Requirements for Driver (Operator) Licenses, Learner Permits and Identification Cards

(1) Purpose, Scope and Applicability. 540 CMR 2.06 is adopted by the Registrar of Motor Vehicles pursuant to M.G.L. c. 6C, § 56, c. 90, §§ 8, 8B, 8E and 31, and c. 90F, §§ 6 and 8 to establish uniform rules governing the issuance and use of, licenses to operate a motor vehicle, or learner’s permits, identification cards and licenses and learner’s permits to operate a commercial motor vehicle. “CFR” references are to the “Code of Federal Regulations.” (2) Definitions. (a) The definitions in M.G.L. c. 90, § 1 shall apply to 540 CMR 2.06. With regard to Commercial Driver’s License (CDL) matters, the definitions in M.G.L. c. 90F, § 1 shall also apply. If a definition in M.G.L. c. 90, 90F or 540 CMR 2.06 is inconsistent with the definition in 49 CFR Part 383, the definition in 49 CFR Part 383 shall apply. (b) The following definitions are also used in 540 CMR 2.06: Birth Certificate. 1. An original birth certificate or certified copy of the original birth certificate issued by a state or territory of the United States or any other jurisdiction; or 2. A record of birth issued by the State Office of Vital Records or the equivalent agency in the applicant’s state of birth. CDL. A Commercial Driver’s License issued in accordance with the standards contained in 49 CFR Part 383 and M.G.L. c. 90F, §§ 6 and 8 which authorizes an individual to operate a class of Commercial Motor Vehicle. CMV. Commercial Motor Vehicle as defined in M.G.L. c. 90F, § 1 for which a CDL is required to operate. Compliant. A license or identification card that meets federal REAL ID standards and can be used for federal identification. Credential. For purposes of 205 CMR 2.00, wherever the word “credential” appears it shall refer to either a REAL ID Massachusetts Driver’s License or Identification Card or a Standard Massachusetts Driver’s License or Identification Card Digital Image. A digital (photo) image of the face of the holder of the driver’s license or identification card. Driver’s (Operator) License. An original, renewal or duplicate license to operate a motor vehicle as issued by the Registrar under M.G.L. c. 90 or c. 90F in Class A, B, C, (Commercial licenses); D (Passenger vehicle license); or M (Motorcycle license). It includes a temporary license in any Class. A Class D license may be used to operate a motorized bicycle or a motorized scooter. A license in any Class may contain restrictions and/or endorsements. Driver Licenses are of two types: A driver’s (operator) license is issued in REAL ID compliant and Standard Massachusetts versions. 1. REAL ID Massachusetts Driver’s License, as defined in M.G.L. c. 90, § 1, is a driver’s license of any Class containing a digital image of the person to whom the license was issued, meets federal REAL ID standards and can be used for federal identification purposes. 2. Standard Massachusetts Driver’s License, as defined in M.G.L. c. 90, § 1, is a driver’s license of any Class containing a digital image of the person to whom the license was issued but does not meet federal REAL ID standards and cannot be used for federal identification purposes. FHWA. Federal Highway Administration. FMCSA. Federal Motor Carrier Safety Administration Full Legal Name. An applicant’s first, middle and last name or surname, and suffix if applicable, without the use of titles, initials or nicknames. Identification Card. An identification card issued to the person named in the document and issued under M.G.L. c. 90, § 8E. Identification cards are issued in REAL ID compliant and Massachusetts versions. 1. REAL ID Massachusetts Identification Card, as defined in M.G.L. c. 90, § 1, is an identification card containing a digital image of the person to whom the ID card was issued and meets federal REAL ID standards and can be used for federal identification purposes. 2. Standard Massachusetts Identification Card, as defined in M.G.L. c. 90, § 1, is an identification card containing a digital image of the person to whom the ID card was issued but does not meet federal REAL ID standards and cannot be used for federal identification. Lawful Presence. As defined in M.G.L. c. 90, § 1: 1. persons who have lawful status in the United States; or 2. documentation of lawful presence in the United States satisfactory to the Registrar, in consultation with the United States Department of Homeland Security (DHS). Lawful Status. A person in lawful status is a citizen or national of the United States; or an alien: 1. lawfully admitted for permanent or temporary residence in the United States; 2. with conditional permanent resident status in the United States; 3. who has an approved application for asylum in the United States or has entered into the United States in refugee status; 4. who has a valid nonimmigrant status in the United States; 5. who has a pending application for asylum in the United States; 6. who has a pending or approved application for temporary protected status (TPS) in the United States; 7. who has approved deferred action status; or 8. who has a pending application for lawful permanent residence (LPR) or conditional permanent resident status. Learner’s Permit. A restricted permit, issued under M.G.L. c. 90, § 8B, that allows a learning driver to operate a passenger motor vehicle (Class D) and also allows a person to operate a motorized bicycle or a motorized scooter; a restricted permit, also issued under M.G.L. c. 90, § 8B, that allows a learning rider to operate a motorcycle (Class M). A Class M permit can only be renewed after expiration if the applicant passes a new written test and has taken (and failed) at least one driving test while the original permit was valid. If an applicant for a renewal of his Class M permit fails two driving tests he must successfully complete a course of study at a rider training school approved by the Registrar before being able to schedule another driving test. Class M and Class D learner’s permits may have a period of validity of up to two years, but, in the case of a REAL ID-compliant credential, may be issued for a lesser period to coincide with the date by which the applicant is required to depart the United States; or a restricted permit issued under M.G.L. c. 90F, §§ 6 and 7 that allows a learning driver to operate commercial motor vehicles in Class A, B or C. A Class A, B, or C permit is issued for a period of 180 days, but may be renewed for an additional like period without re-testing. A learner’s permit contains a digital image of the person to whom the permit was issued. A learner’s permit, in any Class, is a paper document, does not meet federal REAL ID standards and cannot be used for federal identification. Limited Term License or Limited Term Identification Card. A REAL ID-compliant Driver's License of any class, Standard Massachusetts CDL, or Identification Card issued to a person and which expires at: (a) The expiration date of the applicant's authorized stay in the United States; or (b) If there is no definite end to the period of authorized stay, no longer than one year from the date of issue. Liquor Purchase Identification Card. An identification card issued by the Registrar under authority of M.G.L. c. 138, § 34B that may be issued to a person who is 21 years of age or older and who does not hold a valid Massachusetts driver’s license issued by the Registrar and containing a digital image of the person to whom it was issued. Such identification card does not meet federal REAL ID standards and cannot be used for federal identification. Nondomiciled Commercial Driver’s License (CDL). A CDL issued to: (a) an individual domiciled in a foreign country other than Mexico or Canada, who has complied with the testing and licensing standards required for CDL drivers; or (b) an individual domiciled in another state while that state is prohibited from issuing CDLs, who has complied with the testing and licensing standards required for CDL drivers. Nonresident. As defined in M.G.L. c. 90, § 1, any person whose legal residence is not within the Commonwealth. Out-of-Service Order. A declaration by an authorized enforcement officer of a federal, state, Canadian, Mexican or local jurisdiction that a driver, a commercial motor vehicle, or a motor carrier operation is out-of-service pursuant to 49 CFR Parts 386.72, 392.5, 395.13, 396.9, or any compatible law, or the North American Uniform Out-of-Service Criteria, as provided in M.G.L. c. 90F, § 1. REAL ID Massachusetts Driver’s License or Identification Card. For purposes of 540 CMR 2.00, means that a driver’s license or identification card has been issued by a state certified by U.S.D.H.S. to