220 CMR, § 155.02

Current through Register 1536, December 6, 2024

Section 155.02 - General Regulations

(1)Preliminary Requirements. Every owner of a motor bus or motor buses to be operated on the public ways of the Commonwealth, doing an intrastate business either in whole or in part, shall conform to the law by obtaining licenses from the licensing authorities of each city and town in which the said bus or buses are to be operated. A certificate of public convenience and necessity from the Department must also be obtained. In applying for this certificate the applicant must file application in duplicate and specify the following:

(a) Name and business address of the owner.

(b) Termini of each route.

(c) Names of all cities and towns included in each route.

(d) Description of each route in detail by highways, and a map, plan or sketch showing the proposed route.

(e) Upon request of the Department a list of all bridges of ten feet or more clear span over which bus or buses are to operate.

(f) Motor buses to be operated with a description of each as follows:

1. Numbers of buses.

2. Make and type of buses.

3. Weight of heaviest bus to be operated.

4. Motor or vehicle identification numbers.

(g) Cities and towns in which owner has license, stating date of each license. (Attach certified copy of each license.)

(h) Date when operation is to begin.

Before a motor bus is put in operation, a motor bus permit shall be obtained from the Department. An application for a permit shall be filed by the owner on a form furnished by the Department. An inspection of the bus will be made upon receipt of the application. If required by any provision of M.G.L. c. 90, the bus shall be registered with the Registry of Motor Vehicles.

A motor bus permit is not transferable. It shall expire on September 30th of each year and be renewed unless earlier revoked or suspended by the Department. It shall be conspicuously posted on the bus for which it is issued. The decal shall be placed on the outside, right front of the vehicle passenger side and left of the front passenger door.

The Department shall charge a fee of $ 60.00 for the issuance of an original permit, and a fee of $ 40.00 for the annual renewal of such permit.

No bus, whether owned, rented, leased or loaned, shall be operated under any certificate or special or charter license or school service permits as provided for under M.G.L. c. 159A, and amendment thereto, unless a permit is issued by the Department for the operation of said bus under such certificate or special or charter license.

Any violation of the use of any permit will be deemed cause for suspension or revocation of said permit and/or the certificate or License under which the bus may be operated.

(2)Bridges. No motor bus shall be operated over any bridge or culvert after a determination that such bridge or culvert is unsafe.

(3)Rate Schedules. Every owner of a motor bus or bus line whose rates are subject to the jurisdiction of the Department shall file with the Department, and shall have plainly printed or typed and kept open to public inspection, schedules showing all rates, fares and charges for service of any kind rendered or furnished, or to be rendered or furnished, by him within the state, and all conditions and limitations, rules and regulations and other information in any manner affecting operations. No change shall be made in these schedules except after 30 days' notice to the Department and to the public, unless otherwise authorized by the Department.

(4)Rates Differing from Schedules. No owner of a motor bus or bus line shall directly or indirectly, render or furnish, or allow to be rendered or furnished any service at rates, fares or charges which differ from those filed with the Department. Free transportation shall be furnished to inspectors of the Department while engaged in the performance of their duties.

(5) Operation to Begin. Every owner of a motor bus or motor bus line, after receiving a certificate of public convenience and necessity, shall begin operation over such route or routes designated in the certificate not later than 30 days after receiving said certificate unless otherwise authorized by the Department.

(6) Time Schedule. Every owner of a motor bus or motor buses shall establish a schedule or schedules showing regular time of arrival and departure of buses at the termini and principal points on the route or routes over which they operate. Unless otherwise ordered by the Department, no change shall be made in an established regular service without 14 days notice to the public and the Department except as to added service. Schedules and changes to be made shall be fully described in a notice posted in terminals and in all buses operated over the affected route by the company. No schedule shall require a speed which in the judgment of the Department is unsafe or unreasonable.

(7) Discontinuance of Service. Any discontinuance of service on a bus line for a period of 24 hours or more shall be reported to the Department, together with the cause for the same. Any discontinuance of service found by the Department to be avoidable shall be cause for the revocation of the certificate issued by the Department. The Department may, after a hearing, revoke a certificate for failure to render service or failure to operate routes described in a certificate for a period exceeding six months.

