additional registration type
FMCSA charges an additional $10 reinstatement fee per request for suspended registrations
URS Rollout at a Glance
WHAT WHEN WHO
Use of the online registration application for first‐time applicants 12/12/15 First‐time applicants
Use of the online registration application for all reasons to file 1/14/17 New and existing entities
USDOT Number as sole identifier (discontinue issuing all other docket numbers – except distinct CT numbers for cargo tank facility registration)
1/14/17 New and existing entities
New Fee Schedule 1/14/17 New registrants and existing registered users requesting a new type of registration
Evidence of Financial Responsibility (Insurance Filings and Surety Bonds/Trust)
1/14/17 New Private HM and Exempt For‐Hire CarriersExisting Private HM and Exempt For‐Hire Carriers must provide but no enforcement until April 14, 2017
Process Agent Designation (BOC‐3) 1/14/17 New Private and Exempt For‐Hire CarriersAll Existing motor carriers, brokers and freight forwarders must provide,but no enforcement until April 14, 2017
10/2/2016
11
URS Rollout at a GlanceWHAT WHEN WHO
Evidence of Financial Responsibility (Insurance Filings and SuretyBonds/Trust)
4/14/17 Existing Private HM and Exempt For‐Hire Carriers must have on file
Process Agent Designation (BOC‐3) 4/14/17 Existing Motor Carriers, Freight Forwarders and Brokers must have on file
• Overview• In addition to filing an application for operating authority, all applicants for
motor carrier, forwarder, and broker authorities must have specific insurance and legal process agent documents on file before the FMCSA will issue the authorities. The required filings vary, based on the types of registrations involved. Following is a list of pre‐registration forms, followed by an explanation of which types of registrants are subject to filing those forms.
• Please note that first‐time applicants with FMCSA must apply using the Unified Registration System (URS) as of December 12, 2015. Existing registration‐ or authority‐holders may apply for authorities using the OP‐series forms until January 14, 2017.
FMCSA Insurance Requirements
10/2/2016
12
• Overview• Liability and cargo insurance forms must be submitted directly (online) by
the home office of the insurance company furnishing the coverage. The FMCSA does not furnish copies of insurance forms.
FMCSA Insurance Requirements
Form Description Authorities Subject to Filing
BMC-91 or BMC-91X Public liability insurance (bodily injury/property damage/environmentalrestoration)
• Motor Carrier• Freight Forwarder (Note:
Non-vehicle operating freight forwarders may seek waiver of this requirement)
• Freight:--$750,000 - $5,000,000, depending on commodities transported; $300,000 for non-hazardous freight moved only in vehicles weighing under 10,001 lbs.
• Passengers:--$5,000,000; $1,500,000 for registrants operating only vehicles with seating capacity of 15 or fewer passengers.
FMCSA Insurance RequirementsForm Description Authorities Subject to Filing
BMC-34 or BMC-83 • Cargo insurance -- $5,000per vehicle
• $10,000 per occurrence
• Household Goods Motor Carrier
• Household Goods Freight Forwarder
BMC-84 or BMC-85 • Surety Bond amount is $75,000
• Trust Fund Agreement amount is $75,000
• Freight Forwarder• Broker of Freight
BOC-3 Service of Process Agents All Authorities
MCS-90 Endorsement for Motor Carrier Policies of Insurance for Public Liability under Sections 29 and 30 of the Motor Carrier Act of 1980
Hazmat Safety Permit Carriers
10/2/2016
13
• How to File• Applicants should be prepared to contact their agents to request filing of the
required forms immediately after obtaining their designated docket number. These filings must be received within 90 days after the FMCSA has published public notice of intention to register the applicant. (Applicants will be notified by letter of their docket number and date of publication in the FMCSA Register.)
• Applicants are cautioned to ensure that the name and address of the business as set out in all pre‐registration filings match exactly the name and address provided in their application for operating authority filings. Any deviation will result in rejection of the supplemental pre‐registration filings.
FMCSA Insurance Requirements
• Where to File• Insurance companies (NOT insurance agents) that wish to file insurance
forms online need to set up a filer account with FMCSA. Please submit a request to the Insurance Team at mc‐[email protected] with the following information• Letter on the insurance company’s letterhead requesting a filer account• Home office address of the insurance company• Billing address, if that address is different from the home office• Name of a contact person with that insurance company• Contact person’s telephone and fax numbers• Billing contact person’s telephone and fax number if it is different than the home office
contact person• E‐mail address of the contact person if available• Preferred user name for the account (if any)• Copy of the insurance company’s state license• Subject line: "Insurance Filer Account Request"
FMCSA Insurance Requirements
10/2/2016
14
• Where to File• Insurance/process agent filings can also be mailed directly to:
FMCSAOffice of Registration and Safety Information, MC‐RS1200 New Jersey Avenue SE W63‐105Washington, DC 20590
• Checking StatusFMCSA's QCMobile app can be used to verify an entity's operating authority and USDOT number. The new app will provide the functionality previously provided by the automated phone system, plus access to USDOT number status information. Users of Apple or Android smartphones or tablets can download this app from the iTunes App Store (Apple) or the Google Play Store (Android) at no cost.
FMCSA Insurance Requirements
• The Federal Regulation:
• The definition for CMV which applies solely to CDL drivers is found in §382.107 and §383.5. It is used for Parts 382 and 383 which deal with the commercial driver's license (CDL) and alcohol and drug testing. This definition refers to a vehicle used in commerce, whether interstate or intrastate.
• The following definition is used when determining if operation requires a Commercial Driver's License (CDL) (Part 383); placement in a DOT drug and alcohol testing program (Parts 382 and 40); and specific training (Part 380):
Commercial Motor Vehicle Definition
10/2/2016
15
• The Federal Regulation:• 49 CFR 383.5
Commercial motor vehicle (CMV) means a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the motor vehicle is a-(1) Combination Vehicle (Group A)-having a gross combination
weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(2) Heavy Straight Vehicle (Group B)-having a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 pounds or more), whichever is greater; or
Commercial Motor Vehicle Definition
• The Federal Regulation:• 49 CFR 383.5
(3) Small Vehicle (Group C) –(i) that does not meet Group A or B requirements;(ii) Is designed to transport 16 or more passengers,
including the driver; or(iii) Is of any size and is used in the transportation of
hazardous materials as defined in this section.
Commercial Motor Vehicle Definition
10/2/2016
16
• The Federal Regulation:• A company pickup truck just might be defined as a commercial
motor vehicle (CMR) according to the FMCSRs. Your client may be thinking to himself, “But I’m not hauling cargo with the truck so it can’t be a commercial motor vehicle,” or “This truck is way too small.”
Commercial Motor Vehicle Definition
• In order to understand how and when some of your clients’ smaller vehicles suddenly become CMVs, consider the following:• Commerce involves anything that is the furtherance of business,
such as hauling supplies and tools to and from a worksite, dropping off workers, or just visiting a worksite during the course of business. If you are not hauling freight for someone else, you can still be considered a private (motor) carrier.
• The weight of the truck, load, and any trailer you may be transporting are included in the 10,001 pounds or greater definition of CMV found in §390.5. This includes the manufacturer's specifications of the truck by itself (i.e., Gross Vehicle Weight Rating (GVWR)) or with a trailer (i.e., Gross Combination Weight Rating (GCWR)).
Commercial Motor Vehicle Definition
10/2/2016
17
• If you exceed the manufacturer's weight specifications, and the actual weight of the vehicle and load, with or without a trailer, is 10,001 pounds or greater, this is considered a CMV based on Gross Vehicle Weight (GVW) or Gross Combination Weight (GCW).
• Any size vehicle is subject to the safety regulations if it is hauling placardable amounts of hazmat.
Commercial Motor Vehicle Definition
• Even if the trailer is only a small utility trailer, if it places you at the 10,001 pounds or greater, you are now operating a commercial motor vehicle. If the vehicle only meets the definition when pulling a trailer, you would only be concerned about observance of the safety regulations on those days it meets the definition. This includes USDOT markings on the side of the truck and properly secured cargo. The pickups may have to stop at roadside inspection stations also.
Commercial Motor Vehicle Definition
10/2/2016
18
• The RMV Commercial Plate Definition540 CMR 2.05Commercial Vehicle, in connection with registration requirements, is any motor vehicle which is not a private passenger motor vehicle, personal transportation network vehicle, antique motor car, motorcycle, trailer, semi-trailer, auto home, house trailer, taxicab, ambulance, hearse, livery vehicle, bus, school bus, or school pupil transport vehicle. The following are examples of commercial vehicles requiring commercial registration plates:
Commercial Motor Vehicle Definition
• The RMV Commercial Plate Definition(a) Any vehicle which has a vehicle weight, or curb weight,
of more than six thousand pounds, as per the manufacturer’s description of said vehicle, unless such vehicle is a sport utility vehicle or passenger van, or a pickup truck or cargo van meeting the definition of private passenger vehicle;
(b) Any vehicle which has five or more wheels on the ground;
(c) Any pickup truck or cargo van, owned by a partnership, trust or corporation unless such vehicle meets the definition of private passenger motor vehicle.