be in compliance with the requirements of the federal REAL ID Act and which driver’s license or identification card meets the standards in 6 CFR § 37, including a limited term driver’s license or identification card issued under 6 CFR § 37.21. REAL ID Massachusetts Driver’s License or Identification Card is suitable for federal identification purposes. REAL ID Standards. Standards required bythe federal REAL ID Act of 2005, 49 U.S.C. 30301, and established by the U.S.D.H.S. in federal regulations at 6 CFR § 37. SSA. The United States Social Security Administration. SSN. A Social Security Number assigned by the Social Security Administration to a specific individual. Source Document. The original or a certified copy of document acceptable to the Registrar that is submitted by an applicant for an operator’s license or identification card. State. A state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Mariana Islands. U.S.D.H.S. The United States Department of Homeland Security; also known as DHS. (3) Applications for Driver’s Licenses, Permits and Identification Cards, Fees, Knowledge Tests, and Road Tests, Generally. (a) To obtain, renew, transfer, or upgrade a driver’s license, learner’s permit or identification card, an applicant shall submit an application in a form prescribed by the Registrar, and pay the required fees. The application shall be deemed to include the applicant’s response to any request by the Registrar or his or her agent for information to be included on the applicant’s driver’s license, learner’s permit or identification card otherwise necessary to process the applicant’s driver’s license, learner’s permit or identification card. Unless the Registrar has issued a waiver for a specific document, an applicant for a driver’s license, permit, identification card or liquor purchase identification card is limited to providing identification documents as contained on the Registrar’s lists of “Acceptable Forms of Identification”. A vision screening test is also required of an applicant for a driver’s license or permit, as determined by the Registrar. (b) REAL ID Massachusetts Driver’s License or Learner’s Permit. An applicant for a REAL ID Massachusetts Driver’s License or Learner’s Permit shall submit documentary proof satisfactory to the Registrar of: 1. Date of Birth. (if younger than 18 years old, written consent of a parent, guardian or another parent-substitute is also required, see 540 CMR 2.06(3)(b)1.); 2. Residency within the Commonwealth. (two proofs of address of principal residence in MA is required, each containing the applicant’s name and street address); 3. Verifiable SSN of the applicant, the validity of which the Registrar may confirm with the SSA, or acceptable evidence of ineligibility for a SSN as detailed in a dated "Denial Letter" (issued not more than 60 days earlier) from the SSA. If the submitted SSN cannot be verified as having been issued to the applicant, a REAL ID license or permit may not be issued until the SSN can be verified. 4. U.S. Citizenship, lawful status or lawful presence in the United States as those terms are defined in 540 CMR 2.00. If an applicant is not a U.S. citizen, an alien lawfully admitted for permanent or temporary residence in the United States, an alien with conditional permanent resident status in the United States, an alien who has an approved application for asylum in the United States, or an alien who has entered into the United States in refugee status, then the applicant must provide acceptable documentation demonstrating that his or her current authorized stay in the United States is for a period of at least 12 months. The period of at least 12 months shall be measured from the beginning of the applicant's current authorized stay, or from the beginning of the applicant's prior authorized stay if it immediately precedes the current authorized stay without interruption, whichever is earlier. If there is no definite end to the current period of authorized stay(for example, where the applicant has a pending application for lawful permanent residence, asylum, or temporary protected status), it shall be presumed to be for a period of at least 12 months. 5. An applicant for a REAL ID Massachusetts driver's license or learner's permit who is in one of the following categories may only receive a Limited Term REAL ID Massachusetts driver's license or learner's permit: a. has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; b. has a pending application for asylum in the United States; c. has a pending or approved application for temporary protected status in the United States; d. has approved deferred action status; or e. has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States. (c) Standard Massachusetts Driver’s License or Learner’s Permit. An applicant for a Standard Massachusetts Driver’s License or Learner’s Permit shall submit documentary proof satisfactory to the Registrar of: 1. Date of Birth. (If younger than 18 years old, written consent of a parent, guardian or another parent-substitute is also required, see 540 CMR 2.06(3)(c)1.); 2. Residency within the Commonwealth required containing the applicant’s name and street address; 3. One of the following: a. An SSN, if the applicant has been issued an SSN at any prior time, the validity of which the Registrar may confirm with the SSA; b. a "Denial Letter" (issued not more than 60 days earlier) from the SSA; or c. Effective July 1, 2023, and for a Standard Class D or M Driver's License or Learner's Permit only, in the case of an applicant who provides as proof of identity a valid unexpired foreign passport or a valid unexpired Consular Identification document, an attestation executed by said applicant under the pains and penalties of perjury and signed in the presence of a notary public or the Registrar's designee, stating that the applicant has never been issued an SSN 4. Pursuant to 49 C.F.R. 383.71(a)(5) and 49 C.F.R. 383.71(f)(2)(i), an applicant seeking to obtain a Standard Massachusetts CDL must provide proof of U.S. Citizenship or status as a permanent resident of the United States. A person who is domiciled in a foreign jurisdiction other than Canada or Mexico may obtain a nondomiciled Standard Massachusetts CDL upon presentation of an unexpired employment authorization document (EAD) issued by the U.S. Citizenship and Immigration Services or an unexpired foreign passport accompanied by an approved I-94 form documenting the applicant's most recent admittance into the United States. Any Standard Massachusetts CDL shall expire on the date the person's lawful presence in the United States expires. (d) REAL ID Massachusetts Identification Card. An applicant for a REAL ID Massachusetts Identification Card shall submit documentary proof satisfactory to the Registrar of: 1. Date of Birth. (Providing the applicant is 14 years of age or older.) 2. Residency within the Commonwealth: (two proofs of address of principal residence in MA is required, each containing the applicant’s name and street address); 3. Verifiable SSN of the applicant, the validity of which the Registrar mayconfirm with the SSA, or acceptable evidence of ineligibility for a SSN as detailed in a dated "Denial Letter" (issued not more than 60 days earlier) from the SSA. If the submitted SSN cannot be verified as having been issued to the applicant, a REAL ID identification card maynot be issued until the SSN can be verified. 4. U.S. Citizenship, lawful status or lawful presence in the United States as those terms are defined in 540 CMR 2.00. If an applicant is not a U.S. citizen, an alien lawfully admitted for permanent or temporary residence in the United States, an alien with conditional permanent resident status in the United States, an alien who has an approved application for asylum in the United States, or an alien who has entered into the United States in refugee status, then the applicant must provide acceptable documentation demonstrating that his or her current authorized stay in the United States is for a period of at least 12 months. The period of at least 12 months shall be measured from the beginning of the applicant's current authorized stay, or from the beginning of the applicant's prior authorized stay if it immediately precedes the current authorized stay without interruption, whichever is earlier. If there is no definite end to the current period of authorized stay(for example, where the applicant has a pending application for lawful permanent residence, asylum, or temporary protected status), it shall be presumed to be for a period of at least 12 months. 