# Signs on NON-commercial Vehicles



## KSSG70

Hello fellow Public Safety Personel. 

My brother and I are going to be opening up a machine shop smack in the middle of the line of central and western Mass. We would like to put lettering on our personal vehicles to promote our business. Now as in lettering I mean magnetic signs on the doors, or on my SUV, lettering on the very rear non opening side windows. 

So my question is.....Do we have to register our personal vehicles as commercial in Mass if we do this? And if so, what is the M.G.L. Chapter and Section that applies to this?


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## Guest

If you have commercial plates, the name and address of the business has to be on both sides of the vehicle. However, if you have regular passenger plates, put whatever you want on it.


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## KSSG70

Thank you VERY much for the reply on this Delta784. By chance do you have an M.G.L. number on it?


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## OfficerObie59

Hey Delta, I've seached and seached around my law books looking for a source on the violation for the $1,000 fine when the business name isn't affixed to a vehicle w/ CON plates...any idea where I can find it?


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## Guest

OfficerObie59 said:


> Hey Delta, I've seached and seached around my law books looking for a source on the violation for the $1,000 fine when the business name isn't affixed to a vehicle w/ CON plates...any idea where I can find it?


It's $500 first offense, $1000 second and subsequent. I want to say 90-2 for some reason, but that's just a guesstimate, and I'm too lazy to go out to my car for the cheat sheet.


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## KSSG70

Thanks guys. I am looking for advertising on NON-commercial vehicles and if there were any laws on that.


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## Big.G

USMCMP5811 said:


> Hmmm, I'm showing 540 CMR 2.22 Fail to display owners name on a commercial vehicle as a $35 fine.


Anybody who writes for that better be ready to prove it is not a private passenger motor vehicle per 540 CMR 2.05. Even though commerical vehicles are required to display a commerical plate, private passenger cars *may* display a private passenger vehicle registration plate. I assume this allows them to display a commerical plate if they desire. The fees they pay for the commercial plate exceeds $100. So who really gives a shit.



KSSG70 said:


> Thanks guys. I am looking for advertising on NON-commercial vehicles and if there were any laws on that.


By law, if your vehicle displays business advertisements or markings on them automatically makes it a commerical vehicle which are required to display a commerical plate (per 540 CMR 2.05). The only exceptions allowed by 540 CMR 2.05 are if they are for a charitable or religious organizations (the third and tenth clause in MGL C.59 S.5)


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## Guest

USMCMP5811 said:


> Hmmm, I'm showing 540 CMR 2.22 Fail to display owners name on a commercial vehicle as a $35 fine.


There's an MGL for it, but I still don't feel like going out to my car.


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## SinePari

The difference is the primary use of that private passenger car. If you're using it to transport or facilitate your business it needs commercial plates (think landscaping or handyman trucks). The passenger plates aren't a big deal if you're just advertising the name.


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## Tuna

70, also check with the locals in the town you set up in. There may be a town bylaw in regard to this. My wife has magnetic signs for her business on her POV. and has been "spoken to" by the locals.


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## TRPDiesel

The way that I understand the law is that if you display a business name number etc, you are using your vehicle for commercial enterprise (advertising) and required to have commercial tags, and the only exception to that is a tax exempt business.

​


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## MARY3

State Law requires commercial plates if you mark your PC with your business name 540 CMR 2.05.3 states a vehicle must be registered commercially if it has " business advertisements or business markings thereon&#8230;.." It goes to say non profits are exempt.


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## KSSG70

Well people, thanks for the input. I found the section that applies to me in 540 CMR 2.05.3

*"(h) A vehicle used for hire to transport or store goods, wares or merchandise, provided that if the vehicle is owned by an individual, has a maximum load carrying capacity of 1,000 pounds or less, and is so used on only a part-time basis, such vehicle shall not be deemed a commercial vehicle under 540 CMR 2.05(3)- commercial vehicle(h). "Part-time basis" shall mean that not more than 40% of the total usage of the vehicle is devoted to the transporting or storing of goods, wares or merchandise."*

