700 CMR, § 7.02

Current through Register 1531, September 27, 2024
Section 7.02 - Definitions

The following terms and their grammatical counterparts are used in 700 CMR 7.00 as described in 700 CMR 7.02:

Abandoned Vehicle refers to a vehicle other than a disabled vehicle left on a way with neither the operator nor another responsible individual present.

Acceleration Lane refers to a special travel lane on a way that facilitates a change of speed by a vehicle entering a travel lane.

Account Holder is an E-ZPass MA or Pay By Plate customer who uses the EZDrive MA system in accordance with applicable rules, regulations and/or terms and conditions.

ALPR shall mean Automatic License Plate Recognition which are automated computer processes that identify a license plate number, state from which the license plate was issued, and/or license plate type using optical character recognition or similar software.

Apportioned Vehicle refers to a motor vehicle bearing a valid number plate with an "apportioned" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number plate.

Articulated Bus refers to the term "articulated bus" as defined in M.G.L. c. 90, § 1.

Auto Home refers to the term "auto home" as defined in M.G.L. c. 90, § 1.

Automobile Transporter refers to the term "automobile transporter" as defined in M.G.L. c. 90, § 1. A tractor-trailer or semi-trailer unit capable of transporting fully-assembled automobiles or other types of cargo within the enclosed trailer in a tractor-trailer unit or within the enclosed semi-trailer in a semi-trailer unit is not an "automobile transporter" for the purposes of 700 CMR 7.02.

Axle refers to a supporting structure, upon which a pair or pairs of wheels revolve, that may be included between two parallel transverse vertical planes forty inches apart extending across the full width of the supported vehicle.

Balance Due refers to the amount shown on invoices and/or other notices, which includes the amount due for tolls, fines, and other fees owed to MassDOT for use of the Massachusetts Turnpike, MHS, or MassDOT owned or MassDOT approved facilities.

Boat Transporter refers to the term "boat transporter" as defined in M.G.L. c. 90, § 1.

Boston Extension refers to the roadways and tunnels for vehicular traffic as defined in M.G.L. c. 6C, § 1.

Boston Extension Tunnel refers to the vehicular tunnel consisting of two roadways separated by a median under the air rights project between Dalton Street and Clarendon Street, including Interchange 22, in the city of Boston, and any additional area that the Department designates as such.

Breakdown Lane refers to a paved lane on a way to the right of the travel lanes and separated from them by a solid line.

Bridge Gross Weight Formula refers to the formula and definitions of terms set out in 700 CMR 7.07(3)(b).

Bus refers to a motor vehicle bearing a valid number plate with a "bus" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number plate.

Callahan Tunnel refers to the tunnel for vehicular traffic as described and defined in M.G.L. c. 6C, § 1.

Car Pool Vehicle refers to a private passenger motor vehicle, not for public hire, carrying three or more occupants.

Chief Engineer refers to the Chief Engineer of the Department or an employee or employees of the Department designated by the Chief Engineer to carry out one or more of the responsibilities assigned to the Chief Engineer in accordance with 700 CMR 7.00.

Clerk means MassDOT employees, hearing examiners, or persons employed by or under contract with MassDOT or its EZDrive MA system contractor, designated by MassDOT to review and to perform functions related to EZDrive MA such as processing transactions, invoicing, disputes, appeals and hearings, and to administer and/or enforce collections or other liabilities and tasks associated with the EZDrive MA system.

Commercial Vehicle means any Motor Vehicle which is not a Private Passenger Motor Vehicle displaying a private passenger registration number plate issued by the Massachusetts Registrar of Motor Vehicles or other jurisdictions or an equivalent number plate and is not a Motorcycle displaying a Motorcycle registration number issued by the Massachusetts Registrar of Motor Vehicles or other jurisdictions or an equivalent number plate.

Creeper Lane refers to a special travel lane on a way provided for vehicles that cannot maintain the required rate of speed over travel lanes.

Cross-over refers to an area in a median used by a vehicle authorized in accordance with 700 CMR 7.09(10)(b) to cross a median.

Deceleration Lane refers to a special travel lane on a way that facilitates a change of speed by a vehicle leaving a travel lane.

Department or MassDOT refers to the Massachusetts Department of Transportation created by M.G.L. c. 6C.

