520 CMR, § 13.04

Current through Register 1533, October 25, 2024
Section 13.04 - Issuance of Certification of Competency to be a Carriage Horse Driver, Disqualifications; Examinations; Denials; Appeals
(1) In order to obtain a Certificate of Competency, each Driver shall have a minimum of 80 hours apprenticeship with a Driver who has previously met the requirements under 520 CMR 13.04, and has a minimum of two years driving experience.
(2) The apprenticeship shall be sworn to by the Driver and Apprentice on a form provided by the Department and such documentation together with application for examination and $50 fee shall be submitted to the Department.
(3) Each applicant seeking a Certificate of Competency shall submit to a written examination provided by the Department.
(4)Examinations. Inspectors shall act as examiners for the Certification of Competency. An Inspector may administer the oath to the Apprentice at the time of examination. The examination may include but not be limited to:
(a) All provisions of 520 CMR 13.00;
(b) Massachusetts Registry of Motor Vehicles rules of the road;
(c) The proper method for fitting the bridle, bit, harness and padding to a horse; and, hitching and unhitching a properly harnessed horse;
(d) The proper handling of a Horse Drawn Carriage; and knowledge of responding to emergency situations including but not limited to unexpected animal behavior.
(5) If the applicant fails the exam as provided for in 520 CMR 13.04(3), they may re-test after 30 days.
(6) Each applicant shall posses a valid driver's license to be eligible for examination for a Certificate of Competency.
(7) Applicants shall be at least 18 years of age at the time of application for the Certificate of Competency.
(8)Disqualifications.
(a) No person who has ever been convicted of cruelty of animals shall be eligible to sit for the exam for a Certificate of Competency or otherwise be employed by the carriage horse company.
(b) No person who has a conviction for operating under the influence of alcohol or narcotics, or vehicular homicide in the five years preceding application for a Certificate of Competency shall be eligible to sit for the exam.
(9) The Commissioner shall cause an investigation be made of any criminal record of the applicant for a Driver's Certificate of Competency.
(10)Renewals. Certificates shall continue in force until the date of birth of the Certificate holder occurring more than 12 months but not more than 24 months after the effective date of such Certificate unless sooner revoked.

If any such Certificate or the renewal thereof expires in an even year, any subsequent renewal shall expire on the next anniversary of the Certificate holder's birth occurring in an even year. If any such Certificate or renewal thereof expires in an odd year, any subsequent renewal shall expire on the next anniversary of the Certificate holder's date of birth occurring in an odd year. A Certificate issued to a person born on February 29th shall, for the purposes of 520 CMR 13.04(10), expire on March 1st. Certificates not renewed at expiration shall become void and shall after one year be reinstated only by re-examination of the former Certificate holder.

Certificate Extension - Military Service. If the Certificate holder is on active duty with the armed forces of the United States, as defined in M.G.L. c. 4, § 7 clause forty-third, the Certificate shall remain valid until the Certificate holder is released from active duty and for a period of not less than 90 days following that release. For 520 CMR 13.04(10) to apply, the Certificate holder must be given an Honorable Discharge, a General Discharge, or an Under Other than Honorable Conditions (UOTHC) Discharge as noted on their discharge and separation papers.

520 CMR, § 13.04