Commercial Motor Vehicle Definition
10/2/2016
19
• The RMV Commercial Plate Definition(d) Any pickup truck or cargo van, if on the bed of the vehicle
tools, supplies, materials or equipment are transported to or from a job site, or are stored for use at a job site; provided that transportation to or storage for use at a personal project for which no compensation is received shall not be considered in connection with the “job site”,
(e) Any vehicle, if on the roof or sides of the vehicle, tools, supplies, materials or equipment are transported to or from a job site, or are stored for use at a job site; provided that transportation to or storage for use at a personal project for which no compensation is received shall not be deemed in connection with a “job site”;
Commercial Motor Vehicle Definition
• The RMV Commercial Plate Definition(f) A vehicle which has business advertisements or business
markings thereon; provided however that markings limited to the name, address, telephone number, and logo of any corporation whose personal property is exempt from taxation under G.L. Chapter 59, §5, Clause Third or Tenth shall not be considered business advertisements or business markings for purposes of 540 CMR 2.05;
(g) A vehicle used for hire to plow;
Commercial Motor Vehicle Definition
10/2/2016
20
• The RMV Commercial Plate Definition(h) A vehicle used for hire to transport or store goods, wares
or merchandise, provided that if the vehicle is owned by an individual, has a maximum load carrying capacity of 1,000 pounds or less, and is so used on only a part-time basis, such vehicle shall not be deemed a commercial vehicle under 540 CMR 2.05(3)-commercial vehicle (h). “Part-time basis” shall mean that not more than 40% of the total usage of the vehicle is devoted to the transporting or storing of goods, wares or merchandise;
Commercial Motor Vehicle Definition
• The RMV Commercial Plate Definition(i) A vehicle used to transport or store goods, wares or
merchandise intended for sale in the ordinary course of the vehicle operator’s or owner’s business, provided that if the vehicle is owned by an individual, has a maximum load carrying capacity of 1,000 pounds or less, and is so used on only a part-time basis, such vehicle shall not be deemed a commercial vehicle under 540 CMR 2.05(3)-commercial vehicle (i). “Part-time basis” shall mean that not more than forty percent of the total usage of the vehicle is devoted to the transporting or storing of goods, wares or merchandise.
Commercial Motor Vehicle Definition
10/2/2016
21
• International Registration Plan “IRP”Apportionable Vehicle, is any motor vehicle which qualifies for registration under the International Registration Plan ["IRP"] authorized by M.G.L. c. 90, s.2, and which the Commonwealth joined effective January 1, 1994, as that Plan may be amended from time to time.
International Registration Plan (IRP)
• International Registration Plan “IRP”• What is the IRP?• The International Registration Plan (IRP) is a
registration reciprocity agreement among states of the United States, the District of Columbia and provinces of Canada providing for payment of apportionable fees on the basis of total distance operated in all jurisdictions. IRP is an optional program for licensing commercial vehicles traveling in two or more IRP jurisdictions. A jurisdiction may be a state or a Canadian province.Note: Massachusetts has license plate reciprocity with all IRP jurisdictions.
International Registration Plan (IRP)
10/2/2016
22
International Registration Plan (IRP)
• All member IRP jurisdictions are required to comply with the following three basic concepts of the Plan:
1. Issuance of an apportioned license plate.2. Issuance of a single registration or cab card.3. Allow intrastate and interstate movement.
• Under the IRP, an interstate carrier files an application with the jurisdiction in which he/she is based. That jurisdiction is known as the base jurisdiction. The IRP agreement allows the base jurisdiction to collect the registration fees for the other IRP jurisdictions. These fees are based upon mileage and weight information submitted by the carrier.
International Registration Plan (IRP)
10/2/2016
23
• The base jurisdiction issues a set of apportioned plates and cab card for each vehicle. The set of apportioned plates and cab card are the only license plate credentials necessary to operate a vehicle in member IRP jurisdictions. The cab card lists all the IRP jurisdictions and corresponding weights.
International Registration Plan (IRP)
• An IRP Apportioned Registration Does NOT:• Exempt a carrier from the payment of motor fuel taxes in any state.• Exempt a carrier from obtaining operating authority from a state where
the apportioned vehicle operates.• Exempt a carrier from the payment of Federal Heavy Vehicle Use Tax
(IRS Form No. 2290).• Permit a carrier to exceed maximum height, length, width, and axle
limitations.• Permit the violation of “bridge laws.”
International Registration Plan (IRP)
10/2/2016
24
• New IRP Full Reciprocity Plan
• Per the International Registration Plan (IRP), Massachusetts implemented the Full Reciprocity Plan (FRP) on January 1, 2015. FRP changes the Plan to make it more efficient, equitable and flexible for it’s member jurisdictions and registrants by granting full reciprocity for all apportioned vehicles in all member IRP jurisdictions and removing from the Plan any provisions related to estimated distance. In short, all jurisdictions will appear on a vehicle CAB Card. For additional information on IRP you may visit the IRP website at www.irponline.org
International Registration Plan (IRP)
• How Fees are DeterminedNote: The Processing Center cannot determine your registration fees until your completed application has been received and it has been processed.The cost of your apportioned registration will depend upon the percentage of miles traveled in each IRP jurisdiction as well as the registered combined gross weight of the vehicle. The following is a simplified example of how the registration fee for a vehicle based in Massachusetts might be apportioned. The operator of this unit travels in Massachusetts, New York, Vermont, and Maine. He travels 25,000 miles in each state for a grand total of 100,000 miles at year end. The operator has a registered combined gross weight of 80,000 pounds in each state. The license fee would be computed as follows:
International Registration Plan (IRP)
10/2/2016
25
• How Fees are Determined
• In this example, Massachusetts would collect a total of $1477 from the carrier. Of this total, Massachusetts would keep only $400.00. The remaining money would be sent to the other states.
• NOTE: This is just an example. Rounded numbers are not allowed.
International Registration Plan (IRP)
• Who Should Obtain IRP Registration?You may proportionally register your vehicle(s) if you travel in Massachusetts and at least one other IRP jurisdiction and the vehicle is used, maintained, or designed primarily for the transportation of property, or used for the transportation of persons for hire, and is a power unit:
• With a gross weight in excess of 26,000 pounds; or• With three or more axles regardless of weight; or• That hauls another unit and the weight of such combination exceeds
26,000 poundsNote: If you choose not to obtain IRP credentials and your vehicle(s) meets or exceed the criteria above, you will have to secure trip permits for each vehicle in other IRP jurisdictions that you enter.
International Registration Plan (IRP)
10/2/2016
26
• Other Vehicles That Should Be ApportionedVehicles used for the transportation of persons for hire (i.e., buses, livery vehicles, etc.) Vehicles, or combination thereof, having a gross vehicle weight of 26,000 pounds or less and two‐axle vehicles and buses/livery vehicles used in transportation of chartered parties may be registered with apportioned plates at the option of the registrant.
International Registration Plan (IRP)
• IRP Exempt Vehicles• The following types of vehicles are exempt from IRP:• Government‐owned vehicles• Vehicles displaying a restricted plate ‐ Dealer, Repair, Transporter, Farm,
Owner Contractor• City pick‐up and delivery vehicles• Recreational vehicles
International Registration Plan (IRP)
10/2/2016
27
• NEW! Bus Companies Operating Charter Trips Into Other Jurisdictions• The International Registration Plan has been amended to remove the
exemption for buses used in the transportation of chartered parties. Previously, registration for chartered buses in the Plan had been optional.
• Beginning on January 1, 2016, all charter buses engaging in interstate commerce are required to obtain an apportioned registration or a trip permit.
International Registration Plan (IRP)
• NEW! Bus Companies Operating Charter Trips Into Other Jurisdictions• A “Chartered Party” is defined by the IRP as “a group of persons who,
pursuant to a common purpose and under a single contract, have acquired the exclusive use of a passenger‐carrying Motor Vehicle to travel together as a group to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the group after leaving the place of origin. This term includes services rendered to a number of passengers that a passenger carrier or its agent has assembled into a travel group through sales of a ticket to each individual passenger from one or more points of origin to a single advertised destination.”
International Registration Plan (IRP)
10/2/2016
28
• Applications for Apportioned registrations can be processed at the IRP Processing Centers located in Quincy, Milford, Lawrence or Springfield.
• Mass DOT – RMV Division, IRP Section
25 Newport Avenue Extension, Quincy, MA 02171 Office Location: 4th Floor Hours: Monday – Friday – 9:00 AM to 4:00 PMTelephone: 857‐368‐8120 ‐ Fax Number: 857‐368‐0824To process IRP Mail, send applications ONLY to the Quincy Location.
• Lawrence Branch Office73 Winthrop Street, Lawrence, MA 01843 Hours: Monday, Tuesday, Wednesday & Friday ‐ 9:00 AM to 4:00 PMThursday – 10:00 AM to 5:00 PM
International Registration Plan (IRP)
• Milford Branch Office14 Beach Street, Milford, MA 01757 Hours: Monday, Tuesday, Wednesday & Friday ‐ 9:00 AM to 4:00 PMThursday – 10:00 AM to 5:00 PM
• Springfield Branch Office165 Liberty Street, Springfield, MA 01103 Hours: Monday, Tuesday, Wednesday & Friday ‐ 9:00 AM to 4:00 PMThursday 10:00AM to 5:00 PM
International Registration Plan (IRP)
10/2/2016
29
• Application Materials and other Required Documentation Applications for Apportioned registrations can be processed at the IRP Processing Centers located in Milford, Lawrence, Springfield or Quincy.
• All necessary forms and applications can be obtained from our website at http://www.massrmv.com/rmv/forms/registration.htm, by calling 857‐368‐8120 or by visiting an IRP Processing Center. It is your responsibility to properly complete all forms necessary to register your vehicle(s) under the IRP. If required information is missing from applications it will delay the timely processing of your application. Applications are processed in the order in which they are received. Walk‐in or express‐mail applications do not receive priority processing.
