REGULATIONS AND BY–LAWS RELATIVE TO WAYS AND BRIDGES

M.G.L. pt. Part I, tit. Title XIV, ch. c. 85

in effect

M.G.L. c. 85, § 1 Direction signs; erection and maintenance by cities and towns

c. 85, § 1. Direction signs; erection and maintenance by cities and towns Section 1. Except as otherwise provided in section two, every city and town shall erect and maintain on the ways therein, except state highways and ways under the control of the department of conservation and recreation, at such places as are convenient for the direction of travelers and at forks or intersections of ways which lead to adjoining cities or towns, direction signs, upon which shall be stated the name of the city, town or place to which each such way leads, and the distance to the same.

M.G.L. c. 85, § 2 Traffic signs or devices; erection and maintenance; rules and regulations

c. 85, § 2. Traffic signs or devices; erection and maintenance; rules and regulations Section 2. The department of highways, in this chapter called the department, shall erect and maintain on state highways and on ways leading thereto and therefrom, and on all main highways between cities and towns, such direction signs, warning signs or lights, curb, street or other traffic markings, mechanical traffic signal systems, traffic devices, or parking meters as it may deem necessary for promoting the public safety and convenience and shall likewise install and maintain in accordance with the department's current manual on uniform traffic control devices, such curb, highway, street or other traffic markings as conditions may require or as may be necessary to carry out the provisions of other statutes pertaining to highway markings. The department may, from time to time, make, alter, rescind or add to rules and regulations relative to such signs, lights, signal systems, traffic devices, parking meters and markings, and may issue rules and regulations to direct, govern and restrict the movements of vehicles on all state highways and to carry out the purposes of section nine of chapter eighty-nine on highways, including state highways, which are designated thereunder by the department as through ways, with penalties for the violation thereof not exceeding twenty dollars for each offense. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than five thousand pounds and which are registered for commercial use, on ways, parkways or boulevards where noncommercial passenger-type motor vehicles are permitted to operate. No such signs, lights, signal systems, traffic devices, parking meters or markings shall be erected or maintained on any state highway by any authority other than the department except with its written approval as to location, shape, size and color thereof, and except during such time as said approval is in effect. The department may, after notice, revoke any approval granted under this section. Except as otherwise provided in section two E, any rule, regulation, order, ordinance or by law which excludes motor vehicles from state highways shall be invalid and of no effect. Except as hereinafter provided, any rule, regulation, order, ordinance or by-law of a city or town hereafter made or promulgated relative to or in connection with the erection or maintenance of signs, traffic control signals, traffic devices, school zones, parking meters or markings on any way within its control shall take effect without department approval provided such signs, traffic control signals, traffic devices, parking meters, school zones or markings are in conformance with the department's current manual on uniform traffic control devices and the department's sample regulation for a standard municipal traffic code; provided, however, that such rule, regulation, order, ordinance or by-law shall not take effect until approved in writing by the department, or be effective after such approval is revoked, if made or promulgated relative to or in connection with the following: (1) any way at its intersection or junction with a state highway; (2) any project which is or was federally aided, in whole or in part; (3) any traffic control signal or flasher in any city or town which does not employ a registered professional engineer in the commonwealth to design, redesign or change the timing and sequence of signal or flasher; (4) any sign excluding heavy commercial vehicles; (5) any school zone establishment or signing in relation to which the city or town intends to seek reimbursement from the commonwealth; (6) any one-way street sign not placed at an intersection of public ways; (7) any rule, regulation, order, ordinance or by-law of a city or town which when made or promulgated would exclude motor vehicle travel on any existing way which connects one city or town with another, unless such rule, regulation, order, ordinance or by-law was promulgated in compliance with the following: (a) the rule-making body of the city or town initiating such rule, regulation, order, ordinance or by-law gives written notice of such action to the chief executive officer of the abutting city, town or county into which the said way extends, and (b) a public hearing is held by the city, town or county initiating such alteration, relocation or discontinuance, public notice of which must be published for each of the two weeks preceding such hearing in a newspaper of general circulation in the abutting city, town or county into which the said way extends, and (c) after concurrence in writing by the chief executive officer of the abutting city or town into which the said way extends or his designee. Notwithstanding the foregoing, speed control signs may be established only in accordance with the provisions of section eighteen of chapter ninety. If any city or town installs and maintains any of the aforesaid traffic control devices without either requesting or obtaining the required approval or after being notified of such disapproval, or in noncompliance with said manual, the department shall withhold or withdraw the unexpended balance of any funds assigned to the said city or town under the provisions of section thirty-four of chapter ninety or sections twenty-five and twenty-six of chapter eighty-one. Any traffic control device which has not been erected or maintained in accordance with the foregoing provisions may be removed by or under the direction of the department and be stored by the department until claimed by the owner or, if not claimed within sixty days after written notice to said owner, may be disposed of at the discretion of the department. Color and arrow indications of traffic control signals shall have the commands ascribed to them in said manual. The use of the flashing white walk pedestrian signal indication, as defined in the official standards of the department, is prohibited. The superior court shall have jurisdiction in equity to enforce the provisions of this section and section one, and also sections one and four of chapter eighty-nine and any rule or regulation made thereunder or to enjoin the violation thereof. The provisions of this section shall not apply to the installation by any city or town, on any way within its boundary, of signs warning motorists of the presence of blind, deaf or otherwise handicapped children in the vicinity.

M.G.L. c. 85, § 2A Removal of vehicles interfering with snow and ice removal

c. 85, § 2A. Removal of vehicles interfering with snow and ice removal Section 2A. The department, for the purpose of insuring the free flow of traffic or for the purpose of snow and ice control operations on a state highway, may, by its own employees or with such other assistance as it may require, remove or cause to be removed to the nearest convenient place any vehicle interfering with such traffic or such operation. The department shall keep records of the registration number of each vehicle so removed and of the place to which it was removed.

M.G.L. c. 85, § 2B Limited access and express state highways; regulation of use

c. 85, § 2B. Limited access and express state highways; regulation of use Section 2B. The department for purpose of promoting public safety upon limited access and express state highways, may from time to time make, alter, rescind or add to regulations to exclude, govern and restrict the use of such state highways by horse-drawn vehicles, bicycles, pedestrians, and vehicles determined by the department, because of their type or because of materials or products being transported, as unsafe for limited access and express state highways, bridges, tunnels or overhead highway structures, which regulations may provide penalties for the violation thereof not exceeding thirty-five dollars for each offense, excepting regulations prohibiting the transportation of unsafe materials or products, the penalties for violation of which shall not exceed five hundred dollars for each offense. The department for the purpose of promoting public safety and convenience during periods of commuter and holiday traffic, inclement weather conditions or construction activity, or for other good cause, may promulgate rules and regulations limiting the time and hours of travel of vehicles one hundred and two inches in width, semi-trailers of up to and including 53 feet in length when operating in semi-trailer unit and tandem units, as defined in section one of chapter ninety, on the National Network, as defined in section nineteen F of chapter ninety, and routes of reasonable access, as designated by the department under provisions of section nineteen G of chapter ninety, or any parts thereof, and such rules and regulations may provide penalties for the violation thereof not exceeding five hundred dollars for each offense. The state police, may, during declared weather emergencies order all trucks off of the roads.

M.G.L. c. 85, § 2C Towing of vehicles from state highways

c. 85, § 2C. Towing of vehicles from state highways Section 2C. The department, for the purpose of promoting public safety and convenience, may authorize by any rule or regulation adopted under this section with such limitations, if any, as may be deemed proper, the colonel of state police and the principal police official of the police department of a city or town, or such sergeants or officers of higher rank as said officers or officials may from time to time designate, to remove, to some convenient place, through the agency of a person or persons in the employ of said police or police force, or by an independent contractor selected on the basis of competitive bids, any vehicle, except a vehicle owned by the commonwealth or a political sub-division thereof or by the United States or an instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered, parked or standing on any part of a state highway in such a manner as to impede in any way the removal or plowing of snow or ice or parked or standing in violation of any rule or regulation adopted under section two which prohibits the parking or standing of all vehicles on such highway or portion thereof at such time and recites that whoever violates it shall be liable to charge for the removal and storage of the vehicle as well as subject to punishment by fine. Liability may be imposed for the reasonable cost of such removal, and for the storage charges, if any, resulting therefrom, upon the owner of such vehicle.

