700 CMR, § 7.09 - Traffic, Operation, and Safety

(1) Signs and Orders.

(a) Signs. The Department erects signs on ways to implement the provisions of 700 CMR 7.00, for purposes of trial use, or in the event of an emergency. A person may not disobey a sign unless a Massachusetts State Police officer directs otherwise. A person may not purposefully strike, move, deface, injure, obstruct, or interfere with a sign. A person may not, in any manner or by any means, erect or otherwise deploy any sign, signal, marking, or any other device that would be a sign if the Department deployed it, except with the approval, and at the direction, of the Department.

(b) Orders. A person may not fail to comply with any lawful order, signal, or direction by voice, hand, whistle, or Massachusetts State Police officer.

(2) Traffic Control Signal. The operator of a motor vehicle approaching a traffic control signal exhibiting one or more colored lights shall obey the commands of the lights in accordance with their signification as specified in 700 CMR 7.09(2): Table 9.

TABLE 9

Description of Light	Meaning
Green Light	Proceed.
Green Arrow	Proceed as directed by arrow.
Red Light	Stop or lane closed to traffic.
Red X	Lane closed to traffic.
Amber Light (in any other location)	Proceed only as directed by a Massachusetts State Police officer.
Flashing Light	Reduce speed and proceed with caution and in compliance with any supplemental directions.

(3) Parking.

(a) General Parking Prohibitions and Conditions. No operator may leave a parked vehicle on a way, including in parking areas of a service or rest area, except within those areas where a sign indicates that parking is allowed. Any such sign may impose time limits or other restrictions as the Department deems appropriate. Unless otherwise indicated, parking in service area parking lots where the Department allows parking is limited to two hours. The Department may, if it determines that emergency measures are appropriate, immediately and without notice prohibit parking in areas previously opened to parking.

(b) Over-weight or Over-size Vehicles. Parking of an over-weight vehicle or an over-size vehicle is permitted only in service area parking lots. Parking of such vehicles in parking areas reserved for tandem units is prohibited.

(4) Parking Specifically Prohibited. Without limiting the scope or effect of 700 CMR 7.09(3)(a), parking is specifically prohibited in areas constituting, or designated by signs as constituting, any of the areas listed in 700 CMR 7.09(4): Table 10.

TABLE 10

Type of Area	Limitation of Description. If Any
(a) No Parking area - posted	Sign posted or curb painted yellow for restricted area.
(b) No Parking area - tow zone	-
(c) No Stopping or Standing area	-
(d) Crosswalk	-
(e) Sidewalk	-
(f) Reserved area	-
(g) Area reserved for HP or DV plate parking	-
(h) Handicapped Ramp	-
(i) Median	-
(j) Designated truck or bus parking area	If the vehicle is not a truck or bus.
(k) Designated car parking area	If the vehicle is not a private passenger motor vehicle or motorcycle.
(l) Designated tandem trailer parking area	If the trailer is not part of the tandem unit.
(m) Hydrant area	If any portion of the vehicle is located within ten feet of a fire hydrant.
(n) Designated fire lane
(o) Breakdown lane	Except as such parking is permitted in accordance with 700 CMR 7.12(1) and 700 CMR 7.12(2).
(p) Over Posted Time Limit	If the time that the vehicle has been parking exceed the time limit indicated on an applicable sign.
(q) Inspection Sticker	If the vehicle does not have a properly displayed, current, valid inspection sticker.
(r) Idling in excess of five minutes	-
(s) Emergency vehicle access	-
(t) Double parking	-
(u) Weather emergency	If the vehicle is parked on a way when an applicable sign prohibits parking during an issued or declared weather emergency.
(v) Outside of marked spaces	-
(w) Street cleaning	If the vehicle is parked on the day and time indicated on an applicable sign for street cleaning.

(5) Negligent Operation or Loading.

(a) Negligent Operation. An operator may not operate a vehicle carelessly or negligently or in disregard of the rights or safety of others or without due caution and circumspection.

(b) Negligent Loading. An operator may not operate a vehicle that is constructed, equipped, or loaded so as to endanger unreasonably or to be likely to endanger unreasonably individuals or property.

(6) Speed.

(a) In General: Reasonable and Proper. An operator may not operate a vehicle at a rate of speed greater than that is reasonable and proper, having due regard for traffic, the condition of the roadway, and the safety of the public and property.

