Massachusetts Statutes

Section 70. The department of highways shall proceed to consider the abolition of grade crossings in the order established by the program orders as adopted and amended or revised under section sixty-five, and shall hold public hearings on each such grade crossing abolition, due n…

Section 72. Whenever a grade crossing is abolished upon a state highway, county way, or way which has been petitioned for as a state highway, the said highway or way shall be so constructed that there shall be a clear view in each direction for at least one hundred and fifty feet…

Section 73. The amount of any expenditure under section eighty by a street railway company toward the cost of abolishing a grade crossing shall be deemed and taken in all proceedings thereafter as a part of the value of its property for street railway purposes; and such company m…

Section 74. If in an order of abolition under section seventy it is determined that the location of the railroad or of the public or private way shall be changed, such order when a copy thereof is filed with the department of telecommunications and energy shall establish the loca…

Section 75. All damages sustained by any person in his property by the taking of land for or by the alterations of the grade of a public way, or by an abutter thereon by the discontinuance of such public way, to the same extent as damages are recoverable by abutters on ways disco…

Section 76. In any case arising under the preceding section, where any person sustaining damage to his property in the manner therein specified fails to bring a petition within the time limited by chapter seventy-nine, the attorney general may join with the other parties interest…

Section 77. After the completion of the work, the expense of maintenance and repair shall be paid as follows: if the public way crosses the railroad by an overhead bridge, the superstructure and subflooring of the bridge and its abutments or other supports shall be maintained and…

Section 78. All accounts of expense incurred by the railroad corporations or the city or town shall from time to time be submitted to the department of highways which shall audit the same, including any expense incurred by the commonwealth for or in connection with a state highwa…

Section 79. The superior court shall have jurisdiction in equity to enforce compliance with sections sixty-five to eighty-two, inclusive, and with the orders and agreements made thereunder. The supreme judicial court shall have jurisdiction in equity to review, modify, amend or a…

Section 8. Whoever, with intent to defraud or injure in his business a person licensed by any town as a carrier of goods for hire, takes from the order box of such carrier or effaces or destroys any order to or direction for such carrier to call for and receive goods to be transp…

Section 80. If the board of aldermen of a city or the selectmen of a town where a public way and a railroad cross each other and the directors of the railroad corporation deem it necessary for the security and convenience of the public that alteration should be made in such cross…

Section 82. Sections fifty-nine to sixty-four, inclusive, of this chapter and sections one hundred and eight, one hundred and eleven, one hundred and twelve, one hundred and thirteen and two hundred and fifty-two of chapter one hundred and sixty, so far as they relate to proceedi…

Section 83. Every railroad corporation and railway company shall, upon request of the department, and at least once in two years, cause an examination of its tracks and roadbed and of its tunnels and bridges and of the approaches thereto to be made by a competent engineer, who sh…

Section 84. If the county commissioners of a county, the board of aldermen of a city or the selectmen of a town where a bridge at the crossing of a public way and a railroad, or a bridge upon which a railway company is authorized to lay and use tracks, is located in whole or in p…

Section 85. If railroad corporations, railway companies, counties, cities, towns, or any of them, jointly or severally, are charged with the duty of maintaining or repairing any such bridge under any provision of law, agreement, or decree of court, and if the parties so charged w…

Section 86. Seven or more persons, a majority of whom are residents of the commonwealth, being employees of any railroad, railway or steamboat corporation, organized under the laws of the commonwealth, may form a corporation under chapter one hundred and eighty for the purpose of…

Section 87. The by-laws of such corporation shall be approved by the department, and shall prescribe the manner in which, and the officers and agents by whom, the purpose of its incorporation may be carried out, and also the manner in which its property may be invested. Such corp…

Section 88. A railroad corporation operating a railroad or portion thereof in the commonwealth, or a railway company, may, by vote of its directors, associate itself with seven or more of its employees in forming a corporation under section eighty-six, or may, upon the invitation…

Section 9. Sections one hundred and ninety-three, two hundred and six and two hundred and thirty-three of chapter one hundred and sixty shall apply to steamboat lines within the commonwealth and to persons who are engaged or who desire to engage in the express business thereon.

Section 92. Special police officers appointed by the colonel of state police under the provisions of section fifty-one of chapter twenty-two C shall, when on duty except as detectives, wear in plain sight a metallic badge, inscribed with the words, ''Railroad Special Police'', ''…

Section 93. Railroad, railway, railway express or steamboat police officers may preserve order on the premises, cars, vehicles, vessels and boats of the corporation or company upon whose petition they are appointed and at the wharves and landing places owned or used by such carri…

Section 94. The person so arrested by railroad, railway or railway express police officers shall be taken to the police station or other place of lawful detention in the city or town where the arrest is made, or in the city or town where the car, vehicle, boat or vessel next stop…

Section 95. Railroad, railway, railway express and steamboat police officers shall be paid by the corporation or company upon whose petition they are appointed. Such corporation or company shall be liable for any official misconduct of such officers to the same extent as for tort…

Section 96. A person to whom a debt is due for labor performed or for materials furnished and actually used in constructing a railroad or railway under a contract with a person other than the railroad corporation or railway company, who has authority from or is rightfully acting …

Section 97. A person who has contracted to construct the whole or a specified part of such railroad or railway shall not have such right of action.