M.G.L. c. 85, § 2D Signs on state highways indicating availability of certain services

c. 85, § 2D. Signs on state highways indicating availability of certain services Section 2D. The department may, upon application by an interested person or persons and upon payment of an appropriate fee to be established by the department, erect on state highways, signs indicating the availability of gas, food and lodging and telephone or other services convenient to the public. Said signs shall be erected at such locations and shall be of such size and color and contain such wording or symbol as the department deems proper for the public convenience, and such signs shall be maintained by the department. Any sign erected under this section shall not constitute a billboard or other advertising device, as defined in section thirty of chapter ninety-three. The department may make such rules and regulations as may be necessary to carry out the provisions of this section. Any fees collected under this section shall be paid over to the state treasurer and credited to the Highway Fund. Notwithstanding the provisions of section five of chapter thirty A, no rule, regulation, change of regulation, or condition of the public works commission promulgated pursuant to the provisions of this section shall take effect except as hereinafter provided. A copy of every such rule, regulation or condition shall be filed with the clerks of the senate and the house of representatives and shall be forthwith referred by them to the joint committee on transportation. Said committee shall file a written report with the clerks of the senate and house of representatives within sixty days after the filing of the copy thereof with said clerks stating whether said rules, regulations and conditions are consistent with the statutory provisions under which they were promulgated. Said rules, regulations and conditions shall take effect unless disapproved by a majority vote of both branches of the general court sixty days after the filing of the copy thereof with the clerks of the senate and house of representatives unless the general court has prorogued within said sixty days. If the general court prorogues within sixty days of the filing with the clerks of the senate and house of representatives of such rules, regulations and conditions, said clerks shall refer the same to said committee in the next session of the general court. Said committee shall report as hereinbefore provided, within sixty days of the first day of such session and such rules, regulations and conditions shall take effect sixty days after such first day of such session unless disapproved by a majority vote of both branches of the general court within such sixty days. The clerks of the senate and house of representatives shall notify the commission of the action taken thereon by the general court.

M.G.L. c. 85, § 2E Regulations to exclude persons and vehicles from state highways; prohibition of low-speed vehicles on certain highways

c. 85, § 2E. Regulations to exclude persons and vehicles from state highways; prohibition of low-speed vehicles on certain highways Section 2E. Notwithstanding the provisions of section 18 of chapter 90, the department for purposes of public safety and convenience may from time to time by regulations exclude persons and vehicles from state highways or portions thereof for such periods as it may deem necessary. The department may by regulation permanently prohibit or limit the operation of a low-speed vehicle, as defined in section 1 of chapter 90, on a state highway or a portion of a state highway, regardless of posted speeds, in the interest of public safety and convenience where it finds that use of the state highway or a particular portion of the state highway by a low-speed motor vehicle would represent an unreasonable risk of death or serious injury to occupants of low-speed vehicles because of general traffic conditions which shall include, but not be limited to, excessive speed of other vehicles, traffic volumes, use of the state highway by heavy trucks or other large vehicles or if the established speed limit on the way increases above 30 miles per hour beyond the point where a low-speed vehicle could safely exit the state highway. The commissioner of highways shall post signs where necessary to provide notice to the public of such prohibited or limited access to low-speed vehicles. Regulations promulgated under this section may provide for a penalty of a fine not more than $75 for a particular violation.

M.G.L. c. 85, § 3 Change of name of ways or parks; appeal

c. 85, § 3. Change of name of ways or parks; appeal Section 3. When the name of any public way, place or section, or of any public park, is changed by the board or officer having jurisdiction thereof, if the name changed has been in use for twenty-five years or more, there shall be a right of appeal from such action to the department. Said appeal shall be taken within thirty days after such change, and shall be by petition of at least twenty-five inhabitants of the town in which such change has been made, requesting the reversal of such action. Notice of the filing of such petition shall forthwith be filed by the department in the office of the clerk of the town in which the change has been made, and upon the filing of such petition, a public hearing shall be given by said department, after such public notice as it shall determine, and unless the department shall approve of such change, the same shall be of no effect.

M.G.L. c. 85, § 3A Approval of name for way other than public way in city or town

c. 85, § 3A. Approval of name for way other than public way in city or town Section 3A. No way in any city or town which is open for public use but has not become a public way shall be given a name unless the same is first approved by its board of survey, or, if there is no such board, its board of aldermen or board of selectmen.

M.G.L. c. 85, § 3B Changing of name of way

c. 85, § 3B. Changing of name of way Section 3B. When any way in a city or town which is open for public use but has not become a public way is known by a name, identical with the name of another such way or of a public way in the same city or town, or so similar thereto as, in the opinion of its board of survey, or, if there is no such board, its board of aldermen or board of selectmen, to lead to confusion, said board, after a public hearing thereon of which notice shall be given in the manner provided in section seventy-four of chapter forty-one, may by order change the name of either such way which has not become a public way. Said board shall cause to be placed on each way, the name of which is changed hereunder, at or near each point where any other way enters or unites with it, a suitable sign bearing the name of such way as changed and stating that it is not a public way, and shall cause to be filed in the registry of deeds of the district in which such way is located, and also in case such way is in a city, in the office of the city engineer or, in case it is in a town, in the office of the town clerk, a copy of the order effecting such change signed by the chairman of the board ordering the same. Nothing in this or the preceding section, nor any action taken under and in accordance with either of them, shall impose any additional liability upon any city or town.

M.G.L. c. 85, § 4 Construction of sidewalks by adjoining landowners

c. 85, § 4. Construction of sidewalks by adjoining landowners Section 4. A person owning or occupying land adjoining a public way in a town may construct a sidewalk within such way and along the line of such land, indicating the width of such sidewalk by trees, posts or curbstones set at reasonable distances apart, or by a railing; and, if a sidewalk is so constructed, whoever rides or drives a horse or team upon and along the same shall forfeit one dollar, to be recovered by such owner or occupant in tort. But this section shall not affect the authority of surveyors of highways or of road commissioners, or any other authority which can legally be exercised over ways, or diminish the liability of any person for unreasonably obstructing ways, nor shall it apply to cities.

M.G.L. c. 85, § 5 Removal of snow and ice from sidewalks by abutting landowners; penalties

c. 85, § 5. Removal of snow and ice from sidewalks by abutting landowners; penalties Section 5. Cities by ordinance and towns by by-laws may provide for the removal of snow and ice from sidewalks within such portions of the city or town as they consider expedient by the owner or occupant of land abutting upon such sidewalks. Such ordinances and by-laws shall determine the time and manner of removal and shall affix penalties, not exceeding fifty dollars in the case of a city or ten dollars in the case of a town, for each violation thereof.

M.G.L. c. 85, § 6 Assessment of cost of removal of snow and ice from sidewalks

c. 85, § 6. Assessment of cost of removal of snow and ice from sidewalks Section 6. Any town which accepts this section or has accepted corresponding provisions of earlier laws, may cause the snow and ice to be removed from its permanent sidewalks constructed of brick, stone, cement, concrete or asphalt, and may provide that the assessors may assess upon the estates abutting on said sidewalks, from which snow or ice has thus been removed, the whole or any part of the cost of such removal; and the provisions of chapter eighty relative to the abatement and collection of betterments shall apply to such assessments.

M.G.L. c. 85, § 7 Exemption from assessment by agreement of owner to remove snow and ice

c. 85, § 7. Exemption from assessment by agreement of owner to remove snow and ice Section 7. Any person, or the agent of any person, owning an estate abutting on any sidewalk as aforesaid, may, on or before November first in any year, procure the exemption of such estate from the assessment aforesaid for the following year by a stipulation in writing with the selectmen that he will remove snow and ice from the sidewalk on which the estate abuts, at such time and in such manner as the selectmen or road commissioners shall direct; and if he fails to fulfil his stipulation the assessment above provided for shall be made and collected as if no such stipulation had been made.