(b) In General: Not Driving so as to Endanger. An operator may not operate a vehicle at a speed or in a manner so as to endanger unreasonably or to be likely to endanger unreasonably persons or property.

(c) Maximum and Minimum Speed Limits. An operator may not operate a vehicle at a rate of speed greater than that of the maximum speed limit indicated in 700 CMR 7.09(6): Table 11 for the way. An operator may not operate a vehicle in excess of any lesser maximum speed limit for the way that the Department has posted on a sign on the way. An operator may not operate a vehicle at a rate of speed less than that of the minimum speed limit indicated in 700 CMR 7.09(6): Table 11 for the way except while traveling in a creeper lane, acceleration lane, or deceleration lane; over a portion of a way where the Department has posted a lesser minimum speed limit on a sign; when the vehicle is incapable of operation at the minimum speed because of mechanical failure; when weather or roadway conditions require traveling at a lesser speed; or if the vehicle is an over-weight vehicle or over-size vehicle operating in conformance with a special permit, in which case the vehicle must be capable of maintaining a minimum speed of 20 miles per hour unless the special permit provides otherwise.

TABLE 11

Way	Maximum Speed Limit	Minimum Speed Limit
Turnpike between the New York State border and Interchange 14 in Weston, eastbound, and from Interchange 15 in Newton to the New York State border, westbound	65 m.p.h	40 m.p.h
Turnpike, all other portions	55 m.p.h	40 m.p.h
Callahan and Sumner Tunnels	35 m.p.h	20 m.p.h
Ted Williams Tunnel	40 m.p.h	20 m.p.h
Prudential Tunnel	45 m.p.h.	-
Thomas P. O'Neill, Jr., Tunnel	45 m.p.h.	-
Any Other Way	As posted.	As posted.
Entrance and Exit Ramps; entries and exits to toll plazas; and all other entries, exits, and ramps	As posted.	-

(7) Entering a Way. Except as otherwise directed by a Massachusetts State Police officer or sign, no individual may operate, push, or otherwise cause to move a vehicle on a way except in the direction of traffic. An operator of a motor vehicle entering a service or rest area, interchange, shoulder, or deceleration lane shall enter from the right hand travel lane. An operator of a motor vehicle entering a travel lane from a service or rest area or interchange shall use the acceleration lane and shall enter the travel lane with caution so as not to interfere with or endanger traffic.

(8) Travel Lanes. An operator may not drive a motor vehicle across solid pavement markings separating travel lanes unless a Massachusetts State Police officer, or sign so directs, or in the case of an emergency, or if done in accordance with 700 CMR 7.09(9).

(9) Breakdown Lane. An operator of a motor vehicle may not use a breakdown lane unless authorized by a Massachusetts State Police officer or a sign or the motor vehicle is a disabled vehicle.

(10) Crossing a Median or Area Not Intended for Travel.

(a) General Prohibition. An operator may not drive a motor vehicle upon or across a median or any area that has not been constructed or intended for travel except at the direction of a Massachusetts State Police officer or sign or in conformance with 700 CMR 7.09(10)(b).

(b) Use of Cross-over. An operator may not drive a motor vehicle across a cross-over unless the motor vehicle is a Department vehicle or a vehicle that the Department has authorized in writing to be driven across a cross-over. Before such a vehicle uses a crossover, except one located at a Massachusetts State Police barracks or an Department maintenance depot, the operator shall drive onto the right shoulder and stop until the pavement can be crossed in safety. After the vehicle, except one plowing snow or sanding a way, has entered the cross-over, the operator shall again stop the vehicle until entry can be made on to a travel lane without presenting a hazard to through traffic. The operator of a vehicle plowing snow or sanding a way shall cause the vehicle to remain stopped on the right shoulder until both roadways on either side of the cross-over can be crossed in safety in a single movement without presenting a hazard to through traffic.

(11) Restricted Areas.

(a) In General. An operator may not drive a motor vehicle upon any portion of a way when, by reason of construction, surface treatment, maintenance, or the like, or because of some unprotected hazard, the portion of the way is closed to travel or use as indicated by a sign or by a Massachusetts State Police officer.