5. An applicant for a REAL ID Massachusetts Identification Card who is in one of the following categories may only receive a Limited Term REAL ID Massachusetts Identification Card: a. has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; b. has a pending application for asylum in the United States; c. has a pending or approved application for temporary protected status in the United States; d. has approved deferred action status; or e. has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States. An applicant who holds a valid driver’s license issued by the Registrar or issued by another jurisdiction may not hold both a driver’s license and a REAL ID Massachusetts identification card. (e) Standard Massachusetts Identification Card. (An applicant for a Standard Massachusetts Identification Card shall submit documentary proof satisfactory to the Registrar of: 1. Date of Birth, providing the applicant is 14 years of age or older. 2. Residency within the Commonwealth required containing the applicant’s name and street address. 3. If no verifiable SSN is provided by the applicant, the applicant must provide acceptable evidence of ineligibility for a SSN as detailed in a dated "Denial Letter" (issued not more than 60 days earlier) from the SSA. If the submitted SSN cannot be verified as having been issued to the applicant a Massachusetts identification card may not be issued until the SSN can be verified. 4. U.S. Citizenship, lawful status or lawful presence in the United States as those terms are defined in 540 CMR 2.00. If an applicant is not a U.S. citizen, an alien lawfully admitted for permanent or temporary residence in the United States, an alien with conditional permanent resident status in the United States, an alien who has an approved application for asylum in the United States, or an alien who has entered into the United States in refugee status, then the applicant must provide acceptable documentation demonstrating that his or her current authorized stay in the United States is for a period of at least 12 months. The period of at least 12 months shall be measured from the beginning of the applicant's current authorized stay, or from the beginning of the applicant's prior authorized stay if it immediately precedes the current authorized stay without interruption, whichever is earlier. If there is no definite end to the current period of authorized stay(for example, where the applicant has a pending application for lawful permanent residence, asylum, or temporary protected status), it shall be presumed to be for a period of at least 12 months. 5. An applicant for a Standard Massachusetts Identification Card who is in one of the following categories may only receive a Limited Term Standard Massachusetts Identification Card: a. has a valid, unexpired nonimmigrant visa or nonimmigrant visa status for entry into the United States; b. has a pending application for asylum in the United States; c. has a pending or approved application for temporary protected status in the United States; d. has approved deferred action status; or e. has a pending application for adjustment of status to that of an alien lawfully admitted for permanent residence in the United States or conditional permanent resident status in the United States. An applicant who holds a valid driver’s license issued by the Registrar or issued by another jurisdiction may not hold both a driver’s license and a Standard Massachusetts identification card. (f) Liquor Purchase Identification Card. An applicant for a Massachusetts Liquor Purchase Identification Card shall submit documentary proof satisfactory to the Registrar of: 1. Date of Birth, providing the applicant is 21 years of age or older. 2. Verifiable SSN of the applicant, the validity of which the Registrar may confirm with the SSA, or acceptable evidence of ineligibility for a SSN as detailed in a dated “Denial Letter” (issued not more than 60 days earlier) from the SSA. If the submitted SSN cannot be verified as having been issued to the applicant, a Massachusetts Liquor Purchase Identification Card may not be issued until the SSN can be verified. An applicant who holds a valid Massachusetts driver’s license issued by the Registrar is not eligible for a Massachusetts Liquor Purchase Identification Card. An applicant who holds a valid driver’s license from a jurisdiction outside of Massachusetts is eligible for a Massachusetts Liquor Purchase Identification Card. (g) Proof of Identity and Residency. An applicant for a Driver's (Operator's) License, Learner's Permit, Identification Card or Liquor Purchase Identification Card shall submit documentary proof of the applicant's identity and residency satisfactory to the Registrar. As a part of 540 CMR 2.00, the Registrar has established lists of documents the RMV may accept to prove aspects of identity and residency, and reserves the right to amend these lists from time to time. The lists can be found on the RMV website and in the Driver's Manual that is current at the time of application. Lists displayed on the website shall be considered the most recent in the event of a disparity between the Driver's Manual and the website, and shall be offered in multiple languages. Such lists include, but are not limited to the following: 1. Documents to Prove Massachusetts Residence. 2. Documents to Prove Date of Birth (DOB). 3. Documents to Prove U.S. Citizenship, lawful status or lawful presence in the United States; or 4. Effective July 1, 2023, and for a Standard Class D or M Driver's License or Learner's Permit only, if an applicant does not provide proof of lawful presence, the applicant shall submit two documents as proof of identity and date of birth. One such document shall be: a. a valid unexpired foreign passport or b. a valid unexpired consular identification document; the other such document shall be: i. a valid unexpired driver's license from any United States state or territory, ii. an original or certified copy of a birth certificate, iii. a valid unexpired foreign nationalidentification card, iv. a valid unexpired foreign driver's license, or v. a marriage certificate or divorce decree issued by any state or territory of the United States. One of these documents shall include a photograph and one document shall include a date of birth. Any documents submitted under this paragraph that are in any language other than English shall be accompanied by a certified translation translating the document into English. (g½) Verification of Documentation. The Registrar shall retain each application and all supporting documents and shall adopt policies to verify the authenticity and protect the confidentiality of said applicant's documents including personally identifying information. Said applications and supporting documents shall not be used for any purpose other than internal review and associated fraud prevention, training, and to confirm compliance with internal controls and will be retained in accordance with applicable statewide retention schedules. The Registrar may conduct a review of any document presented by an applicant for any credential to verify the document's authenticity. Any information relating to an applicant for a Massachusetts license shall not be disclosed except to comply with Federal law or pursuant to regulations promulgated by the Attorney General. (h) Conversion of Driver’s Licenses, Identification Cards and Learner’s Permits from Another Jurisdiction. “Conversion” of a driver license means the Registrar has recognized that another specific jurisdiction enforces standards of fitness of operators substantially as high as those prescribed and enforced by the Commonwealth, the Registrar has been able to confirm the validity and status of an applicant’s driver license issued in the other jurisdiction and is willing to issue an equivalent Class of Massachusetts driver license for the applicant from that jurisdiction, who has become a resident of this state, with the same restrictions or endorsements (if any) as on that applicant’s existing license and without the need for a written test or a road test. The applicant is otherwise subject to the same application requirements as an applicant for an initial license, including the payment of all fees as if the tests had been taken and passed, and , if applicable based upon the type of credential being requested, must demonstrate U.S. Citizenship, lawful status or lawful presence in the United States unless the Registrar can confirm such status through other means. The Registrar will not issue a driver license as part of a license conversion unless the applicant surrenders the license to be converted to the Registrar. 