Markings on Commercial Vehicles

(1) Marking. (a) Effective until August 31, 2018. The owner of every motor truck used for the transportation of goods, wares or merchandise for hire, gain or reward, shall have the owner’s name marked on the truck, to be plainly visible from each side or from the front and rear of the vehicle, provided that motor trucks operated under a lease of more than 30 days shall display either the name of the owner or the lessee, and may display both. For the purpose of 540 CMR 2.22(1), motor truck shall mean any motor vehicle specially designed or equipped to transport personal property over the ways of the Commonwealth and which has a maximum load carrying capacity of over 2,000 lbs., and which is not a Private Passenger Motor Vehicle under 540 CMR 2.05. To the extent there is any conflict between 540 CMR 2.22 and any federal regulation pertaining to markings on commercial motor vehicles, the federal regulation shall control. (b) Effective September 1, 2018. The owner of every motor truck used for the transportation of goods, wares or merchandise for hire, gain or reward, shall have the owner’s name marked on the truck, to be plainly visible from each side, be in permanent letters that contrast sharply in color with the background on which the letters are placed; be readily legible during daylight hours from a distance of 50 feet while the motor truck is stationary; and be kept and maintained in a manner that retains the legibility required by 540 CMR 2.22(1)(b), provided that motor trucks owned or controlled by a farmer and 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 need not be so marked; and motor trucks operated under a lease of more than 30 days shall display either the name of the owner or the lessee, and may display both. For the purpose of 540 CMR 2.22(1), Motor Truck shall mean any motor vehicle specially designed or equipped to transport personal propertyover the ways of the Commonwealth and which has a maximum load carrying capacity of between 2,000 lbs. and 10,000 lbs. and which is not a Private Passenger Motor Vehicle under 540 CMR 2.05. To the extent there is any conflict between 540 CMR 2.22 and any federal regulation pertaining to markings on commercial motor vehicles, the federal regulation shall control. (2) U.S. DOT Number Assignment for Intrastate Carriers. (a) Effective September 1, 2018, every motor vehicle engaged in intrastate commerce in Massachusetts having a gross vehicle weight rating or gross combination weight rating of 10,001 or more lbs.; and every motor vehicle, regardless of weight, engaged in intrastate commerce in Massachusetts and used in the transportation of hazardous materials in a quantity requiring placarding; and every motor vehicle designed to transport more than 15 passengers, including the driver, used in intrastate commerce in Massachusetts must be permanently marked with a USDOT number assigned in a manner conforming to the provisions of 49 CFR 390.21. (b) For purposes of 540 CMR 2.22(2), the following vehicles with a gross combination vehicle weight rating of 10,001 or more lbs., or designed to transport more than 15 passengers, including the driver, which are operated solely within Massachusetts are exempted from the vehicle marking and DOT number requirements of 540 CMR 2.22(a): 1. vehicles owned and operated by the Commonwealth or a political subdivision thereof; 2. vehicles carrying 'hazardous materials' that are owned and operated by a city, town or agency of the Commonwealth, but this exemption shall not apply to a private contractor transporting hazardous materials on behalf of a city, town or an agency of the Commonwealth; 3. Transit-type buses operated by cities or towns that are used to transport persons locally and which are marked with the name of the municipal bus company or its logo; 4. Buses operated by the Massachusetts Bay Transit Authority (MBTA), including the vehicles operated under the name 'The Ride', or buses operated by Regional Transit Authorities (RTAs) that are used to transport persons locally and which are already marked with the name of the bus authority or bus company or its logo; 5. School buses and school pupil transport vehicles that transport students and or pupils locally; and 6. Vehicles of professional driving schools that are used to provide driving skills training for Class A, B, or C commercial driver licenses. (3) Penalty. The penalty for a violation of 540 CMR 2.22 is set forth in M.G.L. c. 90, § 20.