M.G.L. c. 85, § 7A Storage and use of snow removal chemicals; regulations; reports; penalty

c. 85, § 7A. Storage and use of snow removal chemicals; regulations; reports; penalty Section 7A. (a) For the purposes of this section, ''person'' shall include surveyors of highways, road commissioners, superintendents of streets in towns, commissioners of public works in cities and towns, the chief engineer of the highway division of the Massachusetts Department of Transportation, the chief administrative officers of state agencies and private persons, including corporations. (b) No person shall store sodium chloride, calcium chloride or chemically treated abrasives or other chemicals used for the removal of snow or ice on roadways in such a manner or place as to subject a water supply or groundwater supply to the risk of contamination. (c) Any sodium chloride, calcium chloride or chemically treated abrasives or other chemicals used for the removal of snow or ice on roadways and stored within 200 hundred yards of an established river or estuary shall be stored in a solid frame storage shed to insure against ground leaching and airborne pollution of surrounding property. This subsection shall not apply to: (1) a water-dependent marine cargo facility that, on or before May 10, 1991, stored or distributed any such snow removal chemicals, is currently located at the site from which such chemicals were stored or distributed on or before May 10, 1991, such chemicals are stored or distributed with 200 yards of an established river or estuary and such river or estuary has a depth-averaged annual salinity greater than 10 parts per 1,000; or (2) a water-dependent marine cargo facility that stores or distributes any such snow removal chemicals, is located on an established river or estuary that has a depth-averaged annual salinity greater than 10 parts per 1,000 and has an agreement with the municipality in which it is located providing for the best management practices. (d) The department of environmental protection, in consultation with the highway division, may issue regulations as to the place and manner of storage of such chemicals and may regulate, by specific order in a particular case, the place where such chemicals may be used for such purpose. All water-dependent marine cargo facilities storing chemicals used for the removal of snow and ice on roads shall have the best management practices described in writing for inspection at the facility by the department. (e) A violation of this section or a regulation or order issued hereunder shall be punished by a fine not to exceed $50 dollars per day. (f) A person who uses more than 1 ton of the chemicals described in this section in a calendar year shall report annually to the department of environmental protection on November 1 and at such other times as prescribed the amount of such chemicals used in the previous 12 months specified by road section or other location and the amount of chemicals on hand. Copies of such reports shall be made available upon the request of a concerned state or municipal agency or commission. The department may require studies by competent professional personnel of the probable impact of proposed new or improved highways and the maintenance thereof by use of such chemicals upon reservoirs, ponds, streams, lakes, wetlands and the groundwater aquifers associated with both public and private water sources. Estimates of such chemicals to be applied on proposed roadways and other paved areas shall be based upon the most recent records of chemicals actually applied as reported under this section.

M.G.L. c. 85, § 7B Depositing snow on state highways

c. 85, § 7B. Depositing snow on state highways Section 7B. No person other than an employee in the service of the commonwealth or any political subdivision thereof or an employee in the service of an independent contractor acting for the commonwealth or any such subdivision shall pile, push or plow snow or ice onto a state highway so as to impede the flow of traffic on such way. Whoever violates this section shall be punished by a fine of not more than one hundred and fifty dollars.

M.G.L. c. 85, § 8 Permits for signs and other structures projecting into or over ways

c. 85, § 8. Permits for signs and other structures projecting into or over ways Section 8. The municipal board or officer having charge of the laying out of public ways may grant permits for the placing and maintaining of signs, advertising devices, clocks, marquees, public telephones, telephone booths and other appurtenances thereto, permanent awnings and other like structures projecting into or placed on or over public ways in its town or city, and may fix the fees therefor, and may make rules and regulations relating thereto, and prescribe the penalties for a breach of any such rules and regulations, not to be imposed until after five days' notice to remove the same has been given by such board or officer, or by a police officer of the municipality. All such structures shall be constructed, and, when attached to a building, shall be connected therewith, in accordance with the requirements of the inspector of buildings, building commissioner or other board or officer having like authority in the town.

M.G.L. c. 85, § 9 Permits; exemption of certain structures

c. 85, § 9. Permits; exemption of certain structures Section 9. The provisions of section eight shall not apply to signs or other structures projecting into or over the way a distance of less than twelve inches, nor to poles, wires, conduits, and appurtenances of railroad, railway, telegraph and telephone, water, gas, electric light, heat and power companies.

M.G.L. c. 85, § 9A Flashing lights on billboards, etc.; discontinuance orders; penalties; exceptions

c. 85, § 9A. Flashing lights on billboards, etc.; discontinuance orders; penalties; exceptions Section 9A. The department, after a public hearing, may order the discontinuance of flashing lights on any billboard, sign or other advertising device, which in its opinion is so situated as to hinder the proper operation of a motor vehicle by distracting the operator's attention. Whoever fails to comply with said order shall be punished by a fine of not more than five hundred dollars or by imprisonment for not more than thirty days, or both. The provisions of this section shall not be construed so as to prohibit the display of time, weather or other such information. Nothing in this section shall be construed to restrict the powers granted to the outdoor advertising board and to the cities and towns under the provisions of section twenty-nine of chapter ninety-three.

M.G.L. c. 85, § 10 Regulation of use of ways; penalties

c. 85, § 10. Regulation of use of ways; penalties Section 10. Towns may make ordinances and by-laws to prevent the pasturing of cattle or other animals, either with or without a keeper; relative to the passage and driving of sheep, swine and neat cattle; prohibiting persons from riding or driving beasts of burden, carriage or draught, at a rate of speed inconsistent with public safety or convenience; regulating the passage of street cars, or other vehicles, or the use of sleds for coasting; regulating and controlling persons who frequent public places playing on hand organs, drums, trumpets or other musical instruments, upon or through any public way, and may affix penalties of not more than twenty dollars for each violation thereof. They may, by ordinance or by-law, regulate the transportation of the offal of slaughtered animals upon or through any public way and affix a penalty of not more than one hundred dollars for each violation thereof.

M.G.L. c. 85, § 10A Coasting on ways in cities

c. 85, § 10A. Coasting on ways in cities Section 10A. Selectmen in towns, and the aldermen or other board or officer having charge of ways in cities, may by regulation designate certain ways or parts of ways, other than state highways, upon which and the hours during which coasting may be permitted and may in like manner regulate the use of such ways by vehicles during such hours.

M.G.L. c. 85, § 11 Arrest without warrant for driving at excessive speed

c. 85, § 11. Arrest without warrant for driving at excessive speed Section 11. Whoever violates an ordinance or by-law prohibiting persons from riding or driving at a rate of speed inconsistent with public safety or convenience may be arrested without a warrant by an officer authorized to make arrests and kept in custody not more than twenty-four hours, Sunday excepted; and within such time he shall be brought before a proper magistrate and proceeded against according to law.

M.G.L. c. 85, § 11B Bicycles; operation and equipment; regulations; federal product safety standards, effect; races; violations; penalties

