Section 13.08 - Additional Requirements for Horse Drawn Carriages and Horse Safety(1) No Horse Drawn Carriage shall be permitted to operate unless a valid license plate is issued by the Commissioner and said plate is attached to the rear of the carriage.(2) Each Horse Drawn Carriage shall have a card permanently, legibly and conspicuously affixed to the carriage which shall contain the current Horse Drawn Carriage License number, business name, passenger capacity, schedule of rates if applicable, and name and phone number of the Licensee and state the following: "THIS HORSE, CARRIAGE AND DRIVER ARE LICENSED BY THE COMMONWEALTH OF MASSACHUSETTS. THEY ARE INSPECTED BY THE DEPARTMENT OF PUBLIC SAFETY IN ACCORDANCE WITH M.G.L. c. 22, § 20. REPORT ANY PUBLIC SAFETY CONCERNS TO THE DEPARTMENT OF PUBLIC SAFETY at 617-727-3200 or by email: dpsinfo@massmail.state.ma.us.
(3) No Horse Drawn Carriage shall be drawn by more than one horse simultaneously unless designed as a multi-hitch vehicle and licensed as such.(4) Each Horse Drawn Carriage shall have wheels that spin freely.(5) Each Horse Drawn Carriage shall be equipped with a device to catch manure. The device shall not be affixed to any part of the horse's body and shall be emptied at least after every second use. Curb stands shall be washed free of urine as often as needed.(6) Each Horse Drawn Carriage shall have in good working order the following: electric turn signals, tail lights, and front lights that are visible from 500 feet. Lights shall be used during the period between one hour after sunset to one hour before sunrise as well as any period when visibility is poor.(7) Each Horse Drawn Carriage shall have reflective white material placed along the length of the shafts of the carriage, which normally parallel the body, head, and legs of the horse.(8) Each Horse Drawn Carriage shall have reflectorized slow moving emblem on the rear of the carriage of a size no smaller than 12"x12"x12". The emblem shall be kept clean and in good repair.(9) Harness, bridles, breaching bits, and padding shall be appropriately sized, cleaned and adjusted daily for each horse before use and shall be kept clean and in good repair.(10) Harnesses shall be kept oiled and cleaned so as to be supple at all times. Harnesses shall be kept free of makeshift repairs such as, but not limited to, wire, rope, and weak and rusting chains.(11) Horse Drawn Carriages shall be curbed for work in areas designated by standard red and white state used regulatory signs. Such designated curbed space is subject to prior approval from local authorities. These regulatory signs shall read: "CARRIAGE HORSE AREA EXERCISE CAUTION"
Designated curb space shall provide protection from extremes of weather, as seasonally appropriate, including but not limited to shade during hot months, protection from high winds, and be blanketing in cold months. Reasonable care shall be taken to protect horses, carriages and passengers from traffic. Passengers shall be picked up and discharged only at areas designated as a "CARRIAGE HORSE AREA".
(12)Variance Procedure.(a) If the applicant believes that full compliance with 520 CMR 13.00 is overly burdensome, the applicant may apply to the Commissioner for a variance from 520 CMR 13.00. The burden is on the applicant to demonstrate in writing to the Department that the granting of the variance would not compromise public safety or otherwise undermine the purpose of 520 CMR 13.00. Application for variance shall be made on a form provided by the Department for this purpose, shall contain such information as is required by the Department, and shall be signed by the applicant.(b) Upon receipt of an application for a variance, the Commissioner or his or her designee may: 1. Grant the application with whatever conditions are deemed appropriate; or2. Deny the application without a hearing.(c) Any person aggrieved by this decision may file a request for an adjudicatory hearing with the Department within 30 days of receipt of the decision. All adjudicatory hearings shall be held in accordance with the provisions of M.G.L. c. 30A and 801 CMR 1.02: Informal/Fair Hearing Rules. Any person aggrieved by a decision made after a hearing may appeal to the Superior Court in accordance with M.G.L. c. 30A, § 14.