Department Vehicle refers to a vehicle owned by the Department and operated by one of its employees or a Massachusetts State Police officer.

Disabled Vehicle refers to a vehicle on a way that is incapable of movement under its own power or as to which movement is inadvisable because of a flat tire, mechanical breakdown, or other malfunction. A disabled vehicle is not an abandoned vehicle, provided that it is not stopped on a way for a period of more than two hours and that the Massachusetts State Police have been notified that the vehicle is disabled.

Equivalent Number Plate refers to a type of number plate issued by the Registrar or department of motor vehicles or similar official or department of another jurisdiction in accordance with the law of that jurisdiction that is equivalent in function and designation to the specific type of number plate issued by the Massachusetts Registrar of Motor Vehicles that 700 CMR 7.00 requires a vehicle registered in Massachusetts to display.

Explosive refers to any chemical compound, mixture, or device, the primary or common purpose of which is to function by explosion, i.e., with substantially instantaneous release of gas and heat.

EZDrive MA is the cashless, automated system installed on or operating with respect to the Massachusetts Turnpike, MHS, a way, or at other MassDOT owned or MassDOT approved facilities for the purpose of collecting tolls, fares, fees, fines or other transactions as determined by MassDOT. The EZDrive MA system consists of EZ-Pass MA and Pay By Plate.

EZ-Pass MA Equipped Motor Vehicle shall mean a motor vehicle properly equipped with and using a valid electronic device, such as a transponder, that MassDOT, or its EZDrive MA system contractor has issued or authorized for the purpose of transmitting information to the EZDrive MA system for collecting tolls, fares, fines, fees or other transactions electronically

EZ-Pass MA shall mean the electronic toll collection system installed on or operating with respect to the Massachusetts Turnpike, a way, or at other MassDOT owned or MassDOT approved facilities for the purpose of collecting tolls, fares, fines, fees or other transactions through an electronic device, such as a transponder, as determined by MassDOT.

Fullmount refers to a smaller vehicle mounted completely on the frame of either the first or last vehicle in a saddlemount combination.

Gross Vehicle Weight Rating refers to the term "gross vehicle weight rating", as defined in M.G.L. c. 90, § 1.

Hazardous Material refers to the term "hazardous material", as defined in 49 CFR Parts 171 through 173 and 177.

Hearse refers to a motor vehicle bearing a valid number plate with a "hearse" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number plate.

Heavy Commercial Vehicle refers to a vehicle in excess of 2.5 tons that is used for the transportation of goods, wares, or merchandise.

High Occupancy Vehicle refers to a bus, a car pool vehicle, a pupil vehicle, a school bus, or a vanpool vehicle.

Hot List refers to a list of specific license plates and/or transponder numbers provided or identified by law enforcement to MassDOT pursuant to the standards and procedures in 700 CMR 7.05(8).

House Trailer refers to the term "house trailer", as defined in M.G.L. c. 90, § 1.

Interchange refers to a location that provides entry to and/or exit from a way.

Irreducible Load or Vehicle refers to a load or vehicle exceeding applicable weight or length limitations under 700 CMR 7.07 that, if separated into smaller loads or vehicles, would compromise the intended use of the vehicle, i.e., make it unable to perform the function for which it was intended; destroy the value of the load or vehicle, i.e., make it unusable for its intended purpose; or require more than eight work hours to dismantle using appropriate equipment.

Irreducible Load Permit refers to a permit that the Department issues for use of a way in accordance with 700 CMR 7.07(3)(c)1. or (4)(c)1.

Lane refers to a longitudinal strip of roadway of sufficient width to accommodate the passage of a single line of vehicles, whether or not the bounds of the lane are indicated by pavement markings or longitudinal construction joints.

Large Tandem Unit refers to a tandem unit in which either the semi-trailer or trailer exceeds 28 feet in length.

Large Tandem Unit Permit refers to a permit that the Department issues in accordance with 700 CMR 7.08.

Late Fee is assessed by MassDOT on unpaid tolls and/or other transactions that have not been paid in full by the Payment Due Date shown on an invoice or notice.

Livery Vehicle refers to a motor vehicle bearing a valid number plate with a "livery" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number plate.