c. 85, § 11B. Bicycles; operation and equipment; regulations; federal product safety standards, effect; races; violations; penalties Section 11B. Every person operating a bicycle upon a way, as defined in section one of chapter ninety, shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the special regulations contained in this section, except that: (1) the bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, (2) the bicycle operator shall signal by either hand his intention to stop or turn; provided, however, that signals need not be made continuously and shall not be made when the use of both hands is necessary for the safe operation of the bicycle, and (3) bicycles may be ridden on sidewalks outside business districts when necessary in the interest of safety, unless otherwise directed by local ordinance. A person operating a bicycle on the sidewalk shall yield the right of way to pedestrians and give an audible signal before overtaking and passing any pedestrian. Operators of bicycles shall be subject to the following regulations: (1) Bicyclists riding together shall not ride more than 2 abreast but, on a roadway with more than 1 lane in the direction of travel, bicyclists shall ride within a single lane. Nothing in this clause shall relieve a bicyclist of the duty to facilitate overtaking as required by section 2 of chapter 89. (2)(i) The operator shall ride only upon or astride a permanent and regular seat attached to the bicycle; a passenger shall ride only upon or astride a permanent and regular seat attached to the bicycle or to a trailer towed by the bicycle. (ii) The operator shall not transport another person between the ages of one to four years, or weighing forty pounds or less, on a bicycle, except in a ''baby seat'', so-called, attached to the bicycle, in which such other person shall be able to sit upright; provided, however, that such seat is equipped with a harness to hold such other person securely in the seat and that protection is provided against the feet or hands of such person hitting the spokes of the wheel of the bicycle; or upon or astride a seat of a tandem bicycle equipped so that the other person can comfortably reach the handlebars and pedals. The operator shall not transport any person under the age of one year on said bicycle. (iii) Any person 16 years of age or younger operating a bicycle or being carried as a passenger on a bicycle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Said helmet shall fit the person's head, shall be secured to the person's head by straps while the bicycle is being operated, and shall meet the standards for helmets established by the United States Consumer Product Safety Commission. These requirements shall not apply to a passenger if the passenger is in an enclosed trailer or other device which adequately holds the passenger in place and protects the passenger's head from impact in an accident. (iv) A violation of clause (ii) or (iii) shall not be used as evidence of contributory negligence in any civil action. (3) The operator shall give an audible warning whenever necessary to insure safe operation of the bicycle; provided, however, the use of a siren or whistle is prohibited. (4) The operator shall park his bicycle upon a way or a sidewalk in such a manner as not to obstruct vehicular or pedestrian traffic. (5) The operator shall not permit the bicycle to be drawn by any other moving vehicle. The operator shall not tow any other vehicle or person, except that bicycle trailers properly attached to the bicycle which allow for firm control and braking may be used. (6) The operator shall not carry any package, bundle or article except in or on a basket, rack, trailer or other device designed for such purposes. The operator shall keep at least one hand upon the handlebars at all times. (7) Every bicycle operated upon a way shall be equipped with a braking system to enable the operator to bring the bicycle traveling at a speed of fifteen miles per hour to a smooth, safe stop within thirty feet on a dry, clean, hard, level surface. (8) During the period from one-half hour after sunset to one-half hour before sunrise, the operator shall display to the front of his bicycle a lamp emitting a white light visible from a distance of at least five hundred feet, and to the rear of said bicycle a lamp emitting a red light and a red reflector visible for not less than six hundred feet when directly in front of lawful lower beams of headlamps on a motor vehicle. A generator powered lamp which emits light only when the bicycle is moving shall meet the requirements of this clause. The provisions of this clause related to front and rear lighting shall be enforced by law enforcement agencies only when an operator of a bicycle has been stopped for some other offense. A violation of this clause related to rear lighting shall not be used as conclusive evidence of contributory negligence in any civil action. (9) During the period from one-half hour after sunset to one-half hour before sunrise, the operator shall display on each pedal of his bicycle a reflector, or around each of his ankles reflective material visible from the front and rear for a distance of six hundred feet, and reflectors or reflective material, either on said bicycle or on the person of the operator, visible on each side for a distance of six hundred feet, when directly in front of lawful lower beams of headlamps of a motor vehicle. This clause shall not prohibit a bicycle or its operator to be equipped with lights or reflectors in addition to those required by clauses (8) and (9). (10) No bicycle shall be operated upon a way with handlebars so raised that the operator's hands are above his shoulders while gripping them. Any alteration to extend the fork of a bicycle from the original design and construction of the bicycle manufacturer is prohibited. (11) The operator of a bicycle shall report any accident involving either personal injury or property damage in excess of one hundred dollars, or both, to the police department in the city or town in which the accident occurred. Any federal product safety standards relating to bicycles which are more stringent than the requirements of clauses (7) through (10), inclusive, shall supersede said requirements. Competitive bicycle races may be held on public ways, provided that such races are sponsored by or in cooperation with recognized bicycle organizations and, provided further, that the sponsoring organization shall have obtained the approval of the appropriate police department or departments. Special regulations regarding the movement of bicycles during such races, or in training for races, including, but not limited to, permission to ride abreast, may be established by agreement between the police department and the sponsoring organization. Violations of any provision of this section except violations of subclause (iii) of clause (2) shall be punished by a fine of not more than twenty dollars. The parent or guardian of any person under age eighteen shall not authorize or knowingly permit any such person to violate any of the provisions of this section. A bicycle operated by a person under the age of eighteen in violation of this section may be impounded by the police department, or in a town which has no police department, by the selectmen, for a period not to exceed fifteen days. A violation of any provision of this section by a minor under the age of eighteen shall not affect any civil right or liability nor shall such violation be considered a criminal offense.

M.G.L. c. 85, § 11B1/2 Mandatory helmet use for persons 16 years of age or younger

c. 85, § 11B1/2. Mandatory helmet use for persons 16 years of age or younger Section 11B1/2. Any person 16 years of age or younger operating in line skates, a skate board, a scooter or other manually-propelled wheeled vehicle or riding as a passenger on any such manually-propelled vehicle on a public way, bicycle path or on any other public right-of-way shall wear a helmet. Such helmet shall fit the person's head and be secured by straps at all times while operating in line skates, scooters, skate board or other manually-propelled wheeled vehicle and shall meet the standards for helmets established by the American National Standards Institute (ANSI Z 90.4) or subsequent standards or the Snell Memorial Foundation's 1984 standard for use in bicycling or subsequent standards. A violation of this section shall not be used as evidence of contributory negligence in a civil action. A city or town shall not adopt any by-laws or ordinances to change the standards required by this section.

M.G.L. c. 85, § 11B3/4 Electric bicycles; rights, privileges, duties; regulations

c. 85, § 11B3/4. Electric bicycles; rights, privileges, duties; regulations Section 11B3/4. (a) For the purposes of this section, the term ''electric bicycle'' shall have the same meaning as in section 1 of chapter 90 and the terms ''bike path'' and ''bikeway'' shall have the same meanings as in section 1 of chapter 90E. (b) Except as otherwise provided in this section, an electric bicycle or an operator of an electric bicycle shall be afforded all of the rights and privileges, and shall be subject to all of the duties, of the operator of a bicycle or duties related to a bicycle set forth in sections 11B and 11B1/2, any general or special law, regulation or local ordinance; provided, however, that electric bicycles shall not be ridden or operated on sidewalks. (c) A municipality, local authority or state agency with jurisdiction over a bike path or bikeway after public notice and a public hearing may adopt ordinances or regulations prohibiting or otherwise regulating the operation of electric bicycles on such paths, including, but not limited to, the imposition of speed limits. (d) An electric bicycle shall not be operated on a trail designated for nonmotorized traffic, that a municipality, local authority or state agency has jurisdiction over, if such trail has a natural surface tread made by clearing and grading the soil and no surfacing materials have been added; provided, however, that a municipality, local authority or state agency after public notice and a public hearing may adopt ordinances or regulations permitting or otherwise regulating the use of electric bicycles on such a trail within its jurisdiction, including, but not limited to, the imposition of speed limits. (e) Electric bicycles shall comply with the equipment and manufacturing requirements for bicycles adopted by the United States Consumer Product Safety Commission. (f) Manufacturers and distributors of electric bicycles shall apply a label that shall be permanently affixed, in a prominent location, to each electric bicycle containing the classification number, top assisted speed and motor wattage of the electric bicycle. (g) No person shall tamper with or modify an electric bicycle so as to change the motor-powered speed capability or engagement of an electric bicycle, unless the person appropriately replaces the label required by subsection (f). (h) The secretary of transportation may promulgate regulations for electric bicycles in the commonwealth, including, but not limited, to their safe operation and proper labeling. The secretary shall submit any such proposed regulations to the clerks of the house of representatives and senate and the joint committee on transportation not later than 30 days prior to their effective date.

