Title 39, Title 39 Utilities and Carriers

Notwithstanding any general or special law to the contrary, the Massachusetts Bay Transportation Authority (“MBTA”), a body politic and corporate and a political subdivision of the Commonwealth of Massachusetts, and all its real and personal property shall be exempt from taxation…

In weighing the varied interests of the residents of this state, the department shall give consideration, as best as the situation allows, to the individual interest of any city or town expressing a desire to acquire a portion, or all, of the abandoned real estate located within …

The department may utilize federal funds, grants, gifts, or donations that are available, and any sums that are appropriated, in carrying out the purposes of this chapter. The department may apply for entitlement or other funds available under the provisions of 49 U.S.C. § 1654 o…

The department may apply for a loan or a guarantee of a loan under any applicable federal local rail assistance programs, within the limit of funds appropriated for those purposes.

The department is authorized to purchase any railroad rolling stock, equipment, and machinery necessary for the operation and maintenance of any rail properties purchased by it on behalf of the state, with any funds made available for this purpose. The department may also acquire…

The department may contract for the rebuilding or relocation of any rail properties acquired pursuant to this chapter, within the provisions of 49 U.S.C. § 1654 or any other appropriate legislation. The department may also spend any sums appropriated, as well as any other availab…

The department may contract with any domestic or foreign person, firm, corporation, agency, or government to provide, operate, maintain, or improve rail transportation service on the rail properties acquired by the state under this chapter, or may provide such services, operation…

Whenever the department determines that any rail properties acquired by the state are no longer needed for railroad purposes, it may, with the permission of the governor, permanently or temporarily transfer the rail properties to any other state department or agency, or political…

The general assembly shall, from time to time, appropriate such funds as are necessary to effectuate the purposes of this chapter.

The department is hereby authorized to exercise those powers necessary for the state to qualify for rail service assistance pursuant to the provisions of 49 U.S.C. § 1654 or other applicable federal laws, including authority: (1) To establish a state plan for rail transportation …

The department shall promulgate rules and regulations consistent with and for the purpose of adequately implementing the foregoing provisions of this chapter.

The department is hereby authorized to provide financial assistance, within the limits of the funds appropriated for this purpose, for the continuation of operations and maintenance of any railroad within or serving the state as provided for in 49 U.S.C. § 1654 or other relevant …

The department, in performing its planning function, is authorized to request any railroad to provide such data and information as are necessary for the planning process. Railroads operating within the state shall provide the information within sixty (60) days of the date of the …

(a) The department, as sole agent for the state, may acquire by purchase, lease, or otherwise, any portion or portions of the rail property of any railroad corporation, including the tracks and ties, rights of way, land, buildings, appurtenances, and other facilities necessary fo…

The department may operate itself or may sell, transfer, or lease all, or any part, of the rail properties and other property acquired under the provisions of this chapter to any responsible person, firm, or corporation, whether private, quasi-public, or public, for continued ope…

After acquiring any railroad lines within the state, the department shall assist any responsible person, firm, or corporation, to secure, as promptly as possible, any order or certificate required by the Interstate Commerce Commission for the performance of railroad service. The …

The department may take whatever steps are necessary in order to determine the absolute fee simple title ownership of all rail properties of any railroad within the state. The determination may include the status of the rail properties with respect to easements, rights of way, le…

All rail properties within the state offered for sale by any railway corporation after April 9, 1976, shall be offered for sale to the state in the first instance at the lowest price at which the railway corporation is willing to sell. The railway corporation shall notify the sta…

The legislature hereby finds the following legislation to be in the public interest for these reasons: WHEREAS, A tow truck in the hands of an incompetent operator is a dangerous instrumentality; and WHEREAS, The public has an inherent right to ready access to the name, location,…

Notwithstanding any provision of the general laws to the contrary, a police department that orders the removal of or takes into custody an abandoned vehicle of no value shall hold the vehicle for a period of not less than ten (10) days. After the ten (10) days, the police departm…

Any certificated tower having in its possession any vehicle for sixty (60) days or longer, of whatever value and regardless of how it came legally into possession thereof, is hereby presumed to have a valid possessory lien on the vehicle and may proceed to foreclosure after givin…

(a) The owner or person in control of any parcel of property may cause to be removed from the property vehicles trespassing upon the property without the consent of the owner or person in control of the property by retaining, in writing, a certificated tower to remove the trespas…

TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDERS) You are hereby given notice that a ________ (year, make, and model of vehicle) serial number ________ , is being stored at ________ (name, address and telephone number of storage facility). The vehicle is in the possession of ____…

TO: (LAST REGISTERED OWNER AND KNOWN LIENHOLDER) You are hereby given notice that no complaint having been filed and the vehicle not having been claimed or possession retaken or arranged for in accordance with the notice given on ________ (date of first notice) that recovery, tow…

The public utilities administrator shall supervise, regulate, and enforce the provisions of this chapter.

