Compliance and Audit of Records of Commercial Motor Carriers

(1) Every motor carrier operating in intrastate or interstate commerce, or both, upon the public ways of the Commonwealth of Massachusetts shall comply with: (a) the Federal Regulations adopted by the Registrar and referenced in 540 CMR 14.00; (b) M.G.L. c. 90, §§ 2, 3, 9, and 10 relative to operator licensing and registration of commercial vehicles; (c) M.G.L. c. 85, § 2B and M.G.L. c. 90, §§ 19L and 31 and relative to the transportation of freight, passengers or hazardous materials; (d) M.G.L. c. 90F relative to the operation of commercial vehicles; and (e) any other applicable state statute or regulation pertaining to the operation of commercial motor vehicles. (2) In order to ensure compliance with the provisions of M.G.L. c. 85, § 2B and M.G.L. c. 90, §§ 19L and 31 and the provisions of 540 CMR 14.00, an authorized officer or officers of the Department of State Police or inspectors authorized by the Registrar, may enter the commercial premises owned or leased by a commercial carrier for the purpose of conducting a compliance review as described in M.G.L. c. 90, § 19L. The review shall be made during regular business hours at the place where the records are required to be maintained and stored. The officer or officers may reasonably inspect the records for the purpose of enforcing the statutes and regulations. If the officer or officers are satisfied that records in the possession of the carrier contain evidence of violations of the statutes or regulations, the officer or officers may make copies of the records on copying equipment in the possession of the carrier. If the carrier refuses to allow copying on its equipment or if operable copying equipment is not available, the inspecting officer or officers shall make reasonable arrangements to have the documents copied and have the costs assessed to the carrier. (3) At a minimum, a motor carrier, whether engaging in intrastate or interstate operation, must maintain records in the regular course of business that comply with: (a) 49 CFR Part 387 relating to minimum levels of financial responsibility for a motor carrier engaged in interstate or foreign commerce or intrastate commerce; (b) 49 CFR Parts 383, 391, and 392 relating to driver qualification files, including all required forms; (c) 49 CFR Part 382 relating to drug and alcohol testing records, as applicable; (d) 49 CFR Part 395 relating to hours of service; (e) 49 CFR Parts 393 and 396 relating to vehicle inspection reports filed by the driver and maintenance records of the vehicle; (f) 49 CFR Parts 171 through 180 relating to hazardous materials records, as applicable; and (g) 49 CFR Part 390.15 relating to accident registers and copies of all accident reports required by state or other governmental entities or insurers. (4) In addition to the penalties established for violations contained in M.G.L. c. 90, § 19L (c), a carrier who fails or otherwise refuses to make documents available for review that are subject to a motor carrier compliance review, without good cause, is subject to action by the Registrar. When the Colonel of the State Police or his or her designated representative informs the Registrar, in writing, of such failure or refusal, the Registrar may initiate immediate action to revoke all motor vehicle and trailer registrations issued to the carrier, or in the discretion of the Registrar, he or she may limit the revocations to the vehicles which relate to the documents that the carrier has failed or refused to produce. Such action shall be taken pursuant to M.G.L. c. 90, § 22A. (5) Whenever the State Police have determined through a compliance review that a carrier engaged only in intrastate commerce is in violation of state law or regulations, it shall report such noncompliance to the Registrar with a copy to the Federal Motor Carrier Safety Administration.