"The Registrar has
become aware that some persons owning an antique motor car believe
that recent changes to the Antique
Motor Car Affidavit form means that they can no longer operate
their antique motor car on Holidays, Saturdays and Sundays.
In fact, the Registrar's Interpretation of the statute actually
expands an owner's opportunities to operate an antique motor car.
"Massachusetts
General Laws, Chapter 90, Section 1 defines an 'antique motor car'
as follows:
"any motor vehicle
over twenty-five years old which is maintained solely for use in
exhibitions, club activities, parades and other functions of public
interest and which is not used primarily for the transportation of
passengers or goods over any way, provided that the application for
registration thereof is accompanied by an affidavit upon a form
provided by the registrar which shall include a statement of the age
and intended use of such motor vehicle.
"Nothing in the
law specifically authorizes the use of an antique motor car on Holidays,
Saturdays and Sundays, although an antique motor car may be used
on those days if the vehicle is part of an exhibition, club
activity, parade or other function of public interest.
"The Antique Motor
Car Affidavit was amended in March 2003. The prior version of the
Affidavit form contained words that seemed to authorize use of an
antique motor car on Holidays, Saturdays and Sundays even if
the antique motor car was not a part of an exhibition, club
activity, parade or other function of public interest on those days.
It was never the intention of the Registrar to authorize use of an
antique motor car beyond the specific use authorized by the law
itself. The Registrar has no authority to do so.
"The language
contained in the Antique Motor Car Affidavit form no longer includes
the words Holidays, Saturdays and Sundays, but the Registrar
construes the language 'maintained solely for use in exhibitions,
etc.' to include test drives to prepare for such functions and
transportation to and from repair facilities.
"The Registrar
believes that as long as an Antique Motor Car is being operated for
the purposes of a test drive, or to or from a repair facility, to
ensure that the vehicle is being properly maintained for use in
exhibitions, club activities, parades and other functions of public
interest, the day of the week on which that test drive occurs is
irrelevant. The vehicle may even be operated daily (with or without
passengers) if the owner wishes to assure himself or herself that
the vehicle is in good working order and is being properly
maintained, so long as it is not used primarily for the
transportation of passengers or goods over any way.
"The Registrar
further believes this interpretation is consistent with the statute
and the Legislature's apparent desire to encourage the maintenance
and display of such vehicles."
