1.1 MGL Chapter 146 §§ 53–54A: The Hoisting License Mandate, Exemptions & Penalties
Key Takeaways
MGL c. 146 § 53 requires a license or temporary permit to operate derricks, cableways, cargo-discharging machinery and similar hoisting machinery when the motive power is mechanical and other than steam.
The owner or user of hoisting machinery must not operate it or cause it to be operated unless the operator is licensed or holds a temporary permit.
Operators must carry the license or temporary permit while operating (MGL c. 146 § 54); a temporary-permit holder must also carry a valid driver's license.
A violation of §§ 53, 53A or 54 carries a fine of $500 to $3,000, up to 3 months' imprisonment, or both (MGL c. 146 § 54A).
Permitting an unlicensed person to operate hoisting machinery carries a fine of $1,000 to $3,000, up to 3 months' imprisonment, or both (MGL c. 146 § 54A).
Why this section matters on the exam
The Office of Public Safety and Inspections (OPSI), part of the Division of Occupational Licensure (DOL), tells hoisting candidates to study Massachusetts General Laws (MGL) Chapter 146, Sections 53–54A and 64–67 together with 230 CMR 6.00. OPSI's exam application states that the written exam is based on the working parts of the machine, safe operating practices, safety inspection, hand signals, and "the Massachusetts General Laws and Regulations as they apply to Hoisting." Candidates who operate well in the field can still miss legal questions, so read the sections below carefully: the wording of the statute is what the exam asks about.
This section covers §§ 53–54A. Section 1.2 covers the examination, appeal and renewal provisions (§§ 57–67).
Who enforces Chapter 146 hoisting rules
| Body | Role in hoisting licensing |
|---|---|
| Division of Occupational Licensure (DOL) | The commissioner classifies hoisting machinery, adopts the regulations (230 CMR 6.00) and issues licenses |
| Office of Public Safety and Inspections (OPSI) | The "Office" in 230 CMR 6.00: processes applications, gives the exams, inspects, investigates incidents |
| Chief of Inspections | Heads inspections for the Office; sits on or appoints exam-appeal boards |
| District Engineering Inspectors | Field inspectors who may order a license suspended when public safety requires it |
Section 53(a): the license requirement
Section 53(a) says that no person shall operate derricks, cableways, machinery used for discharging cargoes, or temporary elevator cars used on excavation work or for hoisting building material, when the motive power is mechanical and other than steam, unless that person holds a license or a temporary permit.
Three details are frequently tested:
- "Other than steam." Steam-powered machinery falls under the separate engineer and fireman licenses elsewhere in Chapter 146. The hoisting license covers mechanically powered machinery that is not driven by steam: diesel, gasoline, electric, hydraulic or pneumatic.
- Owner/user liability. The owner or user "shall not operate, or cause to be operated" hoisting machinery unless the operator is licensed or holds a temporary permit. The duty applies to the company as well as to the person in the seat.
- Agricultural exemption. An operator is exempt when the machinery is being used exclusively for agricultural purposes. The same machine used to set a septic tank for a neighbor is not agricultural use.
230 CMR 6.01 expands the short statutory list into a full definition of hoisting machinery that covers tower, lattice and telescoping cranes, telehandlers, forklifts, excavators, backhoes, loaders, compact machinery and more (see Section 3.1).
Section 53(b)–(d): classification and suspension authority
- The DOL commissioner must classify hoisting machinery by categories, depending on size, weight, common usage, capacity, power source or other characteristics. At least one category must include cranes and one must include excavating equipment. Those categories are the license classes in 230 CMR 6.10.
- The commissioner adopts regulations under MGL c. 30A covering issuing, denying, renewing, suspending and revoking licenses and temporary permits.
- A final adjudication of a violation of federal or state occupational safety and health regulations (such as an OSHA citation that has become final) is cause for denial, suspension or revocation.
- License criteria must include training and experience appropriate to the category of machinery.
- An OPSI inspector who finds that immediate suspension or revocation is necessary to preserve public health or safety may order it pending the outcome of a hearing. An inspector, or the party that issued a temporary permit, may likewise immediately suspend or revoke a temporary permit.