(b) Left Lane Restrictions on the Turnpike. On the Turnpike between Interchange 14 in Weston and Interchange 9 in Sturbridge, in both directions, no operator of a heavy commercial vehicle other than a bus may, except in an emergency, use any travel lane other than the extreme right-hand travel lane or, when overtaking and passing another vehicle, the next adjacent travel lane. East of Interchange 15 of the Turnpike in Weston, in both directions, no operator of a heavy commercial vehicle, bus, or vehicle with anything in tow may use any travel lane other than the extreme right-hand travel lane, or, when overtaking and passing another vehicle, the next adjacent travel lane, except in an emergency or when access to or egress from the turnpike is provided by the extreme left lane, and, in this circumstance, the operator shall use the extreme left lane only to the extent reasonably necessary to enter or leave the Turnpike safely.

(12) Construction Zones. The Department posts signs notifying operators that they are entering a construction zone or maintenance work zone on a way, indicating the speed limit within the zone, and indicating the fine for speeding within the zone as provided in 700 CMR 7.13(3)(a).

(a) Excess Speed. An operator may not drive a vehicle in such a zone at a speed in excess of the posted speed limit. In accordance with M.G.L. c. 90, § 17, any person operating a motor vehicle through the parameters of a marked construction zone or construction area, at a speed which exceeds the posted limit, or at a speed that is greater than is reasonable and proper, shall be subject to a fine of two times the amount currently in effect for the violation issued.

(b) Excluded Zone. An operator may not drive a vehicle in areas within such a zone from which the vehicle is excluded as indicated by a sign.

(c) Careless Manner or Purposeful Interference. An operator may not operate a vehicle in such a zone in a careless manner, including striking, moving, or interfering with a sign.

(13) Keeping to the Right.

(a) In the Tunnels. The operator of a truck, bus, school bus, or slow-moving motor vehicle in the Tunnels shall drive only in the right-hand lane unless a Massachusetts State Police officer, or sign otherwise directs.

(b) On Ways Other than the Tunnels. The operator of a motor vehicle on a way other than the Tunnels shall drive in the lane nearest the right shoulder of the roadway, when that lane is available for ordinary travel, except when overtaking another vehicle in that lane or at the direction of a Massachusetts State Police officer or sign. When the lane nearest the right shoulder of the roadway is a creeper lane or breakdown lane, an operator shall drive in the lane adjacent to the creeper lane or breakdown lane, except when overtaking another vehicle in that lane or at the direction of a Massachusetts State Police officer or a sign.

(14) Passing. An operator of a motor vehicle may not overtake, attempt to pass, or pass another vehicle in violation of 700 CMR 7.09(8). An operator of a motor vehicle overtaking another vehicle shall, when necessary, signal that vehicle and also any vehicle to the rear in sufficient time before attempting to pass to give ample warning of such movement. If both the overtaking vehicle and the vehicle being overtaken are in the same lane, the operator of the overtaking vehicle shall gradually cross to an adjacent lane, which may not be a paved shoulder or a creeper lane, so as to avoid a sudden turn and to allow the overtaking vehicle to pass the overtaken vehicle at a safe lateral distance. The operator of a motor vehicle about to be overtaken and passed by another vehicle shall continue in the lane then occupied by the overtaken vehicle and may not increase the speed of the vehicle until it is completely passed by the overtaking vehicle. An operator of a motor vehicle may overtake, attempt to pass, or pass another vehicle in the same lane.

(15) Space Between Vehicles. The operator of a motor vehicle may not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicle and traffic conditions.

(16) Coasting. No operator may operate a motor vehicle without engaging the gears of the motor vehicle's transmission.

(17) Stopping, Backing, or Turning.

(a) Restrictions on Stopping, Standing, or Parking. The operator of a vehicle may not stop, stand, or park the vehicle except in conformance with 700 CMR 7.09(3) or (4); when necessary to avoid injury or damage to individuals or property; in compliance with the direction of a traffic control signal or sign; in compliance with the direction or signal of a Massachusetts State Police officer; or because the vehicle is a disabled vehicle that is repaired or removed in conformance with 700 CMR 7.12(1) or (2).

(b) Backing and U-turns Prohibited. Except as provided in 700 CMR 7.09(10), no operator of a motor vehicle may back the motor vehicle or make a U-turn on a travel lane, acceleration lane, breakdown lane, creeper lane or ramp.