International Registration Plan (IRP)
• New IRP Accounts/First Time IRP Registrations To obtain an IRP registration in Massachusetts for the first time, the registrant must: • Show proof of an established place of business located in Massachusetts
(Acceptable documents listed below) • Have a VALID US DOT number • Complete and submit a Massachusetts IRP application • Complete and submit the RMV‐1 form and
• for new vehicles, submit a Certificate of Origin signed over to the new owner
• or for used vehicles, submit the previous title signed over to the new owner
International Registration Plan (IRP)
10/2/2016
30
• Provide the MCRS USDOT and TIN for each vehicle. If the MCRS is different from the vehicle owner, or the account holder, the applicant must provide a lease agreement or notarized statement which authorizes the use of the USDOT number. The following information must be included on the lease agreement or notarized statement: • USDOT number • Tax Identification Number (FEIN or SSN) • name of the company authorizing the use of their USDOT number • name of the individual/company that has permission to use that USDOT number • The documents can not have been altered, and the original must be presented
when opening a new account and at each renewal
International Registration Plan (IRP)
• RMV‐1 forms must be stamped by an insurance company licensed to do business in Massachusetts (stamp must be less than 30 days) • Provide proof of Power of Attorney
• for leased vehicles • for a person signing the application who is not the registered owner
• Pay invoice in full
International Registration Plan (IRP)
10/2/2016
31
Insurance Policy Eligibility
• AIB/CAR Commercial Policy EligibilityRule 51. This section applies to all trucks, including pickup, panel and van types, truck-tractors, trailers and semi-trailers except for the following:1. Autos used for public transportation. Refer to the public
transportation section2. Autos leased or rented to others by leasing or rental
concerns. Refer to the leasing or rental concerns rule in the Special Types and Operations Section.
• AIB/CAR Commercial Policy Eligibility3. Individually owned pickups, panel trucks or vans that are
owned or leased under a contract for at least twelve months and that have a gross vehicle weight of 10,000 pounds or less and not used for the delivery or transportation of goods or materials unless such use is incidental to the insured’s business of installing, maintaining or repairing furnishings or equipment.
Insurance Policy Eligibility
10/2/2016
32
• AIB/CAR Commercial Policy Eligibility4. Self-propelled vehicles with the following types of permanently
attached equipment. Refer to Rule 125—Special Mobile Equipment in Section VII—Special Types and Operations of this Manual.
a. Equipment designed primarily for:(1) Snow removal(2) Road maintenance, but not construction or resurfacing;(3) Street cleaning;
b. Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers.
c. Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.
Insurance Policy Eligibility
• So, from an insurance perspective, a commercial vehicle is anything that ISN’T a private passenger auto.
• This section of the Commercial Policy Eligibility tells us we must first determine if a vehicle meets the private passenger definition.
• Note: Any vehicle owned by a legal business entity(corporation, partnership, commercial trust) must be insured on a Business Auto Policy.
Insurance Policy Eligibility
10/2/2016
33
• Private Passenger Policy Eligibility (MAIP Version):Rule 27. Private Passenger DefinitionA private passenger automobile for insurance purposes is:
A. A motor vehicle of the private passenger or station wagon type that is owned or leased under contract for a continuous period of at least twelve months by one or more individuals, excluding (1) partnerships, (2) corporations, (3) unincorporated business associations, and (4) other legal business entities with a federal employer identification number, and is not used as a public or livery conveyance nor rented to others.
A vehicle which meets the conditions of Rule 31, regarding the transportation of fellow employees, students or others for consideration, is included in this definition, provided such vehicle is not registered for carrying passengers for hire.
Insurance Policy Eligibility
• Private Passenger Policy Eligibility (MAIP Version):A private passenger automobile for insurance purposes is:
B. A motor vehicle that is a pick-up or van, that is owned or leased under contract for a continuous period of at least 12 months by one or more individuals excluding (1) partnerships, (2) corporations, (3) unincorporated business associations, and (4) other legal business entities with a federal employer identification number, and1. has a gross vehicle weight rating of less than 10,000 pounds
or has a vehicle rating group assigned to it by the Automobile Insurers Bureau of MA (AIB), and
2. is not used for the delivery or transportation of goods or materials unless such use is incidental to the insured’s business of installing, maintaining or repairing furnishings or equipment.
Insurance Policy Eligibility
10/2/2016
34
• Private Passenger Policy Eligibility (MAIP Version):A private passenger automobile for insurance purposes is:
C. Gross Vehicle Weight Rating means the value specified by the manufacturer as the loaded weight of a single vehicle.
D. An eligible vehicle under this rule whose title has been transferred to a trust may be insured under a policy issued by assignment through the MAIP, subject to the following requirements: The grantor of the trust must be an individual or lawfully married individuals residing in the same household, and must be the only insured(s) named in Item 1 of the Coverage Selections Page. All vehicle(s) insured under the policy must be owned by the trust. A vehicle owned by a trust in which the grantor is a partnership or corporation must be written under a commercial auto policy.
Insurance Policy Eligibility
• Private Passenger Policy Eligibility (MAIP Version):A private passenger automobile for insurance purposes is:
If a motor vehicle is leased as described in the foregoingparagraphs, and the lessee is obtaining the insurance, the policy must be issued to the lessee as named insured and Endorsement M-0070-S, “Coverage For Anyone Renting An Auto To You,” must be attached to the policy.
Insurance Policy Eligibility
10/2/2016
35
• Under managed competition, companies are permitted to file their own rules and rates. The following companies have filed their own MAP policy eligibility requirements. They include: AIG, Bankers Standard, Esurance, GEICO, IDS Property, LM General Insurance Company, Occidental, Progressive and Privilege Underwriters Reciprocal Exchange (PURE).
Insurance Policy Eligibility
Safety Inspection
• Commercial Vehicle Inspection Regulation:Several years ago, Massachusetts implemented a new inspection program for commercial vehicles, trailers and converter dollies. It is the equivalent of the annual Federal Motor Carrier Safety Administration (FMCSA) “DOT” inspection, but it will be required of all vehicles classified as “commercial motor vehicles” under the MA inspection regulation.
10/2/2016
36
• Commercial Vehicle Inspection Regulation:Commercial Motor Vehicle shall mean any motor vehicle which is not a private passenger motor vehicle, antique motor car, motorcycle, auto home, house trailer, taxicab, ambulance, hearse, livery vehicle, or school pupil transport vehicle. A commercial motor vehicle shall include the following vehicles:a. The vehicle has a gross vehicle weight rating or gross
combination weight rating of 10,001 or more pounds; orb. The vehicle is designed to transport more than 15
passengers, including the driver; or
Safety Inspection
• Commercial Vehicle Inspection Regulation:c. The vehicle is used in the transportation of hazardous
materials in a quantity requiring placarding in accordance with the Hazardous Materials Regulations of the United States Department of Transportation. Any commercial motor vehicle that singularly has a gross vehicle weight rating of 10,001 pounds or less and is designed to meet emissions standards, shall be submitted for an emissions inspection in addition to all applicable safety inspection requirements; or
d. A single, full or semi‐trailer, used in commerce, with a manufacturer's gross vehicle weight rating over 3,000 lbs; or
Safety Inspection
10/2/2016
37
• Commercial Vehicle Inspection Regulation:e. Any vehicle which has a vehicle weight, or curb weight, of
more than six thousand pounds, as per the manufacturer's description of said vehicle, unless such vehicle is a sport utility vehicle or passenger van, or a pickup truck or cargo van meeting the definition of private passenger vehicle; or
f. Any vehicle which has five or more wheels on the ground
Safety Inspection
• Commercial Vehicle Inspection Regulation:• The following explains the various inspection station classes and
the vehicles those stations will inspect: Station Class License types indicate what type of vehicle the station can inspect. Be sure and check to make sure the inspection station you choose is equipped to inspect your type of vehicle.
• Class A. Conducts non-commercial light duty gas and diesel inspections of vehicles 10,000 lbs (GVWR) or less.
• Class B. Conducts commercial and non-commercial light and medium duty gas and diesel inspections of vehicles 26,000 lbs. (GVWR) or less, including light-duty pole or pull trailers only.
Safety Inspection
10/2/2016
38
• Commercial Vehicle Inspection Regulation:• Class C. Conducts all commercial medium and heavy duty
inspections of vehicles over 10,000 lbs. (GVWR), including all trailers, semi-trailers and converter dollies.
• Class D. Conducts all commercial and non-commercial light, medium and heavy duty inspections of all vehicles including all trailers, semi-trailers and converter dollies.
• Class E. Conducts heavy duty commercial inspection of vehicles over 26,000 lbs. (GVWR), including all trailers, semi-trailers and converter dollies.
• Class F. Conducts mobile inspections for commercial vehicles of all fuel types and weights, including all trailers, semi-trailers and converter dollies, owned or leased by a fleet.