M.G.L. c. 85, § 11D Bicycle helmets; display of sign requiring use

c. 85, § 11D. Bicycle helmets; display of sign requiring use Section 11D. Every person engaged in the retail business of selling or renting bicycles, in line skates, scooters, skate boards or other manually-propelled wheeled vehicles shall display in an area conspicuous to customers of the business a sign containing the following statement: Massachusetts law requires that a bicycle helmet be worn by a person 16 years of age or under who is riding as an operator or passenger on a bicycle, in line skates, a scooter, or a skate board. By posting such a sign, such retail business shall be deemed to be in full compliance with this act, and no liability shall be incurred in the event that said helmet is not worn. A person, firm or corporation engaged in the business of renting bicycles shall make available a bicycle helmet conforming to the specifications for bicycle helmets of the United States Consumer Product Safety Commission to each person renting a bicycle.

M.G.L. c. 85, § 11E Traffic law violations by bicyclist

c. 85, § 11E. Traffic law violations by bicyclist Section 11E. A police officer who observes a traffic law violation committed by a bicyclist may request the offender to state his true name and address. Whoever, upon such request, refuses to state his name and address or whoever states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished by a fine of not less than $20 nor more than $50. An offender who refuses to state his true name and address may be arrested without a warrant for such refusal but no person shall be arrested without a warrant for any other traffic law violation committed while operating a bicycle. A police officer shall use the ticketing procedure described in chapter 90C to cite a bicyclist for a traffic law violation but the violation shall not affect the status of the bicyclist's license to operate a motor vehicle nor shall it affect the bicyclist's status in the safe driver insurance plan. When a citation is issued to a bicyclist, it shall be clearly indicated on the ticket that the violator is a bicyclist, and failure to do so shall be a defense to the violation. The parent or guardian of a person under 18 years of age shall not authorize or knowingly permit that person to violate this section. A violation of this section by a person under 18 years of age shall not affect any civil right or liability nor shall the violation be a criminal offense. If the offender is under 16 years of age, the officer may give the notice to the parent or guardian of the offender. All fines collected by a city or town pursuant to this section shall be used by the city or town for the development and implementation of bicycle safety programs.

M.G.L. c. 85, § 14A Funeral processions

c. 85, § 14A. Funeral processions Section 14A. (a) For purposes of this section, the following words shall have the following meanings:— ''Funeral directing'', the business, practice or profession, as commonly practiced, of (a) directing or supervising funerals or providing funeral service; (b) handling or encasing, or providing services for handling or encasing, dead human bodies, and preparation of dead human bodies, otherwise than by embalming, for burial or disposal; (c) providing embalming services; (d) providing transportation, interment and disinterment of dead human bodies; and (e) maintaining an establishment so located, constructed and equipped as to permit the decent and sanitary handling of dead human bodies with suitable equipment in such establishment for such handling. ''Funeral director'', any person engaged, or holding himself out as engaged, in the business, practice or profession of funeral directing. ''Funeral escort'', a person or entity that provides vehicle escort services for funeral processions, including, but not limited to, law enforcement personnel. ''Funeral escort vehicle'', a vehicle operated by a funeral escort. ''Funeral home'', a ''licensed funeral establishment'' as defined in regulations of the board of registration in embalming and funeral directing. ''Funeral lead vehicle'', any motor vehicle, including a funeral hearse, leading and facilitating the movement of a funeral procession. ''Funeral procession'', 2 or more vehicles accompanying the body or the cremated remains of a deceased person, in the daylight hours, including a funeral lead vehicle or a funeral escort vehicle. (b)(1) Operators of vehicles in a funeral procession must exercise due care while driving in a funeral procession. A vehicle in a funeral procession may follow the preceding vehicle in the funeral procession as closely as is practicable and safe. (2) The operator of a motor vehicle in a funeral procession shall not drive the vehicle at a speed greater than 55 miles per hour on a highway where the posted speed limit is 55 miles per hour or more or greater than 5 miles per hour below the posted speed limit on a street or road that is not a highway. (3) A vehicle being operated in any funeral procession must have its headlights and taillights illuminated. (4) The turn signals must be flashing simultaneously as warning lights on a vehicle that is the first vehicle in a funeral procession and on a vehicle which the operator has reason to believe is the last vehicle in the funeral procession. (c)(1) Except as provided in paragraph (4) of this subsection, pedestrians and operators of all vehicles shall yield the right-of-way to any vehicle which is part of a funeral procession being led by a funeral escort vehicle or a funeral lead vehicle. (2) Whenever the funeral escort vehicle or funeral lead vehicle in a funeral procession lawfully enters an intersection, either by reason of a traffic control device or at the direction of law enforcement personnel, the remaining vehicles in the funeral procession may continue to follow the funeral lead vehicle through the intersection despite any traffic control device, general law or ordinance to the contrary relative to right-of-way, if the operator of each vehicle exercises reasonable care toward other vehicles and any pedestrians on the roadway. (3) Except as provided in paragraph (4) of this subsection, an operator of a funeral escort vehicle may, while exercising due care, direct operators of other vehicles in a funeral procession to proceed through an intersection or to make turns or other movements despite any traffic control device signal to the contrary. (4) A funeral procession shall have the right-of-way at intersections regardless of traffic control devices subject to the following conditions and exceptions: (i) operators of vehicles in a funeral procession shall yield the right-of-way to an approaching emergency vehicle emitting an audible siren or flashing emergency lights; (ii) operators of vehicles in a funeral procession shall yield the right-of-way when directed to do so by law enforcement personnel; and (iii) operators of vehicles in a funeral procession must exercise due care when participating in a funeral procession. (d) An operator of a vehicle that is not part of a funeral procession shall not: (1) drive between the vehicles forming a funeral procession while the vehicles are in motion except when authorized to do so by law enforcement personnel or when driving an authorized emergency vehicle emitting an audible siren or flashing emergency lights; (2) join a funeral procession to secure the right-of-way as granted by subsection (c); (3) pass a funeral procession on a multiple lane highway on the funeral procession's right side unless the funeral procession is in the farthest left lane; or (4) enter an intersection, even if the operator is facing a green traffic control signal when a funeral procession is proceeding through a red traffic control signal at the intersection as permitted under subsection (c), unless the operator may do so without crossing the path of the funeral procession. If the red signal changes to green while the funeral procession is within the intersection, the operator of the vehicle facing the green may proceed, subject to the right-of-way of a vehicle participating in a funeral procession. (5) a vehicle owned by a funeral home establishment or a licensed or registered certified funeral director, and operated by a funeral director, an employee or an independent contractor of a funeral home may have mounted thereon flashing, rotating or oscillating lights as may be assigned by the registrar of motor vehicles. Such lights shall only be displayed when such owner or operator is proceeding in a funeral procession and at no other time. (e)(1) Liability for any death, personal injury or property damage suffered by any person in a funeral procession shall not be imposed upon the funeral director, funeral home, funeral escort or their employees or agents if the funeral procession was operating in accordance with subsections (b) to (d), inclusive, or would have been operating in such compliance but for the failure of the operator of one or more vehicles in the funeral procession to exercise due care. (2) Liability for any death, personal injury or property damage that results from, is caused by or arises out of any action or inaction of any operator of a vehicle in a funeral procession under the control of a funeral director, funeral home, funeral escort or their employees or agents shall not be imposed on such funeral director, funeral home, funeral escort or their employees or agents if the funeral procession was operating in accordance with subsections (b) to (d), inclusive, or would have been operating in such compliance but for the operator of 1 or more vehicles in the funeral procession not exercising due care. (3) This subsection shall not apply if the death, personal injury or property damage allegedly arose from a negligent act or omission in the operation of a vehicle by the funeral director, funeral home, funeral escort or their employees or agents. The operator of a vehicle in a funeral procession shall not be deemed to be an agent of the funeral director, funeral home or funeral escort unless such operator is an employee of the funeral director, funeral home or funeral escort and is acting in the course of his employment, or unless the operator was retained as an independent contractor of the funeral director, funeral home or funeral escort and is performing services therefore. (f) This section shall not create a new cause of action or substantive legal rights against any funeral director, funeral home, funeral escort or their employees or agents. This section shall not affect any immunities from civil liability or defenses established by general law or any immunity from civil liabilities or defense available at common law to which a funeral director, funeral home, funeral escort or their employees or agents may be entitled. (g) A funeral procession of not more than 10 vehicles shall have the right, except on Sundays and legal holidays, to use any parkway, boulevard or other public way to the same extent and subject to the same regulations and restrictions as vehicles commonly known as pleasure vehicles.