Marking refers to a line, legend, or other medium or device that is painted or placed by or at the direction of the Department on the surface of a way.

Massachusetts State Police Officer refers to a state police officer assigned to the Department under the provisions of M.G.L. c. 22C, § 29.

MassDOT or Department refers to the Massachusetts Department of Transportation created by M.G.L. c. 6C.

Median refers to the area separating traffic moving in opposite directions on a way.

Metropolitan Highway System (MHS) refers to the highway system that consists of the Boston Extension, the Callahan Tunnel, the Central Artery, the Central Artery North Area, the Sumner Tunnel, and the Ted Williams Tunnel, as defined in M.G.L. c. 6C, § 1.

Motorcycle refers to the term "motorcycle" as defined in M.G.L. c. 90, § 1.

Motor Vehicle refers to the singular of the term "motor vehicle" as defined in M.G.L. c. 90, § 1.

Non-revenue Vehicle refers to an official vehicle of the Department and any other vehicle that the Department designates as such.

Official Emergency Vehicle refers to an official police, fire, or health services vehicle of Massachusetts or any of its municipalities, political subdivisions, or instrumentalities.

Official Vehicle of the Department refers to a motor vehicle of a member, officer, or employee of the Department or of a person engaged in the performance of duties in connection with the operation of a way.

On The Go (OTG) is a prepaid toll payment option through use of a transponder or other electronic device issued by MassDOT or its EZDrive MA contractor, for use with the EZDrive MA system, and said device has not been registered with MassDOT or other agency or entity that has toll collection reciprocity with MassDOT.

Operator refers to an individual who operates a motor vehicle.

Over-size Vehicle refers to a vehicle or vehicle combination that exceeds the maximum size designated for a vehicle or vehicle combination of its type as specified in 700 CMR 7.07(4)(a).

Over-weight Vehicle refers to a vehicle that exceeds the maximum weight designated for a vehicle of its type as specified in 700 CMR 7.07(3) and/or 7.08(4).

Parked Vehicle refers to a vehicle that is stopped or standing, whether occupied or not, except that a vehicle is not a parked vehicle if it has stopped temporarily because its movement is obstructed, the operator is following the direction of a Massachusetts State Police officer or a sign, or because it is a disabled vehicle.

Parking refers to the stopping or standing of a parked vehicle.

Pay By Plate (PBP) refers to the EZDrive MA payment option where photographic or video images of vehicles and license plates are used to either post toll transactions to a Registered Pay By Plate account or for obtaining the name and address of the registered owner of the vehicle from the Registry of Motor Vehicles/Department of Motor Vehicles (RMV/DMV) or other means, for purposes of collecting tolls, fees, fines, and other debts owed.

Pay By Plate Invoice refers to an itemized statement issued to a vehicle's registered owner of record or responsible party, where applicable, which provides a summary of toll usage, tolls due, balance, late and other fees, fines, penalties, and other amounts due associated with toll or other transactions, as well as payments made, and/or credits.

Pay By Plate Notice of Non-payment (NONP) is a statement issued to a vehicle's registered owner of record, or other responsible party, where applicable, when any portion of the Balance Due from the Pay By Plate Past Due Invoice is outstanding after the Pay By Plate Past Due Invoice Payment Due Date. The NONP may include any previous Balance Due and any current tolls, fees, fines, penalties and other amounts due, as well as payments made, credits, and/or other transactions.

Pay By Plate Notice of Liability (NOL) is a statement issued to a vehicle's registered owner of record when any portion of the Balance Due from the NONP is outstanding after the NONP Payment Due Date. The NOL may include any previous Balance Due and any current tolls, fees, fines and penalties, as well as payments made credits, and/or other transactions. The NOL demands immediate payment of NOL Balance Due.

Pay By Plate Past Due Invoice refers to a statement issued to a vehicle's registered owner or other responsible party, where applicable, when any portion of the Balance Due from the Pay By Plate Invoice is outstanding after the Pay By Plate Invoice Payment Due Date. Pay By Plate Past Due Invoice may include any previous Balance Due and any current tolls, fees, fines, penalties, and other amounts due, as well as payments made, credits, and/or other transactions.

Pay By Plate Registered Account refers to a payment option whereby a vehicle and its corresponding license plate is provided by the customer to be listed on an account for collecting tolls, fees, fines or other transactions as determined by MassDOT.