Safety Inspection
• Commercial Vehicle Inspection Regulation:
• Fees:Non-Commercial Inspection $35.00Commercial Inspection $35.00
plus the market hourly shop rate charged by the station for the time spent performing the inspection
Safety Inspection
10/2/2016
39
Safety InspectionPlate Type Safety <=10,000 GVWR Safety >10,000GVWR
AHN –Auto Home/Camper Non‐Commercial Non‐Commercial
AHR –Auto Home/Camper Non‐Commercial Non‐Commercial
AHV –Auto Home/Camper Non‐Commercial Non‐Commercial
APN –Apportioned/IRP Commercial Commercial
APR –Apportioned/IRP Commercial Commercial
AMN –Ambulance Non‐Commercial Non‐Commercial
AMR –Ambulance Non‐Commercial Non‐Commercial
ARN –Transit Authority1 Non‐Commercial Commercial
AXN –Transit Authority Motorcycle (Authority) N/A
BDN – Boat Dealer >3,000 lbs. GVWR, Commercial Inspection>10,000 lbs. GCVWR, Commercial Inspection
>3,000 lbs. GVWR, Commercial Inspection>10,000 lbs. GCVWR, Commercial Inspection
BUN – Bus Commercial Commercial
BUR – Bus Commercial Commercial
BUV – Bus Commercial Commercial
1If the vehicle type is trailer, and GVWR is <=3,000 lbs., trailer exempt from inspection. If >3,000 lbs. GVWR, Commercial inspection
Safety InspectionPlate Type Safety <=10,000 GVWR Safety >10,000GVWR
CON –Commercial Non‐Commercial2 Commercial
COR –Commercial Non‐Commercial2 Commercial
COV –Commercial Non‐Commercial2 Commercial
FAN – Farm Non‐Commercial2 Commercial
LVN – Livery Non‐Commercial Non‐Commercial
LVR – Livery Non‐Commercial Non‐Commercial
LVV – Livery Non‐Commercial Non‐Commercial
MCN –Motorcycle Motorcycle N/A
MCR –Motorcycle Motorcycle N/A
MVN –Municipal1 Non‐Commercial Commercial
MXN ‐Municipal1 Motorcycle N/A
OCN –Owner‐Contractor Non‐Commercial1 Commercial
1 If the vehicle type is trailer, and GVWR is <=3,000 lbs., trailer exempt from inspection. If >3,000 lbs. GVWR, Commercial inspection2 If a placarded vehicle, Commercial inspection. If GCVWR will exceed 10,000 lbs., Commercial inspection3 If body type is pickup, SUV, or van, non‐commercial inspection
10/2/2016
40
Safety InspectionPlate Type Safety <=10,000 GVWR Safety >10,000GVWR
PAN – Passenger Non‐Commercial Commercial3
PAR – Passenger Non‐Commercial Commercial3
PAS – Passenger Non‐Commercial Commercial3
PAV ‐ Passenger Non‐Commercial Commercial3
PAY –Year of Manufacture Non‐Commercial Commercial3
RPN – Repair Non‐Commercial2 Commercial
RPV – Repair Non‐Commercial2 Commercial
SBN – School Bus Commercial Commercial
SBR – School Bus Commercial Commercial
SM – Semi‐Trailer Commercial Commercial
SMR – Semi‐Trailer Commercial Commercial
SPN – School Pupil Non‐Commercial Non‐Commercial
1 If the vehicle type is trailer, and GVWR is <=3,000 lbs., trailer exempt from inspection. If >3,000 lbs. GVWR, Commercial inspection2 If a placarded vehicle, Commercial inspection. If GCVWR will exceed 10,000 lbs., Commercial inspection3 If body type is pickup, SUV, or van, non‐commercial inspection
Safety InspectionPlate Type Safety <=10,000 GVWR Safety >10,000GVWR
STN1 – State Non‐Commercial Commercial
SXN – State Motorcycle (State) N/A
TAN –Taxi Non‐Commercial Non‐Commercial
TAR –Taxi Non‐Commercial Non‐Commercial
TPN ‐Transporter >3,000 lbs. GVWR, Commercial Inspection>10,000 lbs. GCVWR, Commercial Inspection
>3,000 lbs. GVWR, Commercial Inspection>10,000 lbs. GCVWR, Commercial Inspection
TRN –Trailer >3,000 lbs. GVWR, Commercial Inspection>10,000 lbs. GCVWR, Commercial Inspection
>3,000 lbs. GVWR, Commercial Inspection>10,000 lbs. GCVWR, Commercial Inspection
TRR –Trailer >3,000 lbs. GVWR, Commercial Inspection>10,000 lbs. GCVWR, Commercial Inspection
>3,000 lbs. GVWR, Commercial Inspection>10,000 lbs. GCVWR, Commercial Inspection
VPN –Vanpool Non‐Commercial Non‐Commercial
1 If the vehicle type is trailer, and GVWR is <=3,000 lbs., trailer exempt from inspection. If >3,000 lbs. GVWR, Commercial inspection2 If a placarded vehicle, Commercial inspection. If GCVWR will exceed 10,000 lbs., Commercial inspection3 If body type is pickup, SUV, or van, non‐commercial inspection
10/2/2016
41
Case Studies
1. Question …I have an insured who is a plumber. He recently traded in his Ford cargo van for a Chevy Cutaway Van. The cutaway van is under 10,000 pounds and is individually owned. But, my insured is my neighbor, and no way is it personal lines. I submitted it to my commercial CAR carrier, and they sent it back saying it was under 10,000 pounds and individually owned. Then, I sent it to MAIP carrier, and they sent it back, too. I already stamped it up with my commercial carrier’s stamp, and the vehicle is registered. Here is a picture of the vehicle. What do I do?
1. Answer …You’re right. No way is this personal lines. While I realize that GM refers to it as a (Cutaway) Van, the only remnants of a van are the cab and the chassis. Once a van has been substantially changed, it is no longer considered a van. The same is true of a truck. If you had a pickup truck which you had retrofitted with a dump body or a wrecker body, it is no longer a pickup truck and no longer eligible for a personal auto policy.
Case Studies
10/2/2016
42
1. Answer …So, as far as this vehicle is concerned:
A. It is NOT a commercial motor vehicle under the provisions of the Federal Motor Carrier Safety Regulations – because it has a GVWR of 10,000 pounds or less.
B. It IS a commercial motor vehicle under the Registry of Motor Vehicles plate definitions because it is:
(b) Any vehicle which has five or more wheels on the ground; and
Case Studies
1. Answer …
(h) A vehicle used to transport or store goods, wares or merchandise intended for sale in the ordinary course of the vehicle operator’s or owner’s business, provided that if the vehicle is owned by an individual, has a maximum load carrying capacity of 1,000 pounds or less, and is so used on only a part-time basis, such vehicle shall not be deemed a commercial vehicle under this paragraph (h). “Part-time basis” shall mean that not more than forty percent of the total usage of the vehicle is devoted to the transporting or storing of good, wares or merchandise; and
It is NOT eligible for a personal auto policy because it is NOT a van. It IS a commercial vehicle and must be insured as such.
Case Studies
10/2/2016
43
1. Answer …I also feel that I must say that your commercial carrier should NOT have just returned the application and deposit. For the company to say that the law gives them the right to refuse to issue a policy in certain circumstances is ridiculous. You ARE the company by virtue of your contract to write insurance for them. You have binding authority, and you DID write the policy. Whether you were right or wrong in taking the application and stamping the registration is NOT the issue. The issue is that you bound the company in good faith, and the company has no choice but to issue legal notice of cancellation. And YOU were right!
Case Studies
2. Question …One of our insureds, who is a landscaper driving a truck with a GVWR over 10,000 pounds, has been stopped and ticketed. It appears that if a vehicle is over this weight that there are DOT and signage regulations with which he must comply. Also, we have noticed several dealers completing the GVWR on the RMV-1 as 10,000 pounds, yet the actual Certificate of Origin indicates 11,200 pounds. Do you know of these regulations? How can we obtain a copy? Please advise.
Case Studies
10/2/2016
44
2. Answer …The Federal Motor Carrier Safety Act (FMCSA) requires that any vehicle over 10,000 pounds GVWR involved in interstate commerce is a “commercial vehicle.” Some of the provisions of the FMCSA require DOT numbers, signage, a commercial driver’s license (CDL), medical cards, random alcohol and substance testing, etc. depending on vehicle size, weight and usage. Unless you want to become an “expert” on the regulations, I would suggest that you not try to advise your client on these issues, since fines for non-compliance are HUGE. You might want to suggest that your client consult a specialist on compliance.
Case Studies
2. Answer …There are two such companies that I know of in Massachusetts: Fleet Safety Services, Inc. http://fleet-safety.com12 Harvard Street - Worcester, MA 01609Phone: 800-215-2490Fax: 508-831-7611
The Transportation Advisor, Inc.http://transportationadvisor.comP.O. Box 558 - Palmer MA 01069Local: 413-283-8385Toll Free: 800-608-8890
Case Studies
10/2/2016
45
2. Answer …That said, it looks like:
A. If these landscapers are operating in Massachusetts as well as any other state, it IS a commercial motor vehicle under the provisions of the Federal Motor Carrier Safety Regulations – because it has a GVWR of more than 10,000 pounds. This means that the vehicles must have DOT numbers, vehicle markings, and medical cards for all drivers – at the very least! In addition:
Case Studies
2. Answer …1. a CDL license and random alcohol and substance
testing COULD be required if the landscaper is carrying any hazardous materials or substances; and
2. Driver logs COULD be required if the driver is traveling over a one (49 CFR 395) hundred (100) air mile radius from his/her base of operation crossing state lines.
You may find the Commercial Motor Vehicle chart available at http://www.massagent.com/info/mcchart2014.pdf helpful. It highlights the various compliance issues for vehicles with a GVWR of 10,001 pounds to 26,000 pounds and for vehicles weighing over 26,000 pounds.