1. Conversion of License from Another U.S. State, the District of Columbia or U.S. Territory. An applicant who is 18 years of age or older with a driver license from another U.S. jurisdiction who has become a resident of this state, may convert his or her driver license with the same restrictions or endorsements (if any) as on that applicant’s existing license and without the need for a written or a road test. The applicant is otherwise subject to the same application requirements as an applicant for an initial license, including the payment of all fees as if the tests had been taken and passed. An applicant presenting a REALID driver license may, on conversion, receive the equivalent REAL ID Massachusetts Driver’s License as issued byMassachusetts if the applicant has demonstrated U.S. Citizenship, lawful status or lawful presence in the United States. An applicant presenting a non-REAL ID driver’s license may convert to a REAL ID or Standard Massachusetts Driver’s License upon furnishing the required documentation for such credential. An applicant for license conversion from a U.S. Territory may also be required to provide a recent driving record. 2. Conversion of Identification Card. The Commonwealth of Massachusetts will not convert an identification card from another U.S. state or another jurisdiction. An applicant for a REAL ID Massachusetts Identification Card or for a Standard Massachusetts Identification Card who has recently become a Massachusetts resident is subject to the same terms and conditions as any other applicant for that particular type of Identification Card. 3. Conversion of Liquor Purchase Identification Card. No conversion of the equivalent of a Massachusetts Liquor Purchase Identification Card will be made by the Registrar. Each application for such card is treated as an initial application. 4. Conversion of a Learner’s Permit. The Registrar may convert a learner’s permit from another U.S. jurisdiction if the jurisdiction from which the permit was issued would accept a Massachusetts permit for conversion. If the applicant for a permit is younger than 18 years old, Massachusetts law requires the applicant to complete a course of driver education instruction approved by the Registrar. He or she may accept any portion of a driver education program completed in the other jurisdiction if he or she finds that the program and completed portion(s) is substantiallysimilar to the driver education program or portion in this state. An applicant for a learner’s permit must provide documentation listed in the "Document Requirements Chart" of the RMV’s Driver’s Manual. 5. Conversion of Driver Licenses, Learner’s Permits and Identification Cards from Canada or Mexico. See the “Document Requirements Chart” of the RMV’s Driver’s Manual or found on the RMV’s website. An applicant may convert to a REAL ID or Standard Massachusetts Driver’s License upon furnishing the required documentation for such credential. 6. Conversion of licenses from Select Foreign Countries which have entered into reciprocal agreements with Massachusetts for the conversion of driver licenses for persons 18 years of age or older are also contained in the RMV’s Driver’s Manual or found on the RMV’s website. An applicant may convert to a REAL ID or Standard Massachusetts Driver’s License upon furnishing the required documentation for such credential. 7. Other Foreign Licenses. An applicant presenting a valid driver license from a foreign country not having a reciprocal license conversion agreement with Massachusetts, who has become a resident of this state, will be required to take a written and road test. If the applicant is younger than 18 years old, he or she may be required to take a Driver Education course at a school approved by the Registrar. Parental consent will also be required. An applicant may convert to a REAL ID or Standard Massachusetts Driver’s License upon furnishing the required documentation for such credential. (i) Parental Consent for Learner’s Permit/Junior Operator License. 1. Driver’s License. An application for a driver’s license for a person younger than 18 years old must be accompanied by the written consent of a parent or legal guardian of the applicant or, if a parent is not available, by another person standing in place of a parent. The written consent on the minor’s application may be given by either parent if no separation or divorce exists. It may only be given by the parent having legal custody if a legal separation or divorce does exist. If joint custody has been awarded, only the parent with whom the minor applicant resides in the Commonwealth at the time of application may give consent. If the Registrar is satisfied 540 CMR 2.00 has been followed, he or she will not rescind a decision to issue a Learner’s Permit or Driver License to a minor due solely to an objection from a parent not authorized to give consent under 540 CMR 2.00, unless the objector has a court order. For purposes of 540 CMR 2.00, the Registrar may deem a person occupying one of the following positions as a person “standing in the place of a parent” if for good cause shown, a parent who can give consent under 540 CMR 2.00 is not available. a. a legal guardian who properly identifies himself or herself and presents an order of a Court appointing him or her as legal guardian of the minor applicant. b. a step-parent who properlyidentifies himself or herself and presents evidence that he or she is the step-parent of the minor applicant and that the applicant resides with him or her. c. a foster-parent who properly identifies himself or herself as someone who provides temporarysubstitute parental care for a child or children under an agreement with a licensed or approved placement agency, as recognized bythe state’s Executive Office of Health and Human Services and Department of Early Education and provides documentation indicating the minor applicant is in his or her care. d. a social worker representing the state Department of Children and Families (DCF) licensed to engage in the practice of social work in the Commonwealth who properlyidentifies himself or herself and who satisfies the Registrar that he or she has or is providing professional social work services to the minor applicant and/or to the applicant’s family. e. an authorized representative of a residential group care program, as recognized by the Executive Office of Health and Human Services and Department of Early Education, in which the minor applicant resides who has properly identified himself or herself and provides evidence of residential program assignment. f. a boarding school headmaster of an academic school in the Commonwealth who properly identifies himself or herself and provides documentation indicating that the minor applicant is a student in residence at the school and that as headmaster he or she is authorized by the parent(s) to exercise discretion in making decisions on behalf of the resident student. g. the Massachusetts resident-host of a minor foreign exchange student who properly identifies himself or herself and provides documentation from the student’s parent(s) indicating authority to exercise discretion in making decisions on the resident student’s behalf. For purposes of 540 CMR 2.00, a notarized “Caregiver Affidavit” issued under the authority of M.G.L. c. 201F and provided by the care giver named in the document is not considered acceptable since it is limited to making only medical and academic educational decisions on behalf of a minor. (j) ID Card - No Permanent Address. An application for a Massachusetts Identification Card by a person who otherwise meets the statutory qualifications for such Card but who does not have a permanent residential address in Massachusetts, including an application by a person who is younger than 18 years old, may be considered for issuance of the ID Card for good cause shown if: Homeless Shelter or Other Accommodation for Transients. The properly identified director or person in charge of an established homeless shelter or other recognized accommodation for transient guests (other than a hotel or similar accommodation), attests that he knows the applicant personally, discloses the period of time he or she has known the applicant, discloses the source of his or her knowledge that the applicant has no permanent address, asserts that the applicant stays at the shelter for homeless individuals on an irregular basis by disclosing the approximate number of times per week or month that the applicant has recently been a guest and agrees to allow the applicant to use the shelter as both his or her residential and mailing address for RMV purposes. In addition to the above, if the applicant is younger than 18 years old, the director or person in charge of an