As used in this chapter, the following words shall have the meaning as set forth in this section. (1) “Abandoned vehicle” means (i) A vehicle that is inoperable and more than eight (8) years old and is left unattended on public property for more than forty-eight (48) hours; or (i…

(a) Any member of any police department or the owner or person in control of private property may order the removal of any abandoned or unattended vehicle, or any member of any police department, upon completion of a vehicle survey report, as defined in this chapter, may order th…

(a) A certificated tower removing an abandoned or unattended vehicle shall notify within two (2) hours thereof, the police department of the city or town from which the vehicle is towed, and shall provide: (1) The year, make, model, and serial number of the vehicle; (2) The name,…

(a) If an abandoned, abandoned and of no value, or unattended vehicle, as defined in § 39-12.1-2, is at least ten (10) years old or less than ten (10) years old and has an altered vehicle identification number; has not been registered within one year; has no established fair mark…

Any certificated tower coming into possession of a vehicle in any lawful manner shall have a possessory lien on the vehicle and registration plates, so long as it retains possession, and if it has conformed in full with the provisions of §§ 39-12.1-4 and 39-12.1-8. The lien shall…

Any certificated tower in possession of any vehicle subject to a possessory lien for a period in excess of thirty (30) consecutive days, and not having been compensated in accordance with its published tariff, is authorized to give notice and proceed to foreclosure as provided in…

(a) Prior to enforcement of its possessory lien as provided in § 39-12.1-9, the certificated tower shall give notice by registered mail, return receipt requested, to the last-known registered owner and all known lienholders of record, at the address shown on the records of the ap…

(a) Any vehicle subject to a possessory lien as provided for in § 39-12.1-6, not redeemed by its owner within a period of ten (10) days from the date of the notice sent in conformity with § 39-12.1-8(a) or sixty (60) days from the date of notice sent in conformity with §§ 39-12.1…

As used in this chapter: (1) “Motor carrier” means a contract carrier, a common carrier, or a private carrier of property or passengers by motor vehicle. (2) “Motor carrier transportation contract” means a contract, agreement, or understanding covering: (i) The transportation of …

(a) Notwithstanding the provisions of chapters 12 and 13 of this title, or any general or public law to the contrary, any provision, clause, covenant, or agreement contained in a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has th…

This chapter shall apply to motor carrier transportation contracts entered into or renewed on or after the effective date of this chapter [June 28, 2018].

Terms used in this chapter shall be construed as follows, unless another meaning is expressed or is clearly apparent from the language or context: (1) “Certificate” means a certificate of operating authority issued to a public motor vehicle. (2) “Charter carrier” means a provider…

The business of operating any public motor vehicle not subject to regulation shall now be subject to the provisions of this chapter. However, businesses that have been providing continuous transportation services akin to the public motor vehicle services defined and described in …

Every person owning or operating a motor vehicle engaged as a public motor vehicle is declared a common carrier and subject to the jurisdiction of the division of public utilities and carriers. The division may prescribe any rules and regulations that it deems proper to ensure ad…

No person shall operate a public motor vehicle in any city or town in the state until the person shall have obtained a certificate from the division certifying that the applicant is fit, willing, and able to provide the services as a public motor vehicle in the transportation of …

Upon receipt of an application, the division shall, within a reasonable time, fix the time and place for the hearing. Notice of the hearing shall be given by first-class mail to the applicant and shall be published in a newspaper with statewide distribution.

The division of motor vehicles shall have jurisdiction over the lighting, equipment, safety, and sanitary condition of all public motor vehicles and shall cause an inspection of it to be made before registering it, and from time to time thereafter, as it shall deem necessary for …

No public motor vehicle shall be operated from any taxicab stand on any public highway; nor shall the operator of it transport any passenger for hire unless the transportation is requested by the passenger at an office of the owner of the vehicle, either personally or by telephon…

The owner of any public motor vehicle, operating under this section, shall file with the division of public utilities and carriers a certificate of insurance issued by an insurance company authorized to transact business in this state, showing that the owner has a policy insuring…

No person shall operate a public motor vehicle upon the public highways until the person shall have first obtained an operator’s license as provided for in chapter 10 of title 31. Further, no person shall operate a public motor vehicle upon the highways until the person shall hav…

(a) Any person, firm, or corporation, subject to the provisions of this chapter and/or any rules and regulations promulgated under it, who shall knowingly or willfully cause to be done any act prohibited by this chapter, or who shall be guilty of any violation of this chapter or …