Case Studies
10/2/2016
46
2. Answer …It’s also important to note that Massachusetts has adopted the Federal Motor Carrier Safety Regulations.
• Code of Massachusetts Regulations-540 CMR Registry of Motor Vehicles14.00: Motor Safety and Hazardous Material Transportation
• 14.01: Purpose540 CMR 14.00 is adopted by the Registrar of Motor Vehicles pursuant to M.G.L. c. 90, s. 31, to establish rules and regulations governing the use and operation of certain motor vehicles, trailers and commercial motor vehicles, and motor carrier safety and the transportation of hazardous materials by motor carriers in both intrastate and interstate commerce upon the public ways of the Commonwealth of Massachusetts.
Case Studies
2. Answer …540 CMR 14.00 is adopted to reduce the number and severity of accidents and hazardous materials incidents involving commercial vehicles, consistent with the Federal Motor Carrier Safety Regulations and the Federal Hazardous Materials Regulations issued by the United States Department of Transportation.
• So … Most of the Federal Motor Carrier Safety Regulations also apply to commercial vehicles involved in intrastate commerce.
Case Studies
10/2/2016
47
2. Answer …One last thing … the dealer may think he is doing your client a favor by “fibbing” on the GVWR of the vehicle. I assure you that it’s NO favor. Since MA has adopted the Federal Motor Carrier Safety Regulations as its own, any vehicle with commercial plates would be subject to the periodic “weigh stations” set up on some of our highways.
He would be “bagged big-time” for not having the vehicle registered for the GVWR of the manufacturer and not complying with 540 CMR 14.00. And, if he’s involved in interstate commerce with that vehicle, he’d find out VERY quickly that the federal inspectors have NO sense of humor!
Case Studies
3. Question …My client came into the office to let us know that he will be driving for Uber. We insure him in personal lines. He wants to know if his policy will cover him while he has the Uber app open and when he is giving someone a ride through the Uber app.
Case Studies
10/2/2016
48
3. Answer …The MA Personal Auto Policy does NOT cover your insureds when they are using their vehicle as a Transportation Network Vehicle because the vehicle is being used as a “public or livery conveyance.” Currently, the only coverage option for Transportation Network Company Drivers is the Taxi/Limo/Car Service program through CAR which requires vehicles to have a taxi or livery plate. As far as the proper type of registration is concerned, a regulatory change occurred on 1/2/15 permitting TNC Drivers to have passenger plates which makes TNC vehicles ineligible for the Taxi/Limo/Car Service program. The Ride-Sharing Chart in the appendix may be helpful.
Case Studies
3. Answer …Private Passenger Motor Vehicle, is any vehicle: (a) which has a vehicle weight rating or curb weight of 6,000 lbs. or less as per manufacturer's description of said vehicle or is a sport utility vehicle or passenger van; or which is a pickup truck or cargo van of the ½ TON, ¾ TON or one TON class as per manufacturer's description of said vehicle; or which is a vehicle used solely for official business by any college or university police department whose officers are appointed as special police officers by the colonel of the state police under M.G.L. c. 22C, § 63; and, (b) which, if a pickup truck or cargo van, is registered or leased to an individual, and is used exclusively for personal, recreational, or commuting purposes; and, (c) which, other than a Personal Transportation Network Vehicle, is not described in elsewhere in 540 CMR 2.05.
96
Case Studies
10/2/2016
49
4. Question/Answer …Your customer purchased a new crew cab pickup truck to tow a horse trailer to take his daughter’s horse to dressage events. The truck has dual rear wheels and a GVWR of 10,600 lbs. The pickup truck has symbol 18 assigned to it. What does he need? a. He needs a personal policy and personal plates.b. He needs a personal policy and commercial plates.c. He needs a commercial policy and commercial plates.BUT … because the truck is over 10,000 lbs., it also needs a commercial vehicle inspection at a cost of $35 plus the standard shop rate for the time it takes to conduct the inspection!
Case Studies
5. Question …Our insured, a sole proprietor, wants to register a new van. She is a florist who does delivery. Her other vehicles were always registered under her personal name –commercial plates & commercial policy. The Dealer told her she can’t do that anymore. Do you know if she can still register under her name? It’s advantageous for her to continue to do so, as the dump in her home town requires her registration to be in her personal name in order to get a dump sticker. We haven’t run into issues, so far, sending RMV-1s to the Registry for Comm. Plates w/sole proprietor’s name listed as the owner.
Case Studies
10/2/2016
50
5. Answer …I have no clue what the dealer is talking about. There is nothing that would prohibit her from registering the van in her personal name with commercial plates and a commercial policy (since it would not qualify for a personal policy since the delivery is NOT incidental to her occupation of installing, maintaining or repairing furnishing or equipment – flowers are not furnishings or equipment). The RMV will not allow a vehicle to be registered in a dba name, so there is no choice but to put it in her individual name.
Case Studies
5. Answer …A sole proprietor is an individual who owns an unincorporated business. Unlike an incorporated company, a sole proprietor is not required to register with the Secretary of the Commonwealth.Characteristics • A sole proprietor may or may not have a Federal Identification
Number (FID). • The unincorporated business name used by a sole proprietor is
referred to as “Doing Business As” (DBA), or trade name. • If a sole proprietor has an FID number, he or she may choose to
register a vehicle under that FID, or he/she may decide to simply register the vehicle as any ordinary individual would – under his/her name and license number.
Case Studies
10/2/2016
51
5. Answer …• Note: Since a DBA is not an incorporated business entity,
vehicles cannot be registered or titled under the DBA business name. Instead, vehicles must be owned and registered under the sole proprietor’s (i.e. the individual’s) name using the FID number.
• Required Documentation for Registration and/or Titling • As part of the Registration Residency Requirement for
individuals, a sole proprietor who is registering a vehicle with an FID number must provide his/her SSN on the application.
Case Studies
5. Answer …• If Customer has a FID Number and SSN the following
documents are required: • Title or MCO, and supporting documentation, signed over to
the individual • RMV-1 that lists the individual owner name on
Corp/Co/Organization Name block and the FID number in the EIN/FID # block
• The SSN must be listed in the Owner License #/ID#/or SSN • Proof of FID which agrees with the paperwork, if the Sole
proprietor has not previously been entered
Case Studies
10/2/2016
52
5. Answer …• If Customer does not have a FID Number the following documents are
required: • Title or MCO, and supporting documentation, signed over to the individual • RMV-1 must list the individual owner name on the Owner 1 name block and the
driver license number in the Owner 1 License field • RMV Use: When adding an FID to ALARS (on the RNM screen) for the first
time for a sole proprietor, the SSN must also be added. If the sole proprietor cannot provide an SSN, the transaction cannot be processed as a sole proprietor transaction and instead, the customer will need to register the vehicle as an individual and meet the residency requirement for individuals.
Case Studies
6. Question …I have a client who is forming a corporation and would like to transfer the vehicles he owns personally and uses in his business (a dba). What does he need to do?
Case Studies
10/2/2016
53
6. Answer …In order to register the vehicle in the name of the new corporation, the corporation must be registered with the Massachusetts Secretary of the Commonwealth. In addition, the following materials are required:a. Title or MCO and supporting documentation signed over
to the new corporationb. RMV-1 that lists the corporation’s name on the
Corp/Co/Organization Name block and the corporation’s FID number in the EIN/FID # block
c. Proof of FID number
Case Studies
6. Answer …• Documents that Prove FID: Any IRS-created form or correspondence
that includes• Company Name, Address and FID/EIN Number
• Commonly Accepted Proof of FID Documents:• Federal Tax Deposit Coupon - Form 8109 • Form 147C • Notice of New Employer ID Number Assigned - Form 5372 • CP 575 Notice (issued by the IRS). This is a letter sent to
customers to confirm issuance of a FID number. • Any other IRS form or letter that has the customer’s information
printed by the IRS, not by the customer, and that includes company name, address, and FID/EIN number
• Certificate of Exemption - Form ST-2 (issued by DOR)
Case Studies
10/2/2016
54
Case Studies
Case Studies
10/2/2016
55
Case Studies
Case Studies
10/2/2016
56
Case Studies
6. Answer …Before you can actually go to the branch to register the vehicle, you must fax the Articles of Incorporation and one of the acceptable forms to the RMV’s FID Department at 857.368.0819 in order to get the new corporation added to ALARS. You can search the URN (Registration Scroll Screen) to be sure the corporation has been added. If not, you can follow up with the FID Department by calling 857.368.7026. In order for the transaction to be tax-exempt, your client must make the change within 90 days of the formation of the new corporation using the MVU-25 form.
Case Studies
10/2/2016
57
6. Answer …The RMV recently released a new FID User Guide to help businesses determine their registration options. The guide gives the characteristics, required documentation for registration and titling, procedures for changing an address and proof of FID for sole proprietorships, general partnerships, incorporated companies, trusts and foreign corporations. Here is a link to the FID User Guide:
http://www.massagent.com/info/fiduserguide.pdf
Case Studies
7. Question …A. If a client has a bobcat skid steer at a store parking lot for plowing that is not registered and he hits a parked car or person or building, it is covered under the general liability policy correct? The registry said he couldn’t register it because it doesn’t have a steering wheel so it can’t be added to an auto policy so it would just be general liability right?
Case Studies
10/2/2016
58
7. Question …B. He also has a backhoe at another parking lot location for plowing that he is going to register but he bought it at an auction in NH and it doesn’t have a title or anything it is 15,000 lbs. So he contacted the owner of the backhoe and that person never titled it or registered it either but does have the certificate of origin from when he bought it. So our client said his lawyer said if he had the certificate of origin from the original owner and a bill of sale he could register it. Is this correct? Second part of this question is while he is using it in the store parking lot to plow if he hits a vehicle or building or person is that liability covered under his general liability policy? Or does he have to have it registered and the liability for one of those type losses be automobile?