(8) Books, Returns and Reports. The owner of a motor bus shall annually, within the time prescribed by the Department, transmit to the Department a 'return for the preceding calendar year. Such return shall be sworn to by the owner or treasurer and chief accounting officer of the owner and shall contain full and complete information upon the several items contained therein. The accounts, records and memoranda of the owner shall be kept in such form as may be prescribed by the Department. All such accounts, maintenance records, repair records, and memoranda shall be subject to inspection at any time by the Department or its authorized representatives, and shall be permanently preserved unless the Department shall otherwise provide.

(9) Accidents. The owner of a motor bus which is involved in any accident resulting in loss of life or serious personal injury or considerable property damage shall forthwith report said accident to the Department. The report of such accident shall include the following information:

(a) Name and address of owner.

(b) The time and the place of accident.

(c) The name, license and certificate numbers of the driver.

(d) Registration number of bus.

(e) The bus and permit numbers.

(f) The name or names and addresses of all persons killed or injured.

(g) The number of passengers, if any, in the bus.

(h) A complete report of the accident.

(10)Drivers' Certificates

(a)General Requirements. The driver of a motor bus shall be at least 18 years of age and must obtain a motor bus driver's certificate from the Department, in addition to obtaining a properly classified operator's license issued by the Registrar of Motor Vehicles. They shall carry with them while on duty, their operator's license and driver's certificate, and shall exhibit them on demand to any representatives of the Department, any police officer, inspector of motor vehicles, or any other authorized person. Effective February 25, 1994, motor bus drivers' certificates, for drivers who may not transport school children, need not be renewed as long as the driver holds a CDL with passenger endorsement and valid medical certificate. Effective January 1, 1991, motor bus drivers' certificates for drivers transporting school children shall expire on the anniversary of the operator's date of birth occurring in 1991, and application for renewal shall be filed annually. Motor bus driver certificates and school bus driver certificates held by drivers 70 years of age expire the day before the 70th birthday, and may be renewed by compliance with 220 CMR 155.02(10)(e) every six months. The certificate issued to an operator born on February 29th shall, for purposes of 220 CMR 15.02, expire on March 1st. When drivers change their home address, they shall notify the Department in writing within seven days of such change. If the operator's license issued by the Registrar of Motor Vehicles is revoked, suspended or not renewed, the motor bus driver's certificate shall be returned immediately to the Department accompanied by a statement of reasons. A motor bus driver's certificate may, after a hearing, be revoked or suspended for cause.

(b)Fee. The Department shall charge a fee of $ 10.00 for the examination for such certificate, $ 20.00 for the issuance of the original certificate. The Department shall charge $ 20.00 for each year the license is renewed. The Department shall charge $ 10.00 for each six months the license is renewed for an over-70 driver. If a license is lost, a duplicate license may be issued for the fee of $ 10.00.

(c)Departmental Examination. New applicant or applicants who have not held a motor bus driver's certificate for four preceding years will not be granted a certificate until they have passed an examination satisfactory to an inspector of the Department as to the competency to safely operate the type of motor bus or buses they may be required to drive. Upon application for the motor bus certificate, the Department shall review the applicant's Registry of Motor Vehicles driving record.

(d)Requirements of a Motor Bus Driver to Operate a School Bus Transporting Children to and from School. As required by M.G.L. c. 90 §, 8A, the holder of a motor bus driver's certificate who intends to drive a school bus carrying children to and from school must be certified as having satisfactorily completed the driver training program, and must present a satisfactory record, based on a Criminal Offender Record Investigation (CORI). Certification of training must be provided to the Department by the applicant.

(e)Physical Examination. New applicants or applicants who have not held a motor bus driver's certificate for two years shall not be granted a certificate until they have satisfactorily passed a physical examination. All persons holding a motor bus driver's certificate shall have a physical examination within not less than three months before the expiration and renewal of the license. No person shall drive nor shall any motor carrier require or permit any person to drive any motor vehicle unless such person has been examined and certified by a licensed doctor of medicine, osteopathy, or licensed chiropractor. Every motor carrier shall have in its files at its principal place of business for every driver, a copy of the aforesaid certificate. Drivers who have reached 70 years of age shall, at that time, satisfactorily pass a physical examination and twice in each year thereafter, in intervals of not less than three nor more than six months as in accordance with requirements established by the Department.

