Section 9.07 - Exemptions(1)Exemptions. The provisions of 720 CMR 9.00 shall not apply to persons acting in conformity with the direction of an officer, to persons or drivers actually engaged in work upon a highway closed to travel or under construction or repair when the nature of their work necessitates a departure from any part of 720 CMR 9.00, to officers when engaged in the performance of public duties which necessitates a departure from any part of 720 CMR 9.00, nor to drivers of emergency vehicles while operating in an emergency and in performance of public duties which necessitate a departure from any part of 720 CMR 9.00, or to drivers of emergency vehicles while operating in an emergency and in performance of public duties which necessitate a departure from any part of 720 CMR 9.00. These exemptions shall not, however, protect the driver of any vehicle from the consequence of a reckless disregard of the safety of others. The provisions of 720 CMR 9.08(4)(a) shall not apply to persons operating federal, state or municipally owned vehicles carrying such dangerous articles as may be required during an existing or impending emergency nor shall they apply to any vehicle carrying a flammable liquid of a type which is required for the propulsion of the vehicle and is in a portable container in a quantity not exceeding 15 gallons or in a tank which is an integral part of the vehicle, nor shall it apply to devices in a quantity not exceeding 12 devices to be used for the sole purpose of warning other motorists of an emergency condition.
The provisions of 720 CMR 9.08(4)(a) shall not apply to persons operating a vehicle transporting radioactive material when such radioactive material is such that it is exempt from all I.C.C. specification packaging, marking, and labeling because of type and quantity nor shall they apply to persons operating a vehicle transporting radioactive material which consists solely of manufactured articles, other than liquids, when the gross weight of such radioactive material and its container does not exceed 500 pounds per vehicle.
The provisions of 720 CMR 9.08(4)(a) through (c) shall not apply to any vehicle carrying a compressed natural gas of a type which is required for the propulsion of the vehicle, provided the tunnel exhaust fans are in operation, and so long as said vehicle has a maximum fuel capacity consistent with safe practice and national standards including Federal Motor Vehicle Safety Standards #303 and #304, and is equipped with excess flow valves for fuel lines with an inner diameter larger than 1/2", and is identified by a blue-and-white diamond-shaped decal attached as specified in NFPA 52, and is not used to transport compressed natural gas in commerce.
(2)Owner Prima Facie Responsible for Violations. If any vehicle is found upon any street or highway in violation of any provision of 720 CMR 9.00 and orders and the identity of the driver cannot be determined, the owner or the person in whose name such a vehicle is registered shall be held prima facie responsible for such violations.(3)Obedience to Police. No person shall wilfully fail or refuse to comply with any lawful order or direction of a police officer in regard to the direction, control or regulation of traffic. Any person acting in conformity with any such order or direction shall be relieved from the observance of any provision of 720 CMR 9.00 with which the order or direction may conflict.(4)Obedience to Signs, etc. No person shall disobey the instructions of any official sign, signal, marking or marker.(5)Penalties. Any person convicted of a violation of any of the provisions of 720 CMR 9.09 shall be punished as provided in M.G.L. c. 90, § 18A. Any person convicted of a parking violation of any provision of 720 CMR 9.00 shall be punished as provided in M.G.L. c. 90, § 20A1/2. Any person convicted of a violation of any other rule made hereunder shall be punished by a fine of not more than $20 for each offense except that a person convicted of a violation of the provisions of 720 CMR 9.08(4)(a), through 9.08(4)(d) shall be punished by a fine of not more than $500 for each offense.