Case Studies
7. Question …C. He also bought a 24,000 lb. flatbed trailer at an auction in NH and it didn’t have a title or anything just a bill of sale, so of course the registry wouldn’t register it. The registry said he had to bring the trailer back to the auction house and they had to register it in NH and get the Vin# cleared through the state police then he could bring the NH registration and bill of sale and get it registered here. The auction house had delivered it to our insured’s premises w/their dealer plate. Now he has to bring it back to the auction house in NH. He wants to know if he can put one of his other trailer plates on it to bring it back to NH. He said his lawyer said he had a grace period of 2 weeks that he could drive it around by putting one of his other trailer plates on it and be insured and not get in trouble. Is this accurate?
Case Studies
10/2/2016
59
7. Answer …A. Donna McKenna: According to my contact at the RMV, a bobcat (skid steer) can be registered with commercial plates or snow plow plates if it’s used for plowing. In fact, if it’s used in a parking lot where the public has a right of access, it should be registered. Parking lots are really not considered private property.Irene Morrill: The 2004, 2007, 2013 CGL; 2006, 2010, 2010 BOP and the 2006, 2010 and 2013 BAP states that the definition of auto is: “Auto" means:
a. A land motor vehicle, trailer or semitrailer designed for travel on public roads, including any attached machinery or equipment; or
Case Studies
7. Answer …b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance law in the state where it is licensed or principally garaged.
However, "auto" does not include "mobile equipment".
SO … According to RMV … it IS subject to MVR … thus financial responsibility and is NOT mobile equipment … but is “auto” when doing this so BAP is needed … the proper symbol is 19.
Case Studies
10/2/2016
60
7. Answer …19 Mobile
Equipment Subject To Compulsory Or Financial Responsibility Or Other Motor Vehicle Insurance Law Only
Only those "autos" that are land vehicles and that would qualify under the definition of "mobile equipment" under this policy if they were not subject to a compulsory or financial responsibility law or other motor vehicle insurance law where they are licensed or principally garaged.
Case Studies
7. Answer …B. Donna McKenna: I’m going to have to check on this one. Is the owner from NH and has it always been in NH? If it has always been in NH, even though it was never registered, I believe it should have been titled. The NH title law requires vehicles under 15 years of age to be titled. If the owner was the original purchaser, he may be able to title it if need be and then sign the title over to your client. Again, a vehicle used for plowing in a parking lot to which the public has a right of access should be registered and insured.Irene: Same answer for me … too
Case Studies
10/2/2016
61
7. Answer …C. Donna McKenna: There is NO two week grace period. If he traded or sold his old tractor and bought this as a replacement, he MIGHT have been able to use the seven day law to attach the trailer plate for the vehicle he sold or traded in … BUT, since he does not have the title to the vehicle, it would be illegal to attach his or anybody else’s trailer plate. How old is the flatbed? Is it over 15 years? Was it ever registered by the prior owner? Unless you can show the paper trail of ownership for this trailer and prove that it doesn’t need a title, your client is going to have to try to track down the proper paperwork. I’ll defer to Irene for answers to the insurance part of your questions.
Case Studies
7. Answer …C. Irene Morrill: A trailer is an auto … if it is owned … which it appears to be … it MUST be on a BAP … if the load capacity is over 2000 lbs. A newly acquired “auto” is ONLY covered for 30 days from date of acquisition (this does NOT mean registration) – and then ONLY for THOSE coverages which currently apply to all owned vehicles …
Case Studies
10/2/2016
62
8. Question …I have a customer with a 2006 Ford F350 pickup that is insured on a commercial auto policy with a PAN plate. He will be using this truck to tow a large trailer that will carry a backhoe. He has been told that to pull such heavy equipment, he must trade his PAN for a CON plate. This sounds right since the combination weight of truck/trailer & equipment is more than 26,100 lbs. Does he need a CON plate?
Case Studies
8. Answer …I think he probably always needed commercial plates on the pickup if he was using it in his business and carrying “stuff” on the bed to a jobsite. Now, he not only needs a commercial plate, but I think he needs a CDL if the combined weight rating of the pickup and trailer (loaded) is over 26,000 lbs. And, if he is operating in more than one state, he’ll need DOT numbers and more.See Commercial Motor Vehicle Chart.
Case Studies
10/2/2016
63
8. Answer …You must have a CDL to operate:• A single vehicle with a gross vehicle weight rating (GVWR) of
more than 26,000 pounds• A trailer with a GVWR of more than 10,000 pounds if the gross
combination weight rating is more than 26,000 pounds• A vehicle designed to transport more than 15 persons
(including the driver)• Any size vehicle which requires hazardous materials placards
Case Studies
Thanks for Attending!
• Remember I’m just a phone call or email away!
• You may reach me by phone at 800.972.9312 or 508.634.2900 or email at [email protected]
Com
mer
cial
Mot
or V
ehic
les
Defi
nitio
n: C
omm
erci
al m
otor
veh
icle
mea
ns a
ny s
elf-p
rope
lled
or to
wed
mot
or v
ehic
le u
sed
on a
hig
hway
in in
ters
tate
com
mer
ce to
tran
spor
t pa
ssen
gers
or p
rope
rty
whe
n th
e ve
hicl
e --
(1
)H
as a
gro
ss v
ehic
le w
eigh
t rat
ing
or g
ross
com
bina
tion
wei
ght r
atin
g, o
r gro
ss v
ehic
le w
eigh
t or g
ross
com
bina
tion
wei
ght,
of 4
,536
kg
(10,
001
poun
ds) o
r mor
e,w
hich
ever
is g
reat
er; o
r(2
)Is
des
igne
d or
use
d to
tran
spor
t mor
e th
an 8
pas
seng
ers
(incl
udin
g th
e dr
iver
) for
com
pens
atio
n; o
r(3
)Is
des
igne
d or
use
d to
tran
spor
t mor
e th
an 1
5 pa
ssen
gers
, inc
ludi
ng th
e dr
iver
, and
is n
ot u
sed
to tr
ansp
ort p
asse
nger
s fo
r com
pens
atio
n; o
r(4
)Is
use
d in
tran
spor
ting
mat
eria
l fou
nd b
y th
e Se
cret
ary
of T
rans
port
atio
n to
be
haza
rdou
s un
der 4
9 U
.S.C
. 510
3 an
d tr
ansp
orte
d in
a q
uant
ity re
quiri
ng p
laca
rdin
gun
der r
egul
atio
ns p
resc
ribed
by
the
Secr
etar
y un
der 4
9 CF
R, s
ubtit
le B
, cha
pter
I, s
ubch
apte
r C.
Vehi
cles
wit
h a
GV
WR
of 1
0,00
1—26
,000
lbs
DO
T Re
gist
ratio
n
Requ
ired
Com
mer
cial
Driv
er L
icen
se
N
ot R
equi
red*
Vehi
cle
Mar
king
s Re
quire
d—In
add
ition
to le
gal
na
me
and
USD
OT
#, th
ere
are
new
sp
ecia
l mar
king
s re
quire
men
ts fo
r tru
cks
mak
ing
deliv
erie
s an
d pa
rkin
g in
pu
blic
are
as in
NYC
— th
e ve
hicl
e m
ust h
ave
the
owne
r’s n
ame
in
addi
tion
to th
e le
ssee
’s
Spec
ial S
afet
y Eq
uipm
ent a
nd
New
MA
Com
mer
cial
Veh
icle
In
spec
tions
In
spec
tion
requ
ired
in li
eu o
f Fe
dera
l Ann
ual I
nspe
ctio
n w
ith
copy
of i
nspe
ctio
n re
port
in v
ehic
le
Med
ical
Cer
tifica
te &
Re
quire
d to
be
carr
ied
by d
river
Va
lid D
river
’s Li
cens
e
Subs
tanc
e &
Alc
ohol
Test
ing
Not
Req
uire
d*
Fina
ncia
l Res
pons
ibili
ty
Requ
ired
of fo
r-hi
re m
otor
car
riers
tr
ansp
ortin
g pr
oper
ty in
ters
tate
—
See
49 C
FR 3
87
*Exc
eptio
ns: V
ehic
les
carr
ying
pla
card
able
am
ount
s of
haz
ardo
usm
ater
ials
and
veh
icle
s ca
rryi
ng 1
6 pa
ssen
gers
(inc
ludi
ng d
river
)
Vehi
cles
wit
h a
GV
WR
of 2
6,00
1 lb
s or
hig
her
DO
T Re
gist
ratio
n Re
quire
d
Com
mer
cial
Driv
er L
icen
se
Requ
ired
with
app
ropr
iate
lice
nse
clas
s fo
r veh
icle
siz
e an
d w
eigh
t
Vehi
ce M
arki
ngs
Requ
ired
- In
addi
tion
to le
gal n
ame
and
USD
OO
T#, t
here
are
new
spe
cial
m
arki
ngs
requ
irem
ents
for t
ruck
s m
akin
g de
liver
ies
and
park
ing
in p
ublic
ar
eas
in N
YC --
the
vehi
cle
mus
t hav
e th
e ow
ner’s
nam
e in
add
ition
to th
e
less
ee’s
Spec
ial S
afet
y Eq
uipm
ent a
nd
New
MA
Com
mer
cial
Veh
icle
Insp
ectio
ns
Insp
ectio
n re
quire
d in
lieu
of
Fede
ral A
nnua
l Ins
pect
ion
with
co
py o
f ins
pect
ion
repo
rt in
veh
icle
Med
ical
Cer
tifica
te &
Re
quire
d to
be
carr
ied
by d
river
Driv
er’s
Lice
nse
Subs
tanc
e &
Alc
ohol
Test
ing
Requ
ired
- inc
ludi
ng s
cien
tifica
lly
base
d ra
ndom
test
ing
plus
test
ing
for
pre-
empl
oym
ent,
post
-acc
iden
t and
ot
her s
ituat
ions
Fina
ncia
l Res
pons
ibili
ty
Requ
ired
of fo
r-hi
re m
otor
car
riers
tr
ansp
ortin
g pr
oper
ty in
ters
tate
See
49 C
FR 3
87
2014
Edi
tion
64
Hou
rs o
f Ser
vice
Rul
es
PRO
PERT
Y-CA
RRYI
NG
DRI
VER
11-H
our D
rivin
g Li
mit
May
driv
e a
max
imum
of 1
1 ho
urs
afte
r 10
cons
ecut
ive
hour
s off
dut
y.