established homeless shelter also discloses his or her personal knowledge of the applicant’s relationship with his parent(s) or other relatives, and if none, whether the applicant is under any form of State guardianship or under the control of the Department of Children and Families (DCF). (k) Written and Road Tests Required (formerly 3c). Prior to the issuance of any license, an applicant must pass both a knowledge test and a driving or skills test as prescribed by the Registrar, and must satisfy the Registry’s medical qualification standards as set forth in 540 CMR 24.00: Medical Qualifications for Operators of Motor Vehicles, in a manner acceptable to the Registrar. If, at any time before or after the issuance of a license or learner’s permit, the Registrar has any reason to believe that a person is physically or mentallyincapable of operating a motor vehicle, the Registrar may require satisfactoryproof of that person’s ability to operate a motor vehicle including, but not limited to, the successful completion of a competency road test. (l) Road Test Vehicle (formerly 3d). The driving or skills test must be taken in a motor vehicle representative of the type of motor vehicle which the driver operates or expects to operate. (m) Authorized Test Administrative (formerly 3e). The knowledge and driving or skills tests may be administered by a Registry employee or agent designated by the Registrar to administer such tests or by a third-party whom the Registrar has authorized to administer such tests; provided that an independent third party contractor may not give the CDL Knowledge Tests. (4) Learner’s Permits and Licenses Generally. (a) Unless prohibited by the state of issuance, an out of state operator with a learner’s permit may operate in Massachusetts. Likewise, a Massachusetts learner’s permit holder may operate in another state, unless otherwise prohibited. (b) Classes. 1. All original operator licenses and all operator license renewals shall be valid only in accordance with the Classes of licenses listed in 540 CMR 2.06. The Registrar shall examine each applicant accordingto the Class of license for which application was made. Each license shall indicate the Class to which it is assigned. 2. The Classes of licenses entitling a licensee to operate motor vehicles or a combination of motor vehicles are as follows: Class A: Any combination of vehicles with a gross combination weight (GCW), gross vehicle weight (GVW), or registered weight of 26,001 or more lbs., whichever is greater, provided the GVWR of the vehicle(s) being towed is in excess of 10,000 lbs. (Holders of a Class A license may, with any appropriate endorsements, operate all vehicles within Class B, C, and D.) Class B: Any single vehicle with a gross vehicle weight rating (GVWR) of 26,001 or more lbs., or any such vehicle towing a vehicle not in excess of 10,000 lbs. GVWR. (Holders of a Class B license may, with appropriate endorsements, operate all vehicles within Class C and D.) Class C: Any single vehicle or combination of vehicles that does not meet the definition of Class A or Class B, but is either designed to transport 16 or more passengers includingthe driver, or is required to be placarded for hazardous materials under 49 CFR 172.500 or any other federal regulation. (Holders of a Class C license may operate all vehicles within Class D.) Class D: Any single vehicle or combination of vehicles that does not meet the definition of Class A, Class B, Class C, or Class M. Class M: Any motor vehicle defined as a motorcycle in M.G.L. c. 90, § 1 or any two-wheeled vehicle whose top speed is as described in c. 90, § 1H or any three-wheeled vehicle whose top speed is as described in M.G.L. c. 90, § 1I. 3. A Class A, B, or C License shall also be known as a Commercial Driver’s License or CDL. 4. Gross Weight Rating. a. A vehicle without a plate specifying the GVWR of the vehicle shall contain in a readilyaccessible place, a written statement specifying the GVWR of the vehicle and including the make, model, year and Vehicle Identification Number (VIN) of the vehicle, which must be prepared by the manufacturer of the vehicle or by an authorized dealer who buys and sells such vehicles. b. If the registered gross weight or actual gross weight of a vehicle or of a combination of vehicles exceeds its GVWR or GCWR, then the registered gross weight or actual gross weight, whichever is higher, shall be used instead of the GVWR or GCWR to determine what license class is required under 540 CMR 2.06. (c) Temporary License or Identification Card. The Registrar may for administrative convenience and the appropriate fee, and in accordance with M.G.L. c. 90, § 11, issue a temporarylicense or temporaryidentification card of anyClass for 60 days including, but not limited to: 1. At initial issuance or upon issuance of a duplicate, where the final document containing a digital image will be manufactured at a later date; 2. When a licensee whose Massachusetts license has expired or is about to expire renews the license online, the downloadable receipt that is issued upon proper payment may be printed and must be carried by the licensee, along with the license containing a digital image that was most recently issued, until the new license is issued and mailed to the licensee’s address on file or the 60 days expires, whichever first occurs; 3. When a licensee cannot complete a license renewal transaction at an RMV Service Center due to reasons beyond the control of the Registrar, a temporary Massachusetts license may be issued at the discretion of the Service Center manager; 4. When a competency road exam has to be taken by an applicant who either does not currently have a valid license or who’s license has been suspended, the Registrar may issue a temporarylicense in order to allow the person to take the test on a public way, but maysuspend the unexpired portion of the temporarylicense immediatelyupon the failure of the competency road exam by the applicant; 5. When a licensee who is a resident of Massachusetts and whose Massachusetts license has expired or is about to expire while the licensee is outside of the Commonwealth, the Registrar mayissue a temporarylicense if the licensee is not eligible to renew online. The Registrar may mail the temporary license by standard U.S. mail to an address provided by the licensee. If the licensee requests overnight or expedited delivery, he or she will be required to arrange and pay for such service, in advance. In regard to issuance of a temporary driver license, the following is applicable: a. A licensee may be eligible to renew the license but not eligible to renew online if he or she is required by law or by a regulation or policy of the Registrar to visit a Service Center to renew because of age or other requirement. b. A licensee is not eligible to renew if his or her license is suspended or if he or she has been placed in “non-renewal” status by the Registrar based on official notifications received under state law. c. Although a temporary license of any Class that is issued by the Registrar is valid in Massachusetts, due to differences in state laws the Registrar cannot guarantee that such temporarylicense will be honored bylaw enforcement officers or courts in other jurisdictions. d. A temporary Massachusetts driver license or temporary Massachusetts identification card may be issued either in person or remotely only if the: i. RMV is satisfied of the identity of the applicant and, if applicable, has reverified the holder’s lawful presence and SSN; ii. The compliant document contains the most recent digital image of the holder from RMV files; iii. Any remote renewal is authorized by the RMV Driver License Section; iv. The expiration date of the temporary document does not exceed the date of the end of the license holder's authorized stay in the United States or 60 days, whichever first occurs. (d) Restrictions. 