310 Mass. Reg. 74.02

Current through Register 1527, August 2, 2024
Section 74.02 - Definitions

The definitions found in 310 CMR 74.02 apply and are limited to 310 CMR 74.00.

Automobile Dealer or Vehicle Dealer means any person who, in the ordinary course of his business, is engaged in the business of selling motor vehicles to consumers or other end users pursuant to a franchise agreement and who is required to obtain a Class 1 or Class 2 license pursuant to the provisions of M.G.L. c. 140,§§ 58 and 59.

Automobile Manufacturer or Vehicle Manufacturer means any person, firm, association, partnership, corporation, governmental entity, organization, combination or joint venture which is last in the production or assembly process of a new vehicle that uses mercury-added components, or in the case of an imported vehicle, the importer or domestic distributor of the vehicle; however, if a company from whom an importer or domestic distributor purchases the merchandise has a U.S. presence or assets, that company shall be considered to be the manufacturer and the distributor as defined in M.G.L. c. 93B shall not be considered to be the manufacturer.

Department means the Massachusetts Department of Environmental Protection.

End-of-life Vehicle means any vehicle, which is sold, given, or otherwise conveyed to a vehicle recycler or scrap recycling facility for the purpose of dismantling, recycling or disposal.

Mercury-added Component means a component that contains mercury, including but not limited to a mercury-added vehicle switch, mercury high intensity discharge (HID) headlamp, or fluorescent lamps.

Mercury-added Vehicle Switch means a mercury-added component installed in a motor vehicle that opens or closes an electrical circuit or gas valve, including, but not limited to, those used in light switches and antilock braking systems.

Motor Vehicle (See "Vehicle").

Person means any natural or corporate person, whether public or private, including corporations, societies, associations and partnerships and bodies politic and corporate, public agencies, authorities, departments, offices and political subdivisions of the Commonwealth of Massachusetts.

Scrap Recycling Facility means a facility, location, device or unit, including, but not limited to, scrap recyclers and vehicle shredders, where machinery and equipment are used for processing and manufacturing scrap metal into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap for sale for remelting purposes.

Vehicle or Motor Vehicle means a vehicle propelled by an internal combustion engine or an electric motor, such as an automobile, van, truck, motorized construction equipment, motorized recreational vehicle, motorcycle or forklift.

Vehicle in Commerce means any vehicle offered for sale by a vehicle dealer, or duly registered in Massachusetts or in the United States to be operated on public roads and highways.

Vehicle Recycler means any individual or entity engaged in the business of acquiring, dismantling, crushing (including partial crushing) or destroying six or more vehicles in a calendar year for the primary purpose of reselling their parts. For the purposes of 310 CMR 74.00, an individual or entity owning or operating a mobile or stationary crushing unit is considered a vehicle recycler.

310 CMR 74.02