*"(i) A vehicle used to transport or store goods, wares or merchandise intended for sale in the ordinary course of the vehicle operator's or owner's business, provided that if the vehicle is owned by an individual, has a maximum load carrying capacity of 1,000 pounds or less, and is so used on only a part-time basis, such vehicle shall not be deemed a commercial vehicle under 540 CMR 2.05(3) commercial vehicle(i). "Part-time basis" shall mean that not more than 40% of the total usage of the vehicle is devoted to the transporting or storing of goods, wares or merchandise."*

As for the advertising part, it would mean that anyone with a bumper sticker or even the sticker the car dealer puts on the back of your car to promote business would have to be a commercial vehicle.

Thanks again everyone.​


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## MARY3

Take my advice and spend the few extra dollars to register it as a commercial vehicle. I was aware of the 40% rule but didn't mention it for your sake. I've written more than one ticket for improper registration. How are you going to prove what % of the time you use the vehicle for work during a traffic stop? I'll issue the ticket and let you state your case in court. Your choice pay a few extra dollars at the RMV or spend a day or two in court dealing with a ticket appeal.


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## bluesamurai22

If it looks like a personal vehicle and the person says it is a personal vehicle then there would be no reasonable suspicion to write the citation. No?

BTW: My wife has advertising signs on her personal vehicle and it isn't an issue. I hope you wouldn't give her a ticket.



MARY3 said:


> Take my advice and spend the few extra dollars to register it as a commercial vehicle. I was aware of the 40% rule but didn't mention it for your sake. I've written more than one ticket for improper registration. How are you going to prove what % of the time you use the vehicle for work during a traffic stop? I'll issue the ticket and let you state your case in court. Your choice pay a few extra dollars at the RMV or spend a day or two in court dealing with a ticket appeal.


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## TRPDiesel

bluesamurai22 said:


> If it looks like a personal vehicle and the person says it is a personal vehicle then there would be no reasonable suspicion to write the citation. No?
> 
> BTW: My wife has advertising signs on her personal vehicle and it isn't an issue. I hope you wouldn't give her a ticket.


I suppose it would depend on the circumstance, not for nothing, but it isn't like people ever try to lie to us to get out of a ticket.


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## dcs2244

I've got a commercial plate on my pu truck...am I required to advertise a business?


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## Foxy85

Ok....

So...

Commercial Plates and *NO* business name or number = Gig?
PC plates *WITH *business name and number = gig?

Primary or secondary stop?

Chapter and section please....


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## Rock

I've gigged with 90-3 1/2 which I believe is an improperly registered MV $500. If I see a work like van filled with latters plaster and paint and carting around 6 or 7 workers but has no com plate.......GIG!


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## Big.G

Foxy85 said:


> Commercial Plates and *NO* business name or number = Gig?


Depends.

Is it used for a business? If yes, gig. 540 CMR 2.22

If the vehicle is for private use, no.



Foxy85 said:


> PC plates *WITH *business name and number = gig?


Yes. 90-3 1/2 or 540 CMR 2.05


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## Robert35

M.G.L. - Chapter 90 - Table of Contents

Here is the site to look it up.


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## OfficerObie59

resqjyw0 said:


> Yes. 90-3 1/2 or 540 CMR 2.05


So how do you make § 3 1/2 work? By claiming the owner failed to register as a commercial vehicle becuase it woud have jacked up his insurance fees? I can hear my police prosecutor ripping his hair out on this one...

I'm not trying to come off as a douche; I just always thought 3 1/2 was used mainly for people with out of state registrations who don't register in MA becuase of the higher insurance premiums here.

I dunno, I just don't see that in here. 