1. Restrictions on a license shall be coded as follows: 2. MEDICAL LOG/GLUCOSE REQUIRED A. USE WITH CERTIFIED DRIVING INSTRUCTOR ONLY B. CORRECTIVE LENSES C. MECHANICAL AID (adaptive devices) D. PROSTHETIC AID/PERSONAL MEDICAL AID E. CMV AUTOMATIC TRANSMISSION G. DAYLIGHT ONLY H. LIMITED TO EMPLOYMENT I. JOL LIMITED/OTHER J. OTHER K. CDL - INTRASTATE ONLY L. CDL - VEHICLES WITHOUT AIR BRAKES M. CDL - EXCEPT CLASS A BUS N. CDL - EXCEPT CLASS A AND B BUS O. CDL - EXCEPT TRACTOR/TRAILER P. NO PASSENGERS IN CMV BUS Q. CLASS D AUTOMATIC TRANSMISSION R. BI OPTIC TELESCOPIC LENS S. PROOF OF BLOOD SUGAR LEVEL T. IGNITION INTERLOCK U. THREE WHEELED MOTORCYCLE V. MEDICAL VARIANCE+ W. INTRASTATE MEDICAL WAIVER X. CDL - NO CARGO IN CMV TANKER Y. RESTRICTED TO 14 PASSENGER CAPACITY Z. CDL - AIR OVER HYDRAULIC (e) Reinstatement - Generally. A Class D or Class M driver’s license which is revoked, suspended, canceled, or downgraded maybe reinstated fullyor, when applicable, with an “H” restriction signifying a hardship license for employment use only. (5) Penalties - Generally. (a) Violations - Application, Testing and Licensing. In addition to any other penalty provided by law, and in order to insure the integrity of the application, testing and licensing processes, the following provisions shall apply: 1. Anyone who without lawful authority possesses, in whole or in part, an original version of a driver’s license knowledge test, a copy of such test, or information copied from such test, shall be disqualified from holding any Class of driver’s license or learner’s permit for 60 consecutive days. 2. Anyone who cheats or attempts to cheat on a driver’s license test, including a knowledge test, a test for a CDL endorsement, a skills test, a pre-trip inspection of a Commercial Motor Vehicle, or any other written or practical test required to obtain or upgrade a learner’s permit or driver license shall be disqualified from holding any Class of driver’s license or learner’s permit for 60 consecutive days. 3. Anyone who falsifies information to obtain, renew, transfer, or upgrade a driver’s license or learner’s permit shall be disqualified from holding anyClass of driver’s license or learner’s permit for 60 consecutive days. Any driver’s license or learner’s permit, in any Class, issued to a driver who has falsified any information shall be void from the date of issuance. 4. Any driver’s license or learner’s permit secured for a driver by an impersonator of that driver, or with the assistance of an impersonator, shall be void from the date of issuance. 5. Anyone who bribes or attempts to bribe any government official with respect to any driver’s license or learner’s permit shall be disqualified from holding any Class of driver’s license or learner’s permit for 60 consecutive days. (b) Violations - Statutes, Rules and Regulations. 1. A person who operates a motor vehicle or combination of vehicles not included within the Class of license issued to him or her, or without required endorsements, or in violation of license restrictions, or who, while holding a learner’s permit operates a motor vehicle in violation of the terms of such permit, or who operates a motor vehicle in violation of an out-of-service order, is deemed to be operating a motor vehicle without being duly licensed and is subject to the penalties for such offense provided in M.G.L. c. 90 and c. 90F, 49 CFR Part 383, and 540 CMR 2.06. 2. In addition to any other penalty provided by law, unless otherwise provided by regulation or statute, the administrative licensing sanction for violating the rules, regulations, and requirements of M.G.L. c. 90, M.G.L. c. 90F, 540 CMR 2.06, or 49 CFR Part 383 shall be a 60 consecutive days disqualification from holding a license, learner’s permit, CDL or CDL learner’s permit. Any adverse action taken against a license or permit by the Registrar shall not preclude the imposition of criminal penalties or of other civil penalties for the same violation. Likewise, no law enforcement officer is precluded from utilizing criminal law procedure against a driver whose conduct has violated both the criminal law and civil law. At administrative hearings, findings shall be based on a preponderance of the evidence even if the unlawful conduct is also a violation of a criminal law statute. 3. In addition to any other penalty provided by law, in a case where an employer is the violator of any provision of 540 CMR 2.06, each agent of the employer who knowingly allowed, required, permitted, or authorized the violation shall be subject to a 60 consecutive days disqualification from holding any Class of driver’s license or learner’s permit. 4. In addition to any other penalty provided by law, any driver who violates the provision of M.G.L. c. 90, § 25 shall be disqualified from holding any Class of driver’s license or learner’s permit for a period of 60 consecutive days. 5. In addition to any other penalty provided by law, a driver who violates the provisions of M.G.L. c. 90, § 24B shall be disqualified from holding any Class of driver’s license or learner’s permit for a one year period. This period shall commence upon notice of a criminal conviction. If no prosecution is pending, the disqualification period shall be for 60 consecutive days, which shall commence following an administrative determination that a driver has violated the terms of M.G.L. c. 90, § 24B. (c) Notice. Except for a driver under a 24-hour out-of-service order and except pursuant to M.G.L. c. 90, § 22(a), no driver shall be subjected to any penalties described in 540 CMR 2.00 until reasonable notice is sent to the driver and until there has been a reasonable opportunity for a Registry hearing under 540 CMR 9.00: Conduct of Hearings within the Registry of Motor Vehicles. (6) Suspension or Nonrenewal of Driver's License or Permit for Violations of the Hands-free Use of Mobile Electronic Devices While Operating a Motor Vehicle Pending Completion of a Distracted Driving Program. An operator who is younger than 18 years old and who commits an offense under M.G.L. c. 90, § 8M, relating to the hands-free use of mobile electronic devices while operating a motor vehicle, shall have his or her license or permit suspended for 60 days for a first offense, 180 days for a second offense, and one year for a third or subsequent offense. For each offense under M.G.L. c. 90, § 8M, an operator shall not be eligible for license renewal or reinstatement until he or she completes a program selected by the Registrar that encourages a change in driver behavior and attitude about distracted driving. An operator who is 18 years of age or older and who commits a second or subsequent offense under M.G.L. c. 90, § 13B, relating to the hands-free use of mobile electronic devices while operating a motor vehicle, shall have his or her license placed in nonrenewal status unless, within 90 days of committing the second or subsequent offense, he or she completes a program selected by the Registrar that encourages a change in driver behavior and attitude about distracted driving. The operator shall not be eligible for renewal of his or her license until he or she successfully completes such program. (7) Additional Particular Provisions Applicable to Class M Licenses (Motorcycles) - Skill Test. (a) No Registry conducted motorcycle skills test shall be required of any holder of a Massachusetts Class M learner’s permit, if the holder has been certified as being qualified by the Massachusetts Rider Education Program (MREP) as recognized by the Registrar and if said holder has successfullycompleted a course of instruction prescribed bysaid Registrar. The Registrar shall approve the form of certification and methods of communication of such certification to be used under 540 CMR 2.06. (b) Applicants taking a Class M skill test on a three wheeled motorcycle will be restricted on their license to such a vehicle and applicants taking a Class M skill test on a two-wheeled motorcycle with an attached sidecar shall be restricted to such a vehicle on the license. (c) Applicants taking a Class M skill test on a Limited Use Motorcycle shall be restricted to such a vehicle on the license. (8) Additional Particular Provisions Applicable to School Bus Operators. Any person who operates a school bus, as defined in M.G.L. c. 90, § 1, or a motor vehicle used to transport school pupils under M.G.L. c. 90, § 7D, must also comply with all applicable special licensing provisions contained in M.G.L. c. 90, and 540 CMR 2.15. (9) Particular Provisions Applicable to Commercial Driver’s Licenses. (a) Federal Regulations. Unless otherwise provided by statute or regulation, all provisions and definitions found in 49 CFR Part 383, and those in M.G.L. c. 90F, § 1 to the extent they are not inconsistent with the federal regulations, are incorporated byreference into 540 CMR 2.06 and, for CDL purposes, are applicable to both intrastate and interstate commerce in MassachusettsUnless otherwise provided by statute or regulation, any federal regulations referenced in 49 CFR Part 383 or any other provision of Title 49 applicable to a holder of a CDL are also incorporated by reference into 540 CMR 2.06 and, for CDL purposes, are applicable to both interstate and intrastate commerce in Massachusetts. (b) Driving or Skills Tests Waivers. 1. The Registrar may prescribe forms for use in determining whether a CMV driving skills test may be waived, and may prescribe other forms for use in the license application process. Such forms shall include, but are not limited to, application forms and affidavits. 