1.2 MGL Chapter 146 §§ 57–67: Applications, Examinations, Appeals, License Term & Renewal

How these sections fit together

Chapter 146 was originally written for boiler inspectors, steam engineers and firemen, and the hoisting provisions were added among those older sections. Some sections apply to every license class. Others apply only to steam engineers and firemen. Mixing them up is a classic exam mistake.

Section 57: one application, one exam, and the 60-day rule

Each application is made on the department's form, is signed and sworn, and shows the applicant's experience. Each application entitles the applicant to one examination, apart from an appeal. The rule most likely to be tested is the last clause: no person shall make application for a license of any particular class oftener than once in 60 days. 230 CMR 6.02(3)(a)2 applies the same limit to hoisting.

The limit applies per class. A candidate who fails the 1B exam on March 3 cannot reapply for 1B until 60 days have passed. Nothing in that clause stops the same candidate from applying for 2A in the meantime.

Section 59: suspension, revocation and lost licenses

• A license as engineer, fireman or operator of hoisting machinery shall be suspended or revoked for incompetence or untrustworthiness of the holder.
• A wilfully false statement in the application is sufficient cause for revocation at any time.
• If a license is lost or destroyed, a new one is issued without examination upon satisfactory proof and payment of the fee.

Section 65: the hoisting license examination

1. A person who wants to act as an operator of hoisting machinery applies to the Division of Occupational Licensure.
2. If the applicant meets the commissioner's criteria under § 53, the applicant must pass a written or practical examination, or both, under the standards in the regulations. 230 CMR 6.02(3) requires a written exam with a minimum grade of 70% for every applicant other than an apprentice; a practical exam may be required at the Office's discretion or where federal law requires one.
3. Any operator whose license was revoked, and any person penalized under § 54A, must pass both a written and a practical exam before receiving a later license.
4. Passing entitles the applicant to a license in the category or categories for which the applicant applied and was examined.
5. Each license shall contain a photograph of the licensee. This is why the application requires either a 2" × 2" photo or permission for OPSI to use the Registry of Motor Vehicles (RMV) photo.

Section 65A: temporary permits for rented compact machinery

A person who wants to operate rented compact hoisting machinery on a temporary basis applies to the person or entity renting the machinery, and that entity must be authorized by the commissioner to issue temporary permits. The applicant must meet the commissioner's criteria and pass an examination. Then:

• No temporary permit may be renewed.
• No person may be issued more than one temporary permit in any 45-day period.
• The commissioner may periodically review the records of any permit-issuing entity.

230 CMR 6.03 supplies the details (10,000-pound gross vehicle weight limit, 14-day validity with a first-of-year 28-day exception, and three-year records), covered in Section 2.3.

Section 66A: hoisting appeals

A person aggrieved by the action of a single examiner in refusing, suspending or revoking a hoisting license may, within one week, appeal to the DOL commissioner. The commissioner appoints three OPSI inspectors, or the commissioner and two inspectors, as a board of appeal. The decision of a majority of the board is final.

230 CMR 6.02(5) fills in the procedure for a failed exam score. The written demand is made on an Office form, with a fee, within one week of receipt of the score or its posting on the Office's website, whichever occurs earlier. It must specifically document every ground on which the applicant believes the score was wrong. The board then hears the appeal under MGL c. 30A and issues a written decision. OPSI's Engineering Exam Dates and Results page links the "Application for Appeal of Examiner's Decision (Engineering)."

Section 67: license term and renewal

The birthday rule

A license continues in force until the licensee's date of birth occurring more than twelve months but not more than twenty-four months after the license's effective date, unless suspended or revoked earlier. After that:

• A license or renewal that expires in an even year is renewed to the next birthday in an even year.
• One that expires in an odd year is renewed to the next birthday in an odd year.
• A licensee born on February 29 is treated as expiring on March 1.

Worked example. A license takes effect on October 15, 2026 for an operator born on March 3.

• March 3, 2027 is only about 4½ months after the effective date. It is not more than 12 months, so the license does not expire then.
• March 3, 2028 is about 16½ months after the effective date, which is between 12 and 24 months. The first expiration is March 3, 2028.
• 2028 is an even year, so later renewals expire on March 3 of even years: 2030, 2032 and so on. In practice the license is a two-year license.

Fees, expiration and reinstatement

• The statute sets floors: the renewal fee is not less than $60 and the fee for a new hoisting license is not less than $75. OPSI currently charges a nonrefundable $75 per restriction to apply and a $60 flat renewal fee that does not depend on the number of restrictions renewed.
• A license not renewed at its expiration date becomes void, and after one year it may be reinstated only by re-examination. Within that first year the license is still void: the operator may not operate until it is renewed.
• Military service: a licensee on active duty with the U.S. armed forces keeps a valid license until release from active duty and for not less than 90 days after release.
• A notice of the expiration date must be sent to the licensee at least 30 days before expiration. OPSI's renewal page says it sends the renewal form about 60 days before expiration, and renewal is allowed up to 60 days early.
• A person whose license is suspended or revoked must surrender it to the issuing authority or an inspector.
• When a new license of a different grade is issued, the old license is destroyed by the examiner.

Practice timeline