> Chapter 90: Section 31/2. Commonwealth residency factors; access to information in nonpublic records; certification of facts; motor vehicle registration misrepresentations; penalties and fines
> 
> Section 31/2.
> ......(c) Any person who improperly registers a motor vehicle or trailer _in another state_ or misrepresents _the place of garaging of the motor vehicle or trailer within the commonwealth, for purposes of evading the payment of motor vehicle excise, sales and use taxes or insurance premiums, or to reduce the amount of such payment_, shall be punishable by a fine of not less than $200 nor more than $1,000 for each offense. For purposes of this section, each taxable year that a motor vehicle or trailer is improperly registered shall be considered a separate offense, but no more than 3 years shall be the subject of prosecution. The fines imposed pursuant to this section shall be divided as follows: 75 per cent of the fines shall be paid over to the treasury of the city or town in whose jurisdiction the motor vehicle is customarily garaged; and 25 per cent of the fines shall be paid over to the treasurer of the commonwealth to be deposited in the highway fund to offset costs associated with the implementation of this section. The Massachusetts Collectors and Treasurers Association, in conjunction with the treasurer of the commonwealth, shall report quarterly to the house and senate committee on ways and means the total amount of fines imposed and collected pursuant to this section.
> 
> As an alternative to criminal prosecution, violation of this section may be disposed of as a civil motor vehicle infraction in the amount of $500 under chapter 90C, fines recovered under this paragraph shall be divided as follows: 50 per cent of the fines shall be paid over to the treasury of the city or town in whose jurisdiction the motor vehicle is customarily garaged, of which not less than 40 per cent of the city or town share shall be appropriated to the police department in the city or town; and 50 per cent of the fines shall be paid over to the treasurer of the commonwealth to be deposited in the Highway Fund to offset costs associated with the implementation of this section.


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## Foxy85

Delta784 said:


> It's $500 first offense, $1000 second and subsequent. I want to say 90-2 for some reason, but that's just a guesstimate, and I'm too lazy to go out to my car for the cheat sheet.


Can you post that up here at some point....


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## Big.G

OfficerObie59 said:


> So how do you make § 3 1/2 work? By claiming the owner failed to register as a commercial vehicle becuase it woud have jacked up his insurance fees? I can hear my police prosecutor ripping his hair out on this one...
> 
> I'm not trying to come off as a douche; I just always thought 3 1/2 was used mainly for people with out of state registrations who don't register in MA becuase of the higher insurance premiums here.
> 
> I dunno, I just don't see that in here.


Disregard. I figured it applied after Rock mentioning he's written someone under that chapter and section, and it saying in the CMVI table "REGISTER MV IMPROPERLY TO AVOID TAXES/*PREMIUMS*." Good pick up, I never bothered to actually read what the law on that one.


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## Guest

OfficerObie59 said:


> So how do you make § 3 1/2 work? By claiming the owner failed to register as a commercial vehicle becuase it woud have jacked up his insurance fees?


That's exactly what it's for; you know how powerful the insurance lobby is in this state. I've written it before (not a subsequent yet) and have yet to go to an appeal hearing.


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## tska

I realize this thread is a few months old, but it seems to be the most appropriate place to post that I've found so far.

Along the lines of the original question, I'm starting a part-time landscaping company (extra income on my "5 days off" )...my pickup will be used to carry equipment, but it will be less than 40% of the time. I'm just looking for confirmation that I'm understanding 540 CMR 2.05 correctly:

(d) Any pickup truck or cargo van, if on the bed of the vehicle tools, supplies, materials or
equipment are transported to or from a job site, or are stored for use at a job site, provided that
transportation to or storage for use at a personal project for which no compensation is received shall​not be considered in connection with a "job site";

This applies to my truck. The 40% clause only applies to trucks carrying goods/merchandise/etc, correct? I do in fact need a commercial plate, regardless of how often my truck is used for commercial purposes?

Thanks in advance!




P.S.....GO RED TEAM! :flipoff:


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## John Simmons

Hello, 
I was wondering if I could put a magnetic sign on my vehicle-Mid Size Suv to Promote a non Profit Cancer fund for a few hours a day. Is this legal? amd If not, what would I need to do to help, this Group, to keep my vehicle in compliance.


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## RodneyFarva

Promoting a non Profit Cancer fund.. I really don't see there being any problem as long as its not offensive or obstructing the operators or other motorist view.


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## kdk240

I don't know about anybody else but I've got other stuff to focus on I know I'll leave you the hell alone.
Long as it doesn't obstruct or lead to any type of impeded operation I think its fine.


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