M.G.L. c. 85, § 14B Flares; use by certain commercial vehicles

c. 85, § 14B. Flares; use by certain commercial vehicles Section 14B. Whenever any commercial vehicle having a gross weight in excess of five thousand pounds other than a motor bus or taxicab, or any automobile service truck, so called, becomes disabled or stops to load or unload any motorized equipment from such vehicle or from a trailer upon the traveled portion of any street or highway the operator of such vehicle shall, during the time when lights are required to be displayed on motor vehicles, place three flares on the traveled part of the way in the following positions:— one flare in the center of the traffic lane in which such disabled vehicle remains and distant approximately one hundred feet from such vehicle in the direction of traffic approaching in that lane; one flare not less than one hundred feet from such vehicle in the opposite direction in said lane; and one flare at the traffic side of such vehicle, not nearer than ten feet from the front or rear of such vehicle; provided, that if such vehicle is disabled or stopped to load or unload any motorized equipment from such vehicle or from a trailer upon the traveled portion of any street or highway within three hundred feet of a curve, crest of a hill, or other place where the view of such vehicle is obstructed, the flare in that direction shall be so placed as to afford ample warning to other persons using such way, and in no case less than one hundred feet, nor more than three hundred feet, from the disabled vehicle. The word ''flare'' as used in this section shall mean either a lighted pot torch, a lighted red electric lamp, or a warning device meeting the requirements of Federal Motor Vehicle Safety Standard No. 125. Every motor vehicle to which this section applies, when operated on any street or highway, shall carry at all times not less than three flares in a position where they are easily accessible to any person desiring to use the same and to any officer or official authorized to inspect said vehicle. Violation of any provision of this section shall be punished by a fine of not more than fifty dollars and, in addition, the registrar of motor vehicles may, in the case of a motor vehicle not equipped as provided by this section, suspend for not more than fifteen days the certificate of registration of such vehicle. This section shall not apply to street railway cars and trackless trolley vehicles.

M.G.L. c. 85, § 15 Lights on vehicles

c. 85, § 15. Lights on vehicles Section 15. A vehicle, whether stationary or in motion, on a public way, shall have attached to it headlights and taillights which shall be turned on by the vehicle operator and so displayed as to be visible from the front and rear during the period of 1/2 hour after sunset to 1/2 hour before sunrise; provided, however, that such headlights and taillights shall be turned on by the vehicle operator at all other times when, due to insufficient light or unfavorable atmospheric conditions, visibility is reduced such that persons or vehicles on the roadway are not clearly discernible at a distance of 500 feet or when the vehicle's windshield wipers are needed; provided further, that this section shall not apply to a vehicle which is designed to be propelled by hand; and provided further, that a vehicle carrying hay or straw for the purpose of transporting persons on a hayride shall display only electrically operated lights which shall be 2 flashing amber lights to the front and 2 flashing red lights to the rear, each of which shall be at least 6 inches in diameter and mounted 6 feet from the ground. Upon the written application of the owner of a vehicle and the presentation of reasons therefor the department may, in writing, in such form and subject to such requirements as it may elect, and without expense to the applicant, exempt said vehicle from the provisions of this section for such period of time as said department may elect. A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle insurance premiums pursuant to section 113B of chapter 175.

M.G.L. c. 85, § 16 Duty of driver at night to give name to officer on request

c. 85, § 16. Duty of driver at night to give name to officer on request Section 16. Every person shall while driving or in charge of or occupying a vehicle during the period from one hour after sunset to one hour before sunrise, when requested by a police officer, give his true name and address.

M.G.L. c. 85, § 17 Penalty for violation of Sec. 15 or 16

c. 85, § 17. Penalty for violation of Sec. 15 or 16 Section 17. Whoever violates any of the provisions of section fifteen or section sixteen shall be punished by a fine of not more than five dollars. The driver or custodian of a vehicle shall be deemed to be the party responsible therefor and shall be liable to the foregoing penalty.

M.G.L. c. 85, § 17A Soliciting from vehicles on public ways

c. 85, § 17A. Soliciting from vehicles on public ways Section 17A. Whoever, for the purpose of soliciting any alms, contribution or subscription or of selling any merchandise, except newspapers, or ticket of admission to any game, show, exhibition, fair, ball, entertainment or public gathering, signals a moving vehicle on any public way or causes the stopping of a vehicle thereon, or accosts any occupant of a vehicle stopped thereon at the direction of a police officer or signal man, or of a signal or device for regulating traffic, shall be punished by a fine of not more than fifty dollars. Whoever sells or offers for sale any item except newspapers within the limits of a state highway boundary without a permit issued by the department shall for the first offense be punished by a fine of fifty dollars and for each subsequent offense shall be punished by a fine of one hundred dollars. Notwithstanding the provisions of the first sentence of this section, on any city or town way which is not under jurisdiction of the department, the chief of police of a city or town may issue a permit to nonprofit organizations to solicit on said ways in conformity with the rules and regulations established by the police department of said city or town.

M.G.L. c. 85, § 17B Riding on rear or side of street railway car, motor bus or trackless trolley

c. 85, § 17B. Riding on rear or side of street railway car, motor bus or trackless trolley Section 17B. Whoever rides upon the rear or side of any street railway car, motor bus, or trackless trolley vehicle without the consent of the person in charge thereof shall be punished by a fine of not more than twenty dollars.

M.G.L. c. 85, § 18 Moving of buildings in public way

c. 85, § 18. Moving of buildings in public way Section 18. No person shall move a building in a public way without written permission from the selectmen or road commissioners, to be granted upon such terms as in their opinion the public safety may require; and the superior court shall have jurisdiction in equity to enforce this section.

M.G.L. c. 85, § 19 Leading, driving, or conveying dangerous wild animals on public ways

c. 85, § 19. Leading, driving, or conveying dangerous wild animals on public ways Section 19. Whoever leads or drives a bear or other dangerous wild animal or causes it to travel upon or be conveyed over a public way unless properly secured in some covered vehicle or cage shall be punished by a fine of not less than five nor more than twenty dollars. Any such animal which is found upon a public way not so secured or caged may be killed by a sheriff, constable or police officer.

M.G.L. c. 85, § 20 Regulation of speed on county bridges

c. 85, § 20. Regulation of speed on county bridges Section 20. The county commissioners may establish by-laws regulating the speed at which persons may ride or drive over any bridge in their county which has cost not less than one thousand dollars and which was constructed or is maintained in whole or in part by said county, except bridges controlled by the commonwealth, and may affix penalties not exceeding two dollars for a breach thereof.

M.G.L. c. 85, § 21 Regulation of speed on town bridges

c. 85, § 21. Regulation of speed on town bridges Section 21. A town may establish ordinances or by-laws to prohibit persons from riding or driving horses at a rate faster than a walk over any bridge within its limits which has cost not less than five hundred dollars, and may affix penalties not exceeding one dollar for a breach thereof.

M.G.L. c. 85, § 21A Warning signs on state highways for protection of school children

c. 85, § 21A. Warning signs on state highways for protection of school children Section 21A. Subject to the provisions of section two, cities and towns are hereby authorized to erect and maintain on state and town and city highways such warning signs, lights or markings as are necessary for the protection of school children; provided, however, that, subject to compliance with the department's specifications and standards, figures or objects may be placed or erected on such ways by cities and towns at school crossings for the protection of school children without the approval of the department.

M.G.L. c. 85, § 22 Regulation of speed on incorporated bridges

c. 85, § 22. Regulation of speed on incorporated bridges Section 22. The proprietors of an incorporated bridge may make by-laws to prohibit persons from riding or driving horses over such bridge at a rate faster than a walk; and may affix penalties not exceeding two dollars for each offence, to be recovered to the use of the corporation.