Payment Due Date is the date on which a payment must be received by MassDOT in accordance with an E-ZPass MA or Pay By Plate invoice or notice issued by MassDOT in order to avoid additional fees, fines, and/or penalties.

Person refers to an individual, firm, co-partnership, association, corporation, or other legal entity.

Private Passenger Motor Vehicle refers to the term "private passenger motor vehicle" as defined by the Registrar of Motor Vehicles in 540 CMR 2.05: Vehicle Registration Requirements.

Pupil Vehicle refers to a motor vehicle bearing a valid number plate with a "pupil" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number plate.

Qualified Towing Contractor refers to a qualified emergency road-service provider having a service contract with the Massachusetts State Police in accordance with 700 CMR 7.12(2)(c)3.

Recreational Vehicle refers to a private passenger motor vehicle that provides living accommodations for persons or an apportionable vehicle designed or converted and used exclusively for personal pleasure or travel by an individual or the individual's family.

Reducible Load refers to any load or object including the vehicle whose gross weight or dimensions can be practically reduced to a lesser gross weight or dimension as determined by the Chief Engineer.

Reducible Load Permit refers to a permit that the Department issues to an owner or lessee of a vehicle for which the chief engineer has issued a valid reducible load permit in accordance with 700 CMR 7.07(3)(c)3.

Registered Owner refers to a person registered by the Massachusetts Registrar of Motor Vehicles in accordance with M.G.L. c. 90, § 2, at the time of a violation of 700 CMR 7.03, 7.04, or 7.12 as the owner of the vehicle involved in the violation or who is so registered by the Registrar or department of motor vehicles or similar official or department of another jurisdiction in accordance with the law of that jurisdiction.

Roadway refers to that portion of a way consisting of travel lanes, including acceleration lanes and deceleration lanes, creeper lanes, and ramps or approaches to toll plazas.

Saddlemount Combination refers to a combination of vehicles in which a truck or tractor tows one or more trucks or tractors, each connected by a saddle to the frame or fifth wheel of the vehicle in front of it. The saddle is a mechanism that connects the front axle of the towed vehicle to the frame or fifth wheel of the vehicle in front of the towed vehicle and functions as a fifth wheel kingpin connection. When two vehicles are towed in this manner, the combination is called a double saddlemount combination, and, when three vehicles are towed in this manner, the combination is called a triple saddlemount combination.

School Bus refers to a motor vehicle bearing a valid number plate with a "school bus" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number.

Semi-trailer refers to the term "semi-trailer" as defined in M.G.L. c. 90, § 1. Semi-trailer unit refers to the term "semi-trailer unit" as defined in M.G.L. c. 90, § 1.

Service or Rest Area refers to an area that the Department designates along a way for the purpose of providing travelers on the way rest or refreshment or to provide services for vehicles using the way.

Shoulder refers to that part of the paved surface of a way lying outside solid traffic lines.

Sign refers to a sign, lights, signal, barrier, marker, marking, cone, barrel, or similar device or indicator, whether the means of display or indication is mechanical, electrical, acoustical, or another means, that the Department deploys or causes to be deployed for the purpose of regulating traffic, parking, or other activity on a way.

Small Tandem Unit refers to a tandem unit in which either the semi-trailer or trailer does not exceed 28 feet in length.

Small Tandem Unit Permit refers to a permit that the Department issues in accordance with 700 CMR 7.07(3)(c)4.

Special Fuel refers to a liquefied petroleum gas, including propane, butane, LP Gas or LPG, a liquefied natural gas or LNG, and a compressed natural gas or CNG, and hydrogen.

Special Fuel Transportation Permit refers to a permit that the Department issues allowing a vehicle transporting a special fuel to travel on certain portions of a way in accordance with 700 CMR 7.07(6).

Special Permit refers to an irreducible load permit, a large tandem unit permit, a small tandem unit permit, a reducible load permit, a special permit for explosives, or a special fuel transportation permit.

Special Permit for Explosives refers to a permit that the Department issues allowing a vehicle transporting explosives to travel on certain portions of a way in accordance with 700 CMR 7.07(5).