(c) Care in Stopping or Turning. An operator, before stopping a vehicle or making any turning movement that would affect the operation of any other vehicle, must give a plainly visible signal by activating the brake lights or directional lights or signal as provided on the vehicle. In the event that electrical or mechanical signals are not operating or not provided on the vehicle, the operator must make a plainly visible signal by means of the left hand and arm as follows:

Intention to turn to the left:	Hand and arm extended horizontally.
Intention to turn to the right:	Hand and arm extended upward.
Intention to stop or decrease speed:	Hand and arm extended downward.

(18) Repairs and Removal of Disabled Vehicles. No person may repair or remove a disabled vehicle except in accordance with the applicable provisions of 700 CMR 7.12.

(19) Over-height Vehicles. The operator of a vehicle that activates a red light signal or the sounding of a buzzer warning that the vehicle is over-height shall immediately bring the vehicle to a stop and may not proceed further unless a special permit that the Department issues authorizes such travel.

(20) Cutouts. No operator of a motor vehicle may use any cutout or other apparatus or device that allows exhaust gas to escape into the atmosphere without passing through a muffler or silencer.

(21) Horn. No operator may sound a vehicle's horn or other device or in any manner operate the vehicle so as to make a harsh, objectionable, or unreasonable noise.

(22) Headlights.

(a) In the Tunnels. No operator may flash the headlights of a motor vehicle or operate the motor vehicle with its headlights on high beam in the Tunnels, except on surface or aboveground roads or ramps of the Tunnels, provided that such use is warranted for reasons of safety.

(b) On Ways Other than the Tunnels. Whenever there is sufficient light within the traveled portion of a way other than the Tunnels to make clearly visible to the operator of a vehicle all other vehicles, individuals, or substantial objects for a distance of 350 feet, or whenever the operator of a vehicle approaches an on-coming vehicle within 500 feet, the operator shall regulate or operate the headlights of the vehicle so that no dangerous or dazzling light when measured 75 feet or more ahead of the headlights on a surface of uniform grade, rises to a height greater than 42 inches above the grade.

(23) Adequate Fuel. No operator of a motor vehicle may enter a way unless the motor vehicle carries a fuel or energy supply in its main fuel reservoir or energy supply source sufficient to enable it to complete its passage on the way without stopping to refuel or re-energize, except at designated service areas.

(24) Disposal of Waste or Other Materials.

(a) Minor Waste Disposal. No individual may dispose of household or commercial garbage or refuse other than by placing it in a trash barrel that the Department has placed on a way for the convenience of the traveling public.

(b) Major Waste Disposal. No individual may willfully place or drop on or from a way an article that may cause injury or death to an individual or damage to property, or improperly dispose of an article or waste material of any kind or description.

(25) Defacing. No person may cut, mutilate or remove a tree, shrub, or plant located on a way. No person may paint, mark, or mar any wall, bridge, or other structure on a way.

(26) Inspection Stickers. No vehicle may travel on a way unless it properly displays a current, valid inspection sticker pursuant to M.G.L. c. 90, § 7A, or the law of another jurisdiction in which the vehicle is registered as indicated by the number plate displayed by the vehicle.

(27) Inadequate Equipment. No operator may operate a vehicle in a manner that would violate any requirement as to the use of brakes, directional signals, lights, or safety devices and equipment specified in M.G.L. c. 90 with respect to the operation of a similar vehicle operating upon a way of the commonwealth.

(28) Idling. An operator of a motor vehicle shall comply with the provisions of M.G.L. c. 90, § 16A, regarding the unnecessary operation of the engine of a motor vehicle.

(29) Transportation of Alcoholic Beverages. No vehicle may travel on a way unless the operator complies with the provisions of M.G.L. c. 138, § 22, regarding the transportation of alcoholic beverages.

(30) Inspection and Examination of Cargo. No motor carrier may travel on a way unless it complies with the provisions of M.G.L. c. 159B, § 14A, with respect to the inspection and examination of cargo and of papers relating to cargo.

(31) Interstate Transportation. No vehicle may travel on a way unless it complies with the provisions of M.G.L. c. 159B, § 10, regarding interstate transportation.

(32) Operator's Record of Duty Status. An operator who 49 CFR 395 (1997) requires to keep a record of duty status must maintain and carry this record and present it to a Massachusetts State Police officer or other Department official upon demand.

Notes

700 CMR, § 7.09

Amended by Mass Register Issue 1324, eff. 10/21/2016.