M.G.L. c. 85, § 23 Regulation of travel on state ways; penalties

c. 85, § 23. Regulation of travel on state ways; penalties Section 23. The governor, with the advice and consent of the council, may make by-laws for the regulation of travel on ways belonging to the commonwealth. Whoever violates any such by-law shall be punished by a fine of not more than fifty dollars.

M.G.L. c. 85, § 24 Posting of regulations on bridges

c. 85, § 24. Posting of regulations on bridges Section 24. No person shall be liable to penalty under the four preceding sections for violation of a by-law relating to travel on a bridge, unless a white board containing in black letters the substance of said by-law is kept posted in a conspicuous place at each end of the bridge.

M.G.L. c. 85, § 25 Jurisdiction of district court over bridges

c. 85, § 25. Jurisdiction of district court over bridges Section 25. District courts in the towns in which the bridge terminates, shall have jurisdiction of complaints for the violation, on such bridges, of the five preceding sections.

M.G.L. c. 85, § 26 Drawbridges

c. 85, § 26. Drawbridges Section 26. The department, county commissioners or any city or town in which a draw for the passage of vessels through a bridge used as a way and maintained at the public expense is situated, whichever has control of said bridge, may make ordinances or by-laws regulating the passage of vessels through such draw, not inconsistent with the regulations of the United States on tide water bridges, and may affix penalties not exceeding fifty dollars for each violation thereof; but no such ordinance or by-law shall take effect until approved by the department.

M.G.L. c. 85, § 27 Duties of draw tender

c. 85, § 27. Duties of draw tender Section 27. When such ordinances or by-laws have been approved, the department, county commissioners or the city or town shall place said draw under the direction of a suitable draw tender, and shall post a copy of such ordinances or by-laws in some conspicuous place near by. Such draw tender shall have full control of the passing of vessels through the draw, shall furnish all facilities for such passing, shall allow no detention, having due regard for the public travel, and shall enforce the ordinances or by-laws aforesaid.

M.G.L. c. 85, § 28 Liability of owners of vessel for injury to bridge

c. 85, § 28. Liability of owners of vessel for injury to bridge Section 28. If a vessel, through the negligence of the persons having it in charge, or through their neglect to comply with such ordinances or by-laws, or disregard of the directions of such draw tender, injures a bridge or draw, or a pier or wharf connected therewith, the owner of such vessel shall be liable to the individual or body politic or corporate having control of said bridge, for the damage, to be recovered in tort.

M.G.L. c. 85, § 29 Removal of vessel obstructing draw

c. 85, § 29. Removal of vessel obstructing draw Section 29. Such draw tender may remove a vessel which obstructs such draw, or interferes with the passage of other vessels through the same, or is made fast, without his consent, to such draw or bridge or to a pier or wharf connected therewith, or the persons in charge of which wilfully violate any such ordinance or by-law; and the expense of such removal may be recovered by the commonwealth, county, city or town.

M.G.L. c. 85, § 30 Injury to surface of way; traction engines and heavy vehicles; permits; regulations; liability

c. 85, § 30. Injury to surface of way; traction engines and heavy vehicles; permits; regulations; liability Section 30. Except as provided in section nineteen A of chapter ninety, no vehicle shall travel or object be moved, on any public way, which has any device attached to or made a part of its wheels or the rollers or other supports on which it rests, which will injure the surface of the way; nor shall any vehicle travel or object be moved, on any public way, which weighs more than fourteen tons, or, in the case of a vehicle equipped with pneumatic tires, more than fifteen tons, without a permit from the board or officer having charge of such way, or, in case of a state highway, or a way determined by the department of highways to be a through route, from the commissioner of highways; provided, that no such permit shall be required for the operation of a vehicle having three axles, whether or not so equipped, which does not weigh more than twenty tons. No vehicle shall travel or object be moved on any public way, outside of the metropolitan parks or sewerage districts, the weight of which resting on the surface of such way exceeds eight hundred pounds upon any inch of the tire, roller or other support, without such a permit. Such a permit may limit the time within which it shall be in force and the ways which may be used and may contain any provisions or conditions necessary for the protection of such ways from injury. If, in the opinion of the board or officer having charge of any public way, the travel or moving thereon at any season of the year of any vehicle or object which weighs more than ten thousand pounds would cause injury to such way more serious than the ordinary wear and tear which the type of construction of such way is designed to withstand, such board or officer may by regulation prohibit such vehicle or object from passing over such way during such season without a permit therefor. All such regulations shall, when affecting ways which are determined by the department of highways to be through routes, be subject to the approval of such department. Such regulations shall be published and shall take effect as provided in case of rules and orders under section twenty-two of chapter forty and shall be posted in a conspicuous place at both ends of the part of said way from which traffic is prohibited thereby. The board or officer having charge of any bridge may make regulations prohibiting any vehicle to which this section applies from passing over such bridge at a speed greater than six miles an hour, which regulations shall be in force if conspicuously posted at each end of such bridge with a statement of the load capacity of such bridge. Any person driving, operating or moving a vehicle or object in violation of this section or of any regulation adopted hereunder, or the owner thereof, shall be liable in tort to the body politic or corporate having charge of the way for any injury to the way thereby caused. All the aforesaid limitations as to weight shall be inclusive of the load.

M.G.L. c. 85, § 30A Permit for certain vehicles exceeding weight limitations to operate on through routes; application; notice of approval or disapproval; violations; revocation or suspension of permit

c. 85, § 30A. Permit for certain vehicles exceeding weight limitations to operate on through routes; application; notice of approval or disapproval; violations; revocation or suspension of permit Section 30A. The owner or lessee of any motor vehicle, trailer, semi-trailer or semi-trailer unit, as defined in section one of chapter ninety, which may lawfully be operated on the ways of this commonwealth may apply to the commissioner of highways for a permit authorizing the operation of such motor vehicle, trailer, semi-trailer or semi-trailer unit upon any state highway or way determined by the department of highways to be a through route when the weight of such motor vehicle, trailer, semi-trailer or semi-trailer unit together with its load would exceed the weight limitations prescribed by section thirty or by the provisions of chapter ninety. No such application shall be approved by the commissioner of highways if the weight sought in such application exceeds either the weight of such motor vehicle, trailer, semi-trailer or semi-trailer unit, together with its load, for which such motor vehicle, trailer, semi-trailer or semi-trailer unit is registered, or the gross vehicle weight rating established by a manufacturer of such vehicle or otherwise established in accordance with the provisions of section nineteen D of chapter ninety. All such applications shall be made on forms provided by the commissioner of highways which shall include, but not be limited to, the following: (1) The make, model and year of the motor vehicle, trailer, semi-trailer or semi-trailer unit to which the permit is to apply, including the said gross vehicle weight rating and the weight for which it is registered. (2) The name, business address and residential address, if any, of the owner or lessee of the motor vehicle, trailer, semi-trailer or semi-trailer unit. (3) The name and address of the insurer of the motor vehicle, trailer, semi-trailer or semi-trailer unit. (4) The maximum weight sought for such motor vehicle, trailer, semi-trailer or semi-trailer unit. (5) The period of time for which such permit is sought, which shall not exceed one year from the date on which it is issued by the commissioner of highways. Within seven days after his receipt of such application, the commissioner of highways shall notify the applicant of the approval or disapproval of his application. If the application is disapproved, the commissioner of highways shall notify the applicant, in writing, setting forth his reasons for such disapproval. If the application is approved, the commissioner of highways shall issue to the applicant written evidence of such approval, and the form of such approval shall set forth a description of the motor vehicle, trailer, semi-trailer or semi-trailer unit and its owner or lessee as provided in (1) through (4) above, the maximum weight allowed under such permit, and the expiration date of such permit. Such permit may be issued to allow the operation of any motor vehicle, trailer, semi-trailer or semi-trailer unit having three axles which with its load weighs not more than seventy-three thousand pounds, or any motor vehicle, trailer, semi-trailer or semi-trailer unit having four axles which with its load weighs not more than eighty-seven thousand pounds, or any motor vehicle, trailer, semi-trailer or semi-trailer unit having five or more axles which with its load weighs not more than ninety-nine thousand pounds, but such permit shall not allow the operation of any motor vehicle, trailer, semi-trailer or semi-trailer unit which with its load exceeds either the weight for which such motor vehicle, trailer, semi-trailer or semi-trailer unit is registered or the said gross vehicle weight rating. The commissioner of highways may, however, issue under such conditions and limitations as he shall prescribe, special permits for the carrying of so-called irreducible loads with weights greater than those provided in the preceding sentence, except that the weight authorized by such irreducible load permit shall not exceed the weight for which the motor vehicle, trailer, semi-trailer or semi-trailer unit is registered. Application for a special permit under this section may be approved, and a permit may be issued, to allow the operation of a vehicle for a weight in excess of the weight for which such vehicle is registered if such vehicle is owned or leased by a carrier not domiciled in this commonwealth. In connection with the issuance of a permit to a vehicle owned or leased by a carrier that is not domiciled in this commonwealth, the commissioner of highways may collect a reasonable fee therefor based upon the difference between the weight for which the permit is issued and the weight for which the vehicle is registered, but in no event shall such fee exceed the registration fee that would be collected from a carrier domiciled in this commonwealth to register a vehicle for such weight differential. The receipts from such fee shall be deposited into the highway fund. No motor vehicle, trailer, semi-trailer or semi-trailer unit which is the subject of any such permit issued by the commissioner of highways, other than a permit for the carrying of said so-called irreducible loads, shall be operated on any public way until the registrar of motor vehicles shall have issued to the owner or lessee thereof the permit sticker as provided in section nineteen D of chapter ninety. A conviction of a violation of this section or of sections seventeen, nineteen, or nineteen A of chapter ninety arising out of the operation of any motor vehicle, trailer, semi-trailer or semi-trailer unit for which such permit, other than a permit for the carrying of said so-called irreducible loads, has been issued shall be reported forthwith by the court to the registrar of motor vehicles, who shall, if such conviction is a second or subsequent conviction of such a violation within twelve months, immediately revoke the permit sticker and certificate issued to the owner or lessee under section nineteen D of chapter ninety; and the registrar of motor vehicles shall forthwith report such violation and such revocation to the commissioner of highways, who shall immediately revoke the permit issued for such vehicle to such owner or lessee, and no new permit for such vehicle shall be issued for a period of not less than ninety days from the date of the revocation of the permit. The commissioner of highways may, after a prior hearing, suspend or revoke for cause any permit issued by him under this section, and in the event of such revocation, shall forthwith notify the registrar of motor vehicles, who shall immediately revoke the permit sticker and certificate issued under section nineteen D of chapter ninety. Upon the revocation of any such permit or sticker, the owner or lessee of such motor vehicle, trailer, semi-trailer or semi-trailer unit shall immediately return his copy of such permit certificate to the registrar of motor vehicles under section nineteen D of chapter ninety, and shall immediately remove such permit sticker from any such motor vehicle, trailer, semi-trailer or semi-trailer unit.