Section 98. A person shall not have such right of action for materials furnished, unless, before beginning to furnish them, he files in the office of the clerk of the city or town where any of the materials are to be furnished a written notice of his intention to claim such right…

Section 99. A person shall not have such right of action for labor performed, unless, within thirty days after ceasing to perform it, he files in the office of the clerk of a city or town where any of said labor was performed a written statement, on oath, of the amount of the deb…

Section 1. No person shall, except as otherwise provided in this chapter, operate any motor vehicle upon any public way in any city or town for the carriage of passengers for hire, in such a manner as to afford a means of transportation similar to that afforded by a railway compa…

Section 10. Any person engaged in the operation of motor vehicles under a license and certificate as provided in this chapter is hereby declared to be a common carrier. The department shall have general supervision and regulation of, and jurisdiction and control over such common …

Section 11. If the department after notice and hearing finds that any motor vehicle subject to this chapter has been operated in violation of any provision thereof, it may notify the registrar of motor vehicles of its findings, and the registrar may thereupon revoke the registrat…

Section 11A. No person shall operate or offer to provide service by means of any motor vehicle carrying ten or more persons, including the driver, upon any public way in charter service, as hereinafter defined, unless he shall have obtained from the department a license to engage…

Section 11B. Notwithstanding the provisions of chapter one hundred and sixty-one A to the contrary, any city or town may, for the purpose of providing public transportation facilities or avoiding a reduction or discontinuance of such transportation facilities or for the purpose o…

Section 12. The licensing authority in any city or town may, in respect of matters not treated of in the provisions of law governing the operation of motor vehicles under this chapter or rules established by the department, adopt rules and regulations governing such operation. Af…

Section 13. Nothing contained in this chapter shall lessen or affect the authority or powers of the department of highways or of the registrar of motor vehicles under chapter ninety.

Section 14. The provisions of this chapter shall not apply to transportation by the system known as trolleymotor or trackless trolley under the provisions of chapter one hundred and sixty-three.

Section 15. Whoever violates any provision of this chapter for which no other penalty is provided, or any order, rule or regulation adopted or established thereunder, or any lawful requirement, condition, limitation or restriction contained in any certificate, permit or license, …

Section 16. Whoever fraudulently evades or attempts to evade the payment of a fare lawfully established by a common carrier duly licensed under the provisions of this chapter, either by giving a false answer to the collector of the fare, or by travelling beyond the point to which…

Section 2. Every such license shall specify the route or routes over which the motor vehicles used thereunder may be operated, and shall be on a form approved by the department of telecommunications and energy; provided, that a variance from a form so approved shall not affect th…

Section 3. If a person desiring to operate any motor vehicle for the purposes and in the manner aforesaid over a route covering at least twenty miles holds a license therefor in the terminal municipalities and also a license in all but one of the intervening municipalities, or, i…

Section 31. Whoever willfully, with intent to endanger the safety of any person on board or any person who he believes will board the same, or with a reckless disregard for the safety of human life, damages, disables, destroys, tampers with, or places or causes to be placed any e…

Section 32. Notwithstanding other provisions of this chapter, the school department of a town may make vehicles under its control available to transport a community group, including, but not limited to, senior citizens, little league teams, and a town recreation group, and may ch…

Section 4. A license issued under this chapter on or after November first, nineteen hundred and forty-five, for operations as to which no certificate of public convenience and necessity under section seven is obtained within three years after the date when such license is issued …

Section 5. The department may, in order to provide for unusual, sudden or unforeseen transportation needs, or to avoid interruption of existing transportation facilities, issue such temporary licenses as it deems that public convenience and necessity may require over such route o…

Section 6. No motor vehicle shall be operated under any license issued under this chapter until the licensee, in addition to complying with all orders, rules and regulations of the licensing authority, shall have deposited with the state treasurer a bond, running to him in such s…

Section 7. No person shall operate a motor vehicle under a license issued as aforesaid unless he has also obtained from the department a certificate declaring that public convenience and necessity require such operation. The department may, after public hearing, issue or refuse t…

Section 7A. Any certificate of public convenience and necessity granted by the department pursuant to section seven and chapter three hundred and seventy-eight of the acts of nineteen hundred and forty-seven and any license or permit granted pursuant to sections one, three and el…