2. A driving or skills test described in 49 CFR § 383.113 shall be waived for a CMV operator who meets the conditions set forth in 49 CFR § 383.77, unless the Registrar acts pursuant to M.G.L. c. 90, § 22. This includes waiver of the portion of a CMV skills test related to air brakes if the driver already has a CDL without the “L” restriction. 3. Any authority from the FHWA (Federal Highway Administration) or FMCSA (Federal Motor Carrier Safety Administration) Administrator to waive all testing for a 180-day CDL to be issued to a seasonal farm worker is expressly declined. (c) CDL Learner’s Permits and Licenses. 1. Temporary Licenses. The holder of a temporary CDL license assumes the responsibility to verifythat all states through which he or she is traveling will honor such a CDL. 2. Restrictions. The holder of a Class “A” CDL with an “O” restriction maynot operate a tractor using its fifth wheel to pull a trailer. The holder of a Class “A” CDL with an “O” restriction may operate, but not exclusively, a truck using a fifth wheel to pull a "gooseneck" trailer, and a truck or tractor using a pintle hook to pull a trailer. 3. Endorsements. a. Endorsements on a CDL shall be coded as follows: H - HAZARDOUS MATERIALS T - DOUBLES/TRIPLES (“HAZMAT”) X - HAZARDOUS MATERIAL AND N - TANK VEHICLES TANK VEHICLES P - PASSENGER TRANSPORT S - SCHOOL BUS b. DELETED. c. When a CDL is required to operate a particular vehicle, a tank vehicle “N” endorsement is required on the operator’s CDL if the vehicle is designed to transport liquid or gaseous material within a tank or tanks attached to the vehicle or to the chassis of the vehicle (see definition of Tank Vehicle). An “N” endorsement is not necessary if the tank has a rated capacity, or if the tanks in the aggregate have total rated capacities under 1,000 gallons and if each tank attached to the vehicle or to the chassis of the vehicle is a temporarilyattached portable tank, readilyremovable from the vehicle and filled, re filled, and accessed only while on the ground or otherwise off the truck. d. The operator of a truck towing a vehicle placarded for hazardous materials or transporting liquid or gaseous material in a tank does not need any endorsements on any required CDL, so long as the operator is engaged in an emergency first move to the nearest appropriate repair facilityFor any subsequent moves by the operator of a truck towing any such vehicle, the CDL requirements or hazardous materials endorsements and/or tank vehicle endorsements shall be applicable other than as stated in 540 CMR 2.06(9)(c)3.c. and d. 4. Suspension, Revocation and Disqualification. a. Except when a CDL holder is subjected to a 24-hour out-of-service order, any holder of a CDL which is revoked or canceled may only regain a CDL by passing the CDL Knowledge Tests and CDL Road Test. b. The holder of a CDL which has been revoked or canceled exclusively on account of state law may, after passing the CDL Knowledge Test, obtain a CDL learner’s permit, with or without the “H” restriction, if allowed by applicable state law. After passing the CDL Road Test, the holder of a CDL learner’s permit may obtain a CDL and the holder of a CDL learner’s permit with an “H” restriction may receive a CDL with an “H” restriction. c. A CDL which is revoked or canceled exclusively on account of federal law or on account of both federal and state laws may not be reinstated to any extent as a CDL holder prior to the end of the disqualification period mandated by federal law; therefore, a CDL which is revoked or canceled exclusivelyon account of federal law, or on account of federal and state laws together, may not be reinstated with an “H” restriction until the federally mandated disqualification period has terminated. d. A driver disqualified from holding a CDL may not make an appointment to take the CDL Knowledge Test, take the CDL Knowledge Test, obtain a CDL Learner’s Permit, make an appointment to take the CDL Road Test, or take the CDL Road Test unless the driver has received permission to do so from the Registrar. e. When a driver is disqualified from holding a CDL, but is qualified to hold a Class D license or Class M license, the driver’s CDL may be downgraded to a Class D or Class M license. f. To the extent a driver’s privilege to hold a passenger vehicle Class D license is suspended, revoked, or canceled, the driver may neither obtain a CDL nor retain a previously issued CDL. g. The Registrar shall enact and enforce through licensing sanctions the disqualifications prescribed in 49 CFR § 383.51(b). h. The Registrar shall give full faith and credit to the disqualification of commercial motor vehicle drivers by other states. 5. Reinstatement after Lifetime Disqualification a. A driver disqualified for life from holding a CDL for refusals to submit to a chemical test or analysis of the person's breath or blood, convictions under M.G.L. c. 90F, § 9(A) and (B), or convictions under paragraphs (b)(1) through (8) in Table 1 of 49 CFR 383.51, may be eligible for reinstatement of their CDL, provided that they: i. Served no less than ten years of their lifetime disqualification and submit an initial eligibility review application on a form to be prescribed by the registrar; ii. Have a driving record with no disqualifying convictions under 49 C.F.R. 383.51(b) through (e) or M.G.L. c. 90F, § 9(A), (B) and (D) for the entirety of the disqualification period served; iii. Were continuously eligible for a driver's license during the most recent ten-year period, excluding statutorily mandated suspensions unrelated to motor vehicle offenses, except as otherwise provided in this 540 CMR 2.06(9)(c)5. iv. Are not on the federal Drug and Alcohol Clearinghouse (DACH) prohibited list at the time of their application for reinstatement; v. Submit to a criminal background check, the results of which show no convictions as defined by 49 CFR 383.5 and M.G.L. c. 90F, § 1, involving alcohol, drugs, or controlled substances during the past ten years, including but not limited to refusals to submit to a chemical test, analysis of the person's breath or blood, and dispositions of continued without a finding; vi. Voluntarilyentered and successfullycompleted a rehabilitation program, as approved by and in the manner required by the registrar, completed no sooner than 60 days prior to their reinstatement eligibility date; vii. Have an active Massachusetts Class D driver's license; and viii. Submit a complete application for reinstatement on a form to be prescribed bythe registrar, including a certificate of program completion and anysupporting documents required bythe registrar, including but not limited to recent medical documentation showing that the driver presents a low risk of substance abuse recidivism. b. No reinstatement shall be approved unless, after submitting an initial eligibility review application, having a registry hearing within 30 days of submission of an initial eligibility review application, and subsequently submitting a complete application for reinstatement inclusive of any necessary supporting documents, the registrar or their authorized agent is satisfied that the applicant is a proper person to operate a commercial motor vehicle. As part of the determination of whether a driver is a proper person to operate, the registrar or their authorized agent shall consider the driver's history, if any, of convictions, as defined by 49 CFR 383.5 and M.G.L. c. 90F, § 1, for moving violations and/or surchargeable events while operating a motor vehicle. A driver not federally required to complete Entry Level Driver Training must complete a course in commercial motor vehicle operation as approved by the registrar. A response will be issued no later than ten business days after the submission of a complete application for reinstatement. Such response mayinclude an approval, denial, or request for additional information or hearing(s). Upon approval or, for drivers who receive approval prior to their reinstatement eligibility date pursuant to 540 CMR 2.06(9)(c)5.c., upon the driver's reinstatement eligibility date, a driver must apply as a new commercial driver's license applicant within 90 days and is required to complete all testing and licensing standards required for CLP and CDL applicants. c. A driver seeking reinstatement pursuant to 540 CMR 2.06(9)(c)5. maysubmit their initial eligibility review application to the registrar prior to completion of their ten-year disqualification requirement under 540 CMR 2.06(9)(c)5.a.i., but no sooner than six months prior. The final, complete application for reinstatement, inclusive of all supporting documents, maybe submitted no sooner than 60 days prior to their eligibility under 540 CMR 2.06(9)(c)5.a.i. Irrespective of the foregoing, reinstatement shall not be effective until ten years of disqualification has been served in full. d. A driver is subject to ongoing review of eligibility under 540 CMR 2.06(9)(c)5.a. until the time of reinstatement and final review of all application materials, including updated driving record, background check, and other documents. e. Any driver who has been reinstated in accordance with 540 CMR 2.06(9)(c)5. and who is subsequently convicted of any disqualifying offense described in M.G.L. c. 90F, § 9(A) and (B) or (D), or under Table 1 of 49 CFR 383.51, is subject to an immediate, permanent lifetime disqualification and shall not subsequently be reinstated. (d) Special CDL Exemptions. 