Section 53(e)–(i): the statutory exemptions
The exemptions are conditional. Each one requires a licensed person to be responsible for the equipment.
| Exempt operator group | Conditions in § 53 |
|---|---|
| Public utility company operating self-propelled truck-mounted cranes, derricks and similar equipment to maintain and build its own equipment | At least one supervisory employee holds a DOL license and is designated the responsible person; the company runs a DOL-approved in-service training program; each trained employee receives a company license showing a picture, the specific equipment covered and the licensed supervisor's signature |
| Other company whose cranes or derricks operate only on public utility property or equipment | It meets the utility conditions above, or its employees hold company licenses from the utility's approved program, or they work at the utility's direction restoring service after a weather or other emergency (the utility notifies the commissioner first) |
| Company using industrial lift trucks, forklifts, overhead cranes and other authorized equipment exclusively on its own property | It meets the licensed-supervisor and in-service training conditions, and a licensed supervisory employee is on site at all times of operation |
| Public vocational high school (MGL c. 74 program) | At least one licensed supervising instructor is on site at all times and designated the responsible person; in-service training is provided for instructors |
| Training facility recognized by the Division of Apprentice Standards that trains operating-engineer apprentices | Same licensed on-site supervising instructor and in-service training conditions |
The regulation adds further detail, including a separate forklift exemption for employees operating on company property that is closed to the public (Section 2.3).
Section 53A: apprentice operators
Section 53A directs the commissioner to issue rules for apprentice operator licenses. The criteria must include training and experience requirements and registration with the apprenticeship council within the department of labor standards. An apprentice may operate hoisting machinery only under the guidance and supervision of a holder of a license for the category of machinery being operated. Apprentice licenses are covered in Section 2.3.
Section 54: carry the license
A license or temporary permit must be carried on the person of the operator or apprentice operator while operating. A temporary permit for compact hoisting equipment must be carried together with a valid driver's license. 230 CMR 6.08(2)(c)20 repeats this: the hoisting license and government-issued identification are carried at all times while operating and shown on request to an Inspector, the Chief or the Commissioner.
Section 54A: penalties
| Violation | Fine | Imprisonment |
|---|---|---|
| Violating § 53, § 53A or § 54, or a rule or regulation made under them | $500 to $3,000 | Up to 3 months, or both fine and imprisonment |
| Preventing or attempting to prevent an inspector from entering premises in the discharge of duties under §§ 53–54 | $250 to $3,000 | Up to 3 months, or both |
| Permitting an unlicensed person to operate hoisting machinery | $1,000 to $3,000 | Up to 3 months, or both |
Section 65 adds a consequence that is easy to miss: any operator whose license is revoked, and any person penalized under § 54A, must pass both a written and a practical examination before a new license may be issued.
Warning
The minimum fine for allowing an unlicensed person to run a machine ($1,000) is higher than the minimum for operating without a license ($500). A foreman who hands the controls to an unlicensed laborer is the one exposed to the larger minimum.
Worked scenarios
Scenario 1: the out-of-state certification. An operator with a national crane certification but no Massachusetts license runs a telescopic truck crane on a Worcester job. National certification is not a Massachusetts license. Under 230 CMR 6.02(3)(c) the Commissioner may waive the examination for a substantially equivalent national certification, but the operator still has to apply for and receive a license first. Operating without one violates § 53, and the contractor that allowed it is exposed under § 54A.
Scenario 2: the license left in the truck. A licensed 1B operator leaves the license card in a pickup half a mile away. Section 54 requires the license to be carried on the person while operating. This is a violation even though the person is licensed.
Scenario 3: the farm loader. A farmer moves round bales with a tractor loader on the farm. That is use exclusively for agricultural purposes, so § 53 does not apply. If the same loader is hired out to load gravel at a construction site, the exemption no longer applies.
Quick reference
| Section | Subject |
|---|---|
| § 53 | License or temporary permit required; classification of machinery; inspector suspension authority; utility, company, school and training-facility exemptions |
| § 53A | Apprentice licenses (registered apprentice, supervised by a licensee for that category) |
| § 54 | License or permit carried on the person; temporary permit plus driver's license |
| § 54A | Fines and imprisonment |
Under MGL c. 146 § 54A, what is the penalty range for a supervisor who permits an unlicensed person to operate hoisting machinery?
A fine of $250 to $1,000 with no possibility of imprisonment
A fine of $500 to $3,000 or up to 3 months' imprisonment, or both
A fine of $1,000 to $3,000 or up to 3 months' imprisonment, or both
A civil fine of $1,000 to $5,000 for each day of unlicensed operation
Which machinery does MGL c. 146 § 53 place outside the hoisting license requirement because of its power source?
Machinery whose motive power is steam
Machinery powered by electric motors
Machinery powered by diesel or gasoline engines
Machinery powered by hydraulic or pneumatic systems
A public utility wants its line crews to operate truck-mounted cranes on utility maintenance work under the § 53(e) exemption. Which condition must the utility meet?
Each crew member must hold a national crane operator certification instead of a state license
The utility must notify the local building commissioner before each job
The crane must have a capacity of less than two tons
At least one licensed supervisory employee must be designated the responsible person, and an approved in-service training program must issue company licenses
Sections you finish are checked off in the contents.