(f)Requirements of Non-renewal Certificate Holders. Every motor bus operator holding a bus driver certificate not requiring renewal must provide to the carrier every 24 months, or more frequently if required by the carrier, a copy of a Registry of Motor Vehicles driving record. In addition, the holder of a bus driver certificate shall have a physical examination every 24 months and shall provide a copy of the physical examination form to the carrier.

(11)Safe Operation. The driver of a motor bus shall at all times conform to the laws of the road as defined by statute and regulation. The driver shall not operate at a speed greater than is reasonable and proper having regard to the traffic and the use of the way and the safety of the public. The driver shall keep the bus under control at all times and be ready for any emergency that may arise. All doors shall be kept closed while the bus is in motion.

(12)Hours of Service. No owner of a motor bus shall cause or allow any driver to drive a motor bus for more than ten hours in any period of 24 consecutive hours, unless such driver be afforded eight consecutive hours of rest immediately following the ten hours aggregate drive.

(13)Attention to Duty.

(a)Generally. No driver of a motor bus shall collect fares, make change, receive or discharge passengers while such bus is in motion: nor shall they have a lighted cigarette, lighted cigar, or lighted pipe in their possession while any passenger is being carried therein, nor drink any intoxicating beverage, nor take any drug or medication which would adversely affect their driving ability. A carrier may prohibit smoking by passengers and erect signs to that effect. If smoking is allowed, a section of the bus shall be designated for that purpose and proper signs shall be erected. A driver shall not use personal or citizen band radios other than company-installed radios which are limited to company or official use.

(b)Use of Electronic Device by Massachusetts Bay Transportation Authority Operators.

1.Purpose and Scope. 220 CMR 155.02(13)(b) is applicable to motor bus drivers employed by the Massachusetts Bay Transportation Authority (Transportation Authority).

2.Definitions.

Operator means a Transportation Authority Bus Operator who is on duty and on his or her bus.

Electronic Device means wireless or portable electronic handheld equipment that may be hands-free or not. This includes, but is not limited to, cellular telephones, smart phones, two-way pagers, portable internet devices, MP3 players, iPods, Bluetooth devices or any headphones or earbuds of any type, and any other portable electronic devices.

3.Use or Possession of Electronic Device While on Duty. An Operator is prohibited from using or having in his possession an Electronic Device while the Operator is on duty and on his or her motor bus. The Electronic Device cannot be anywhere on the Operator's person or property, such as pocketbook or other belongings. The Electronic Deice cannot be on the vehicle he or she is operating. The Operator cannot give the Electronic Device to another person on the motor bus, whether or not that person is a Transportation Authority employee.

The Operator is prohibited from any use of any Electronic Device while on duty, including, but not limited to, telephoning, checking the time, texting, playing games, reading, e-mailing, or listening to music.

(14)Stops. Any driver of a motor bus, unless prevented by conditions beyond their control, shall always stop at the right side of a highway or in an area provided for receiving and discharging passengers, or the best possible location where passengers may depart safely from the bus. The driver shall announce all regular stops.

(15)Descending Grades. Before descending a long steep grade, the driver of a motor bus shall make a test application of the brakes. The driver shall then downshift to the proper gear to keep the bus in safe control while a descent is made.

(16)Riding Outside. Passengers or other persons shall not be allowed to ride on bumpers, steps or fenders of a motor bus.

(17)View of Driver. The driver of a motor bus must not allow passengers to occupy positions in the bus which will obstruct his clear view ahead or on either side.

(18)Driver Leaving Bus. No driver of a motor bus shall leave said bus without locking the ignition and setting the ratchet or other holding brake device. Chock blocks shall be used as required pursuant to 220 CMR 155.03(3).

(19)Highway-rail Crossings. The driver of a motor bus, upon approaching a highway-rail crossing at grade, shall bring the bus to a stop at a point clear of the railroad track, but not more than 50 feet or closer than 15 feet from the track. The driver shall open the door while the bus is stopped and determine whether the way is clear before crossing. Before proceeding, the driver shall close the door. Gear changes shall not be made while passing over a highway-rail crossing at grade.