14-H
our L
imit
May
not
driv
e be
yond
the
14th
con
secu
tive
hour
aft
er c
omin
g on
dut
y,
follo
win
g 10
con
secu
tive
hour
s off
dut
y. O
ff-du
ty ti
me
does
not
ext
end
the
14-h
our p
erio
d.
Rest
Bre
aks
May
driv
e on
ly if
8 h
ours
or l
ess
have
pas
sed
sinc
e en
d of
driv
er’s
last
off-
duty
or
sle
eper
ber
th p
erio
d of
at l
east
30
min
utes
. Doe
s no
t app
ly to
driv
ers
usin
g ei
ther
of t
he s
hort
-hau
l exc
eptio
ns in
395
.1(e
). [4
9 CF
R 39
7.5
man
dato
ry “i
n at
tend
ance
” tim
e m
ay b
e in
clud
ed in
bre
ak if
no
othe
r dut
ies
perf
orm
ed]
60/7
0-H
our L
imit
May
not
driv
e af
ter 6
0/70
hou
rs o
n du
ty in
7/8
con
secu
tive
days
. A d
river
m
ay re
star
t a 7
/8 c
onse
cutiv
e da
y pe
riod
afte
r tak
ing
34 o
r mor
e co
nsec
utiv
e ho
urs
off d
uty.
Mus
t inc
lude
two
perio
ds fr
om 1
a.m
. to
5 a.
m. h
ome
term
inal
tim
e, a
nd m
ay
only
be
used
onc
e pe
r wee
k, o
r 168
hou
rs, m
easu
red
from
the
begi
nnin
g of
th
e pr
evio
us re
star
t.
NO
TICE
: The
Con
solid
ated
and
Fur
ther
Con
tinui
ng A
ppro
pria
tions
Act
of
2015
was
ena
cted
on
Dec
embe
r 16,
201
4, s
uspe
ndin
g en
forc
emen
t of r
e-qu
irem
ents
for u
se o
f the
34-
hour
rest
art.
For m
ore
info
rmat
ion
see
FMCS
A’s
Fede
ral R
egis
ter n
otic
e: w
ww
.fmcs
a.do
t.gov
/reg
ulat
ions
/hou
rs-s
ervi
ce/
hour
s-se
rvic
e-dr
iver
s
Slee
per B
erth
Pro
visi
onD
river
s us
ing
the
slee
per b
erth
pro
visi
on m
ust t
ake
at le
ast 8
con
secu
tive
hour
s in
the
slee
per b
erth
, plu
s a
sepa
rate
2 c
onse
cutiv
e ho
urs
eith
er in
the
slee
per b
erth
, off
duty
, or a
ny c
ombi
natio
n of
the
two.
PASS
ENG
ER-C
ARR
YIN
G D
RIVE
RS
10-H
our D
rivin
g Li
mit
May
driv
e a
max
imum
of 1
0 ho
urs
afte
r 8 c
onse
cutiv
e ho
urs
off d
uty
15-H
our L
imit
May
not
driv
e af
ter h
avin
g be
en o
n du
ty fo
r 15
hour
s, fo
llow
ing
8 co
nsec
utiv
e ho
urs
off d
uty.
Off-
duty
tim
e is
not
incl
uded
in th
e 15
-hou
r per
iod.
60/7
0-H
our L
imit
May
not
driv
e af
ter 6
0/70
hou
rs o
n du
ty in
7/8
con
secu
tive
days
.
Slee
per B
erth
Pro
visi
onD
river
s us
ing
a sl
eepe
r ber
th m
ust t
ake
at le
ast 8
hou
rs in
the
slee
per b
erth
, an
d m
ay s
plit
the
slee
per b
erth
tim
e in
to tw
o pe
riods
pro
vide
d ne
ither
is le
ss
than
2 h
ours
.
Susp
ende
d
65
Priva
te P
asse
nger
l Plat
e Def
initi
on
A pr
ivate
pass
enge
r moto
r veh
icle f
or re
gistra
tion p
urpo
ses i
s any
vehic
le:
(a)w
hich h
as a
vehic
le we
ight r
a ting
or cu
rb w
eight
of six
thou
sand
poun
ds or
less
as pe
rma
nufac
turer
's de
scrip
tion o
f said
vehic
le or
is a
spor
t utili
ty ve
hicle
or pa
ssen
ger v
an; o
rwh
ich is
a pic
kup t
ruck
or ca
rgo v
an of
the ½
TON
, ¾ T
ON or
1 TO
N cla
ss as
per
manu
factur
er's
desc
riptio
n of s
a id ve
hicle;
or w
hich i
s a ve
hicle
used
solel
y for
offic
ialbu
sines
s by a
ny co
llege
or un
iversi
ty po
lice d
epar
tmen
t who
se of
ficer
s are
appo
inted
assp
ecial
polic
e offic
ers b
y the
colon
el of
the st
ate po
lice u
nder
M.G
.L. c.
22C,
§ 63
; and
,
(b)w
hich,
if a pi
ckup
truc
k or c
argo
van,
is re
gist er
ed or
leas
ed to
an in
dividu
al, an
d is u
sed
exclu
sivel y
for p
erso
nal, r
ecre
ation
al, or
comm
uting
purp
oses
; and
,
(c)wh
ich, o
ther t
han a
Per
sona
l Tra
nspo
rtatio
n Netw
ork V
ehicl
e, is
not d
escri
bed i
nels
ewhe
re in
540 C
MR 2.
05.
The t
erms
plea
sure
vehic
le, pa
ssen
ger v
ehicl
e, pa
ssen
ger c
ar, a
utomo
bile a
nd pl
easu
re
pass
enge
r veh
icle a
re sy
nony
mous
with
Priv
ate P
asse
nger
Moto
r Veh
icle a
s defi
ned h
erein
. Fo
r the
avoid
ance
of do
ubt, t
he te
rm P
rivate
Pas
seng
er M
otor V
ehicl
e sha
ll inc
lude,
but n
ot be
syno
nymo
us w
ith, P
erso
nal T
rans
porta
tion N
etwor
k Veh
icle.
Sour
ce: 5
40 C
MR 2.
05
1/201
5
Priva
te P
asse
nger
Insu
ranc
e Def
initi
on
A pr
ivate
pass
enge
r auto
mobil
e for
insu
ranc
e pur
pose
s is:
A.A
motor
vehic
le of
the pr
ivate
pass
enge
r or s
tation
wag
on ty
pe th
at is
owne
d or
lease
d und
er co
ntrac
t for a
conti
nuou
s per
iod of
at le
ast tw
elve m
onths
by on
e or m
ore
indivi
duals
, exc
luding
(1) p
artne
rships
, (2 )
corp
orati
ons,
(3) u
ninco
rpor
ated b
usine
ssas
socia
t ions
, and
(4) o
ther le
gal b
usine
ss en
tities
with
a fed
eral
emplo
yer id
entifi
catio
nnu
mber
, and
is no
t use
d as a
pub li
c or li
very
conv
eyan
ce no
r ren
ted to
othe
rs. A
vehic
lewh
ich m
eets
the co
nditio
ns of
Ru le
31, r
egar
ding t
he tr
ansp
ortat
ion of
fello
wem
ploye
es, s
tuden
ts or
othe
rs for
cons
idera
tion,
is inc
luded
in th
is de
finitio
n, pr
ovide
dsu
ch ve
hicle
is no
t reg
ister
ed fo
r car
rying
pass
enge
rs for
hire
.
B.A
motor
vehic
le tha
t is a
pick-u
p or v
an, th
at is
owne
d or le
ased
unde
r con
tract
for a
conti
nuou
s per
io d of
at le
ast 1
2 mon
ths by
one o
r mor
e ind
ividu
als, e
xclud
ing (1
)pa
rtner
ships
, (2)
corp
orati
ons,
(3) u
ninco
rpor
ated b
usine
ss as
socia
tions
, and
(4) o
ther
legal
busin
ess e
ntitie
s with
a fed
eral
emplo
yer id
entifi
catio
n num
ber,
and
1.ha
s a gr
oss v
ehicl
e weig
ht ra
ting o
f less
than
10,00
0 pou
nds o
r has
a ve
hicle
ratin
g gro
up as
signe
d to i
t by t
he A
utomo
bile I
nsur
ers B
urea
u of M
A (A
IB),
and
2.is
not u
sed f
or th
e deli
very
or tr
ansp
ortat
ion of
good
s or m
ateria
ls un
less s
uch u
seis
incide
ntal to
the i
nsur
ed’s
busin
ess o
f insta
lling,
maint
aining
or re
pairin
gfur
nishin
gs or
equip
ment.