1. Intrastate Commerce. With respect to CDL qualifications, a driver engaged only in intrastate commerce may utilize the younger than 21 years old exemption provided in 540 CMR 14.04(1)(a). 2. Operators of Emergency and Firefighting Equipment. A driver with a Class D license may operate emergency or fire equipment necessary to the preservation of life or property, or the execution of emergency governmental functions if the vehicle is equipped with audible and visual signals and is not subject to normal traffic regulation. Such emergency and fire-fighting equipment shall include fire trucks, hook and ladder trucks, foam or water transport trucks, police Swat Team vehicles, ambulances or other vehicles that are used in response to emergencies. Unless federal guidelines expressly provide otherwise, such exempt drivers shall include: a. a civilian mechanic operating emergency or firefighting apparatus in the employ of a volunteer or paid fire organization, provided the civilian mechanic is subject to the direction and control of a fire department official regarding the means used to accomplish particular objectives; b. a member of a volunteer or paid fire organization, when responding to an emergency or otherwise performing official duties; c. an agent of Federal, State or local government operating such equipment in a search and rescue function or as part of disaster relief activities, provided the equipment is government owned or controlled; and d. the operator of an antique fire engine. 3. Farmers. Class D license holders may operate farm vehicles which are controlled by a farmer and operated by that farmer, his or her employees, or his or her family; used to transport agricultural products, farm machinery, and/or farm supplies to or from the farmer’s farm; not used in the operation of a common or contract carrier; and used within 150 air miles of the farmer’s farm. Drivers of vehicles used in lumber operations or nursery operations are considered part of a “tree farm” operation if the tree farm operation is substantially engaged in the growing and harvesting of forest products or incidental lumbering operations, including the preparation and transportation of the products prior to commercial sale in the ordinary course of business. Farmer also includes one in the business of raising horses, poultry, hogs, or bees. This exemption applies to a farm vehicle of any weight rating, and to a farm vehicle designed to transport 16 or more persons including the driver, but it does not apply to a farm vehicle driver who is carrying “hazardous materials” (HM) required to be placarded. 4. Military. Military personnel may operate any Commercial Motor Vehicle (CMV) for military purposes without any license under 540 CMR 2.06. Such personnel include any active duty military personnel, and members of the reserves and National Guard on active duty, including personnel on full time National Guard duty, personnel on part time National Guard training, and National Guard technicians (civilians who are required to wear military uniforms and are subject to the code of military justice) and active U.S. Coast Guard personnel. Unless federal guidelines expressly provide otherwise, such personnel shall also include civilian technicians who are either military reservists or members of the National Guard and who operate a National Guard vehicle in a National Guard military uniform. Such civilian technician need not be subject to the code of military justice when operating the National Guard vehicle in order to operate lawfully. 5. Recreational Vehicle Operators. Any vehicle operated solely as a personal or family conveyance for recreational purposes may be operated with a Class D license. To be exempt from CDL requirements, the vehicle must be used exclusivelyto transport family members or personal friends and/or their effects. 6. Off-road Construction Equipment Operators. A CDL is not required of a skilled mechanic at a construction site operating off-road motorized construction equipment which by its design, appearance, and function is not intended for use on a public way. Such equipment may also be operated and driven without a CDL: a. to and from a construction site, on public ways under the immediate direction of a police officer; and b. on a part of the public way which is under construction or reconstruction and which is lawfully marked off so as to detour the general public. Otherwise, such equipment on the public way may only be operated and driven by the holder of a driver’s license in the appropriate class for such equipment. Off-road motorized construction equipment includes, but not exclusively, motorscrapers, backhoes, motorgraders, compactors, excavators, tractors, trenchers, and bulldozers. 7. Waivers. Unless otherwise provided by statute or regulation, all CDL waivers hereafter granted by the FHWA (Federal Highway Administration) or FMCSA (Federal Motor Carrier Safety Administration) Administrator are, to the same extent, granted by the Registrar. 8. Effect. Any written opinion or regulation of the Registrar, to the effect that a certain person or certain categoryof persons is exempt from CDL requirements, shall have effect in another state provided the other state honors the exemption, unless federal guidelines require otherwise. (e) Other CDL Provisions. 1. The Registrar is the official to receive notice of convictions for driver violations under 49 CFR § 383.31(a). 2. Alcohol or Other Drugs. a. Each holder of a CDL or CDL learner’s permit including, but not exclusively, anyone engaged in operations described in either 49 CFR § 390.3(f) or 49 CFR § 391.2, is subject to the provisions of M.G.L. c. 90F, § 10 and 49 CFR § 392.5. b. Any test or tests of blood, breath, or urine, administered to the operator of a commercial motor vehicle as required by a law enforcement officer and aimed at determining that person’s alcohol concentration or the presence of other drugs, shall be administered both in the enforcement of state laws and in the enforcement of 49 CFR § 383.51(b)(2)(i)(A), § 383.51(b)(2)(i)(B), and § 392.5(a)(2). c. Each holder of a CDL containing an “intrastate only” restriction consents, by exercising said CDL, to a motor carrier’s testing for the presence of alcohol or other controlled substances if so required by 540 CMR 14.03: Adoption and Incorporation of Federal Regulations as State Regulations. 3. Entry-Level Driver Training (ELDT). a. Effective February 7, 2022, unless the person is exempted by 49 CFR 380.603, no person shall be issued an original (first time issuance) Class A or B CDL, an upgraded Class A or B CDL, or a school bus (S), passenger (P), or Hazardous Materials (H) endorsement, unless the person has successfully completed entry-level driver training (ELDT) taught by a training provider listed on the Federal Training Provider Registry. b. Persons who obtain a CLP before February 7, 2022 are not required to complete ELDT if the person obtains a CDL before the CLP or renewed CLP expires. c. Except for persons seeking the H endorsement, persons must complete the theory and behind-the-wheel (range and public road) portions of ELDT within one year of completing the first portion. (10) Waiver. The Registrar reserves the right to waive any requirement of 540 CMR 2.06 in the public interest, except to the extent that such waiver would violate any state or federal regulation or statute. (11) Voter Registration. The Registrar shall transmit records, in a format that the Registrar shall determine in consultation with the Secretary of the Commonwealth, pertaining to each person who, in the course of applying for a driver’s license, learner’s permit, or identification card, has provided reliable information that he or she is a citizen of the United States.