(20)Dimensions and Weight of Buses. No motor bus shall be operated on public ways within the Commonwealth whose overall length exceeds 45 feet for a motor coach or whose overall length exceeds 60 feet for an articulated bus, or whose outside width shall exceed 102 inches, including tires, provided that such width may be further exceeded by the lateral projections of mirrors or other devices on a bus or a school bus so long as such mirrors or devices will not increase the outside width of such motor vehicles above 112 inches and provided that such mirrors or such other devices are so mounted as not to constitute a hazard to pedestrians on or adjacent to any public way. Excepted from 220 CMR 155.02(20) are those dimensions in excess of the above which are permitted by local authority or M.G.L. c. 90, §§ 1 and 19.

(21)Strength of Buses. Every motor bus shall be so constructed and maintained as to have ample strength in the judgment of the Department to safely carry its maximum load. The Department may from time to time require that proof of certain strength tests be submitted by the carriers or manufacturer.

(22)Maintenance. Every motor bus shall be maintained in a safe and sanitary condition and shall, at all times, be subject to the inspection of the Department and its duly authorized representatives. All maintenance records, repair records, and memoranda shall be subject to inspection at any time by the Department or its authorized representatives, and shall be preserved for a period of 12 months unless the Department shall otherwise provide. The equipment shall in all cases be in conformity with the provisions of M.G.L. c. 90 and 49 CFR 396.3.

(23)Reserve Equipment. The owner of a motor bus shall provide sufficient reserve equipment to insure the reasonable maintenance of established routes and schedules.

(24)Lock and Key. Every motor bus shall be provided with an ignition lock and key, or other security device, to prevent it from being set in motion by unauthorized persons.

(25)Seats and Aisles.

(a) Vehicles shall conform to the requirements of M.G.L. c. 90 and the regulations of the Registrar of Motor Vehicles. (540 CMR)

(b) The use of portable or aisle seats is forbidden.

(c) Aisles and doorways shall be kept clear of all obstructions.

(d) The seating capacity in any motor bus shall not be changed without notification to the Department. Buses in which such changes have been made shall not be operated until inspected and approved by the Department.

(26)Standees. Passengers in excess of 25% above the seating capacity of a motor bus shall not be habitually carried where the inside length of the bus is less than 23 feet, or the inside height is less than 74 inches, or the width of the aisle is less than 16 inches. Passengers in excess of 40% above the seating capacity of a motor bus shall not habitually be carried where the dimensions are in excess of the foregoing. Where the number of passengers regularly exceeds these excess numbers of passengers, it shall be the duty of the owner to furnish additional vehicles to carry such passengers. In no event shall standing passengers be carried for a distance in excess of 20 miles. All standees on the bus must stand behind the standee line.

(27)Trailer. No motor bus shall be operated with a trailer.

(28)Baggage and Express. No express or baggage matter shall be carried in a motor bus which would cause discomfort or inconvenience to passengers or interfere with the safety of operation. Motor buses transporting hazardous material are subject to the regulations and restrictions of 49 CFR 397.

(29)Bus Windows. No owner and/or operator shall display ad wrap material on passenger side windows of a motor bus.

(30)Buses Exempt from Certain Rules. Motor vehicles operated under a certificate of public convenience and necessity, License, or permit issued by the Department, may, upon application, be exempted from 220 CMR 155.00 as the Department may determine.

(31)Application of Rules and Regulations. The foregoing rules and regulations for the operation of motor buses are for general application and are subject to such changes and modifications as the Department may, from time to time, deem advisable. They are also subject to exceptions as the Department may consider just and reasonable upon application of a carrier.

(32)Penalty. The violation of any of the foregoing rules shall be cause for the revocation of the certificate, License, permit, motor bus permit or driver's certificate, issued by the Department in accordance with the provisions of M.G.L. c. 159A, § 15.

(33)Certificates and Permits. Certificates and permits shall be issued, signed by the Chairman of the Commission or by a person so designated by the Chairman. The Department may suspend or revoke a certificate or permit for cause after a hearing. The Director of the Transportation Division may suspend a permit or certificate for the protection of the public safety pending a hearing.

(34)Additional Rules by Owner of Motor Bus. Nothing contained in 220 CMR 155.00 shall be construed as prohibiting any motor carrier from enforcing additional rules and regulations relating to safety of operation, not inconsistent with 220 CMR 155.00, tending to a greater degree of precaution against accidents.

220 CMR, § 155.02