C.Gr
oss V
ehicl
e Weig
ht Ra
ting m
eans
the v
alue s
pecif
ied by
the m
anufa
cture
r as t
heloa
ded w
eight
of a s
ingle
vehic
le.
D.At
the o
ption
of th
e com
pany
, an e
ligibl
e veh
icle u
nder
this
rule
whos
e title
has b
een
trans
ferre
d to a
t rus
t may
be w
ritten
unde
r the
Mas
sach
usett
s Auto
mobil
e Ins
uran
cePo
licy,
subje
ct to
the fo
llowi
ng re
quire
ments
: the g
ranto
r of th
e tru
st mu
st be
anind
ividu
a l or
lawf
ully m
arrie
d ind
ividu
als re
siding
in th
e sam
e hou
seho
ld, an
d mus
t be
the on
ly ins
ured
(s) na
med i
n Item
1 of
the C
over
age S
electi
ons P
age.
All v
ehicl
e(s)
insur
ed un
der t
he po
licy m
ust b
e own
ed by
the t
rust.
A ve
hicle
owne
d by a
trus
t inwh
ich th
e gra
ntor is
a pa
rtner
ship
or co
rpor
ation
mus
t be w
ritten
unde
r a co
mmer
cial
auto
polic
y.
If a m
otor v
ehicl
e is l
ease
d as d
escri
bed i
n the
fore
going
para
grap
hs, a
nd th
e les
see i
s ob
tainin
g the
insu
ranc
e, the
polic
y mus
t be i
ssue
d to t
he le
ssee
as na
med i
nsur
ed an
d En
dorse
ment
M-00
70-S
, “Co
vera
ge F
or A
nyon
e Ren
ting A
n Auto
To Y
ou,”
must
be
attac
hed t
o the
polic
y.
Sour
ce: 2
014 M
A Pr
ivate
Pass
enge
r Auto
mobil
e Ins
uran
ce R
ules
66
Com
mer
cial P
late D
efin
ition
Comm
ercia
l Veh
icle,
in co
nnec
tion w
ith re
gistra
tion r
equir
emen
ts, is
any m
otor v
ehicl
e whic
h is
not a
priva
te pa
ssen
ger m
otor v
ehicl
e, pe
rsona
l tran
spor
tation
netw
ork v
ehicl
e, an
tique
mo
tor ca
r, mo
torcy
cle, tr
ailer
, sem
i-trail
er, a
uto ho
me, h
ouse
trail
er, ta
xicab
, amb
ulanc
e, he
arse
, live
ry ve
hicle,
bus,
scho
ol bu
s, or
scho
ol pu
pil tr
ansp
ort v
ehicl
e. Th
e foll
owing
are
exam
ples o
f com
merci
al ve
hicles
requ
iring c
omme
rcial
regis
tratio
n plat
es:
(a)A
ny ve
hicle
which
has a
vehic
le we
ight, o
r cur
b weig
ht, of
mor
e tha
n six
thous
and p
ound
s,as
per t
he m
anufa
cture
r’s de
scri p
tion o
f said
vehic
le, un
less s
uch v
ehicl
e is a
spor
t utili
tyve
hicle
or pa
ssen
ger v
an, o
r a pi
ckup
truc
k or c
argo
van m
eetin
g the
defin
ition o
f pr iv
atepa
ssen
ger v
ehicl
e;(b
)Any
vehic
le wh
ich ha
s five
or m
ore w
heels
on th
e gro
und;
(c)An
y pick
up tr
uck o
r car
go va
n, ow
ned b
y a pa
rtner
ship,
trus
t or c
orpo
ratio
n unle
ss su
chve
hicle
meets
the d
efinit
ion of
priva
te pa
ssen
ger m
otor v
ehicl
e;(d
)Any
pick
up tr
uck o
r car
go va
n, if o
n the
bed o
f the v
ehicl
e too
ls, su
pplie
s, ma
terial
s or
equip
ment
are t
rans
porte
d to o
r fro
m a j
ob si
te, or
are s
tored
for u
se at
a job
site;
prov
ided
that tr
ansp
ortat
ion to
or st
orag
e for
use a
t a pe
rsona
l pro
ject fo
r whic
h no c
ompe
n sati
on is
rece
ived s
hall n
ot be
cons
idere
d in c
onne
ction
with
the “
job si
te”;
(e)A
ny ve
hicle,
if on
the r
oof o
r side
s of th
e veh
icle,
tools,
supp
lies,
mater
ials o
r equ
ipmen
tar
e tra
nspo
rted t
o or f
rom
a job
site,
or ar
e stor
ed fo
r use
at a
job si
te; pr
ovide
d tha
ttra
nspo
rtatio
n to o
r stor
age f
or us
e at a
perso
nal p
rojec
t for w
hich n
o com
pens
ation
isre
ceive
d sha
ll not
be de
emed
in co
nnec
tion w
ith a
“job s
ite”;
(f)A
vehic
le wh
ich ha
s bus
iness
adve
rtisem
ents
or bu
sines
s mar
kings
ther
eon;
prov
ided
howe
ver t
hat m
arkin
gs lim
ited t
o the
name
, add
ress
, telep
hone
numb
er, a
nd lo
go of
any
corp
orati
on w
hose
perso
nal p
rope
rty is
exem
pt fro
m tax
ation
unde
r G.L.
Cha
pter 5
9, §5
,Cl
ause
Thir
d or T
enth
shall
not b
e con
sider
ed bu
sines
s adv
ertis
emen
ts or
busin
ess m
arkin
gsfor
purp
oses
of 54
0 CMR
2.05
;(g
)A ve
hicle
use d
for h
ire to
plow
;(h
)A ve
hicle
use d
for h
ire to
tran
spor
t or s
tore g
oods
, war
es or
mer
chan
dise,
prov
ided t
hat if
the ve
hicle
is ow
ned b
y an i
ndivi
dual,
has a
max
imum
load
carry
ing ca
pacit
y of 1
, 000 p
ound
sor
less
, and
is so
used
on on
ly a p
art-t
ime b
asis,
such
vehic
le sh
all no
t be d
eeme
d aco
mmer
cial v
ehicl
e und
er 54
0 CMR
2.05
(3)-c
omme
rcial
vehic
le (h
). “P
art-t
ime b
asis”
shall
mean
that
not m
ore t
han 4
0% of
the t
otal u
sage
of th
e veh
icle i
s de v
oted t
o the
tran
spor
ting
or st
oring
of go
ods,
ware
s or m
erch
andis
e.(i)
A ve
hicle
use d
to tr
ansp
ort o
r stor
e goo
ds, w
ares
or m
erch
andis
e inte
nded
for s
ale in
the
ordin
ary c
ourse
of th
e veh
icle o
pera
tor’s
or ow
ner’s
busin
ess,
prov
ided t
hat if
the v
ehicl
e is
owne
d by a
n ind
ividu
al, ha
s a m
axim
um lo
ad ca
rrying
capa
city o
f 1,00
0 pou
nds o
r less
, and
is so
used
on on
ly a p
art-t
ime b
asis,
such
vehic
le sh
all no
t be d
eeme
d a co
mmer
cial v
ehicl
eun
der 5
40 C
MR 2.
05(3
)-com
merci
al ve
hicle
(i). “
Part-
time b
asis”
shall
mea
n tha
t not
more
than f
orty
perce
nt of
the to
tal us
age o
f the v
ehicl
e is d
evote
d to t
he tr
ansp
ortin
g or
storin
g of g
oods
, war
es or
mer
chan
dise
Sour
ce 54
0 CMR
2.05
1/2
015
Com
mer
cial P
olicy
Elig
ibilit
y
This
secti
on ap
plies
to al
l truc
ks, in
cludin
g pick
up, p
anel
and v
an ty
pes,
truck
-trac
tors,
traile
rs an
d sem
itraile
rs ex
cept
for th
e foll
owing
:
A.Au
tos us
ed fo
r pub
lic tr
ansp
ortat
ion. R
efer t
o the
publi
c tra
nspo
rtatio
n sec
tion.
B.Au
tos le
ased
or re
nted t
o othe
rs by
leas
ing or
renta
l con
cern
s. Re
fer to
the l
easin
gor
renta
l con
cern
s rule
in th
e Sp e
cial T
ypes
Sec
tion.
C.Ind
ividu
ally o
wned
pick
ups,
pane
l truc
ks or
vans
. Refe
r to t
he P
rivate
Pas
seng
erAu
tomob
ile In
sura
nce M
anua
l.D.
Self-p
rope
lled v
ehicl
es w
ith th
e foll
owing
type
s of p
erma
nentl
y atta
ched
equip
ment.
Refer
to th
e spe
cial o
r mob
ile eq
uipme
nt ru
le.1.
Equip
ment
desig
ned p
rimar
ily fo
r:a.
Snow
remo
val
b.Ro
ad m
ainten
ance
, but
not c
onstr
uctio
n or r
esur
facing
;c.
Stre
et cle
aning
;2.
Cher
ry pic
kers
and s
imila
r dev
ices m
ounte
d on a
utomo
bile o
r tru
ck ch
assis
and u
sed t
o rais
e of lo
wer w
orke
rs.3.
Air c
ompr
esso
rs, pu
mps a
nd ge
nera
tors,
includ
ing sp
rayin
g, we
lding
, buil
ding
clean
ing, g
eoph
ysica
l exp
lorati
on, li
ghtin
g and
we ll
servi
cing e
quipm
ent.
Sour
ce: M
assa
chus
etts C
omme
rcial
Autom
obile
Insu
ranc
e Man
ual
67