Special Vehicle refers to a vehicle that is not otherwise a commercial vehicle or high-occupancy vehicle and that the Department designates as authorized to use the Tunnels in furtherance of a purpose or need consistent with the public welfare or necessity and with the safe and efficient use of the Tunnels.

Sumner Tunnel refers to the tunnel for vehicular traffic as defined in M.G.L. c. 6C, § 1.

Tandem Axles refers to two or more consecutive axles whose centers can be included between parallel transverse vertical planes spaced not less than 40 and not more than 96 inches apart, extending across the full width of the vehicle.

Tandem Unit refers to the term "tandem unit" as defined in M.G.L. c. 90, § 1.

Taxi refers to a motor vehicle bearing a valid number plate with a "taxi" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number plate.

Ted Williams Tunnel refers to the system of roadways, bridges, viaducts and tunnels for vehicular traffic as defined in M.G.L. c. 6C, § 1.

Toll shall mean the amount assessed by MassDOT for passage over the Massachusetts Turnpike and MHS.

Tractor refers to the non-cargo carrying power unit that operates in combination with a semi-trailer or trailer, except that the power unit of a semi-trailer unit engaged in the transportation of automobiles is also a tractor notwithstanding its use to carry motor vehicles.

Traffic refers to vehicles, either singly or together, using any portion of a way for the purpose of travel.

Traffic Control Signal refers to a device using colored lights whereby traffic may alternately be directed to slow down and proceed with caution, to stop, or to proceed.

Trailer refers to the term "trailer" as defined in M.G.L. c. 90, § 1.

Transponder refers to an electronic device used for the collection of tolls, fines, or other fees as determined by MassDOT.

Travel Lane refers to a lane used by traffic for ordinary travel.

Truck refers to a motor vehicle designed to carry goods.

Tunnels refers to all Tunnels owned and operated by the Department, Metropolitan Highway System Tunnels, including but not limited to the Callahan, Sumner, Ted Williams, Boston Extension as defined in M.G.L. c. 6C, § 1, including the roadway referred to as the Prudential Tunnel, I-90, I-93, and the Central Artery North Area (CANA) Tunnels, individually or collectively, including their access and egress ramps, each of which is a way.

Turnpike refers to the term "turnpike" as defined in M.G.L. c. 6C, § 1.

U-turn refers to the backing or turning of a vehicle whereby its direction is reversed.

Vanpool Vehicle refers to a motor vehicle bearing a valid number plate with a "vanpool" designation issued by the Massachusetts Registrar of Motor Vehicles or an equivalent number plate.

Vehicle refers to a device in, upon, or by which individuals or property are or can be transported upon a way.

Vehicle Combination refers to any attached combination of a motor vehicle and vehicle or vehicles.

Vehicle Height refers to the height of a vehicle, including its load.

Vehicle Length refers to the length of a vehicle or vehicle combination, including its load and load-holding devices, but exclusive of safety and energy-conservation devices such as refrigeration units and air compressors, heating units, wind deflectors, flexible fender extensions, mud flaps and splash and spray suppressant devices, or other device that the Department determines is necessary for safe and efficient operation, provided that any such device is mounted, and extends beyond the nominally allowed length, in a manner and to the extent that the Department determines, and provided further that the device is not designed or used to carry cargo.

Vehicle Weight refers to the gross weight of a vehicle, including its load.

Vehicle Width refers to the width of a vehicle, including its load, but exclusive of load-induced tire bulge, rear view mirrors, turn signal lamps, hand holds for cab entry or egress, mud flaps and splash and spray suppressant devices, or other device that the Department determines is necessary for the safe and efficient operation of the vehicle, provided that any such device is mounted, and extends beyond the nominally allowed width, in such manner and to such extent as the Department determines, and provided further that in no event may such a device extend more than three inches beyond the maximum vehicle width on each side.

Way is defined as the Turnpike, the Metropolitan Highway System, tunnels, a service or rest area, that is located on property owned or controlled and under the jurisdiction of the Department, and includes the areas appurtenant to said way that are necessary for the operation, construction and maintenance of the way.

700 CMR, § 7.02

Amended by Mass Register Issue 1324, eff. 10/21/2016.
Amended by Mass Register Issue 1384, eff. 2/8/2019.
Amended by Mass Register Issue 1467, eff. 4/15/2022.