M.G.L. c. 85, § 31 Speed of heavy vehicles with metallic tires

c. 85, § 31. Speed of heavy vehicles with metallic tires Section 31. No vehicle which with its load weighs more than four tons shall, when equipped with metallic tires, travel upon any public way at a speed greater than four miles an hour.

M.G.L. c. 85, § 32 Penalties for violations of Secs. 30, 30A, and 31

c. 85, § 32. Penalties for violations of Secs. 30, 30A, and 31 Section 32. Any person violating any provision of section thirty, thirty A, or thirty-one, or the regulations made or permits granted under authority thereof shall be punished by a fine of not more than one hundred dollars, to be paid to the commonwealth when state highways are injured and to the county, city or town when any public way is injured which is under the care of said county, city or town, for use on the public ways of said county, city or town.

M.G.L. c. 85, § 33 Scope of Secs. 30 to 32

c. 85, § 33. Scope of Secs. 30 to 32 Section 33. Nothing in sections thirty to thirty-two, inclusive, shall affect the liability of the commonwealth or of any county, city, or town to pay for any damage or injury to any person or property.

M.G.L. c. 85, § 34 Protection of bridges from heavy loads

c. 85, § 34. Protection of bridges from heavy loads Section 34. Except as otherwise provided in the following section, the department, person or local authorities having control of any bridge constructed prior to June first, nineteen hundred and sixty on any road shall maintain notices not less than one hundred feet from each end of such bridge, legible at a distance of fifty feet, stating the maximum weight of vehicle with load which the bridge will safely carry. The said department, person or local authorities may in addition maintain such notices at all other bridges constructed after June first, nineteen hundred and sixty.

M.G.L. c. 85, § 35 Approval by department of public works of construction of highway bridges; liability for damages to bridges

c. 85, § 35. Approval by department of public works of construction of highway bridges; liability for damages to bridges Section 35. No bridge on a public highway having a span in excess of ten feet, except a bridge constructed under the provisions of chapter one hundred and fifty-nine, shall be constructed or reconstructed by any county or town except in accordance with plans and specifications therefor approved by the department. Said department shall approve or alter to meet its approval all such plans submitted to it and shall determine the maximum load which any such bridge may safely carry, and the department or the local authorities having control of such bridge shall, if such bridge was constructed prior to June first, nineteen hundred and sixty, and may, if such bridge was constructed at a later date, maintain notices not less than one hundred feet from each end thereof and legible at a distance of fifty feet stating the maximum weight of vehicle with load which the bridge will safely carry. Any such bridge which is not posted for the said maximum weight by June first, nineteen hundred and seventy-five, shall immediately thereafter be posted by the department or the local authorities having control of such bridge with signs placed as provided herein restricting travel across such bridge to vehicles weighing three tons or less. Each such bridge so restricted shall be reported forthwith to the department, and the department shall maintain a current list of all such bridges. The owner of a vehicle operated on any bridge posted under this or the preceding section shall be responsible for all damage resulting thereto if the weight of the vehicle and load exceeds the maximum load as posted under this or the preceding section, as the case may be, and the amount of the damage may be recovered in an action at law by the person or authorities charged with the maintenance of the bridge. Any person operating a vehicle the weight of which, with its load, exceeds the maximum weight as posted under this section or section thirty-four shall be punished by a fine of not more than two hundred dollars, unless said vehicle is being operated in accordance with the terms of a special permit issued under the provisions of sections thirty and thirty A.

M.G.L. c. 85, § 36 Construction and loading of vehicles to prevent dropping of load on way; penalty

c. 85, § 36. Construction and loading of vehicles to prevent dropping of load on way; penalty Section 36. No person shall drive or move a motor vehicle on any way, as defined in section one of chapter ninety, nor shall the owner or bailee of any vehicle require or permit the same to be driven or moved on any such way, unless such vehicle is constructed or loaded so as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom, and, if it is loaded with sand, gravel, loam, dirt, stone, rubbish or debris that could fall on other vehicles or on the highway and create litter or potential hazards to other vehicles, unless its load is fully and adequately covered. This section shall not prohibit the dropping of sand for the purpose of securing traction, or the sprinkling of water or other substance on such a way in cleaning or maintaining the same. Whoever violates the provisions of this section shall be punished by a fine of not less than fifty nor more than two hundred dollars.

M.G.L. c. 85, § 37 Indemnity provision in motor carrier transportation contracts void and unenforceable

c. 85, § 37. Indemnity provision in motor carrier transportation contracts void and unenforceable Section 37. Notwithstanding any general or special 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 the effect of indemnifying, defending or holding harmless, an indemnitee from or against any liability for loss or damage resulting from such indemnitee's negligence or intentional acts or omissions shall be void and unenforceable. For the purposes of this section, ''motor carrier transportation contract'' shall mean a contract, agreement or understanding entered into, renewed, modified or extended on or after July 1, 2012, concerning (i) the transportation of property for compensation or hire; (ii) the entry on public or private property for the purpose of loading, unloading or transporting property for compensation or hire; or (iii) a service incidental to the activities under clauses (i) and (ii); provided however, that ''motor carrier transportation contract'' shall not include the Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America or other agreements providing for the interchange, use or possession of intermodal chassis or containers or other intermodal equipment.

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXIV/Chapter85Fetched: 10/20/2026