TRACKLESS TROLLEY COMPANIES

M.G.L. pt. Part I, tit. Title XXII, ch. c. 163

in effect

M.G.L. c. 163, § 1 Department defined

c. 163, § 1. Department defined Section 1. In this chapter, unless the context otherwise requires, the ''department'' means the department of public utilities.

M.G.L. c. 163, § 2 Powers

c. 163, § 2. Powers Section 2. Any corporation organized as provided in this chapter, and any domestic street railway company may, as hereinafter provided, transport for hire passengers, freight, express parcels and mail over public ways or over private lands with the consent of the owners thereof by the system known as trolleymotor or trackless trolley, and may build, equip, operate and maintain vehicles for such transportation, and establish and maintain power houses, poles, wires, conduits or other structures within the limits of and over or under such public ways or private lands for the generation and transmission of electricity for the operation of such vehicles, and the authorities having jurisdiction over such public ways may grant permits for the operation of the said vehicles over such ways, and for the erection of poles, wires and other necessary structures within, over or under such public ways in the manner and to the extent provided by law for the granting of locations to street railway companies.

M.G.L. c. 163, § 3 Incorporators

c. 163, § 3. Incorporators Section 3. Five or more persons may associate themselves by written agreement of association with the intention of forming a trolleymotor or trackless trolley company.

M.G.L. c. 163, § 4 Content of agreement of association; execution of agreement

c. 163, § 4. Content of agreement of association; execution of agreement Section 4. The agreement of association shall state— (a) That the subscribers thereto associate themselves with the intention of forming a trolleymotor or trackless trolley company; (b) The corporate name assumed, which shall be one not in use by any other trolleymotor or trackless trolley company, or by any street railway company, or, in the judgment of the department, so similar thereto as to be likely to be mistaken for it, and shall contain words indicating the object of the company; (c) The termini of the proposed route; (d) The length of the proposed route as nearly as may be; (e) The name of each county, city and town where the proposed route is to be situated; (f) The total amount of the capital stock of the company, which shall not be less than two thousand dollars for each mile, nor in any event less than twenty thousand dollars; (g) The par value of the shares, which shall be one hundred dollars; (h) The names and residences of at least five persons, who shall be subscribers to the agreement of association, to act as directors until others are chosen and qualify in their stead. Each associate shall subscribe to the agreement of association his name, residence, post office address, and the number of shares of stock which he agrees to take, but no subscriber shall be bound to pay more than ten per cent of the amount of his subscription unless the company is incorporated.

M.G.L. c. 163, § 5 Laws applicable to organization

c. 163, § 5. Laws applicable to organization Section 5. Except as otherwise provided in this chapter, corporations organized hereunder shall be organized in accordance with the general laws governing the organization of street railway companies so far as applicable and consistent with this chapter.

M.G.L. c. 163, § 6 Permit from authorities having jurisdiction over public ways

c. 163, § 6. Permit from authorities having jurisdiction over public ways Section 6. Every corporation undertaking to perform in public ways the kind of public service authorized by this chapter shall first procure a permit from the authorities having jurisdiction over such public ways in the manner prescribed in and in accordance with section seven of chapter one hundred and sixty-one, and the granting of such permit shall be subject to the approval of the department as provided in said section for the location of street railways. The fee for such a permit shall be set by the authorities having jurisdiction over such public ways. No such approval shall be given for any line any part of which, in the opinion of the department, is so nearly contiguous or adjacent to the line of a street railway company that its construction would result in a competitive service injurious to the public and to such street railway company: provided, that the latter is ready and willing and offers to construct and does construct, within such reasonable time as the department may fix, a line of street railway or a line of trolleymotor or trackless trolley in the public way described in the petition, which the department deems will serve the public as well as would the proposed line described in the petition; and no such approval shall be granted in any event if the department deems that the granting of the same would be unduly injurious to any street railway or trackless trolley line covering the same or substantially the same territory.

M.G.L. c. 163, § 7 Service as common carrier

c. 163, § 7. Service as common carrier Section 7. Every corporation undertaking to perform the kind of public service authorized by this chapter shall thereupon become a common carrier, with all the duties and liabilities of common carriers, and the department shall have the same jurisdiction over the operation and the service rendered that it has over street railway companies, except that no corporation shall be required, without its consent, to extend its trackless trolley service beyond that described in its petition under the preceding section or in its offer to the department thereunder, and the department may permit the suspension or curtailment in whole or in part of the trackless trolley service of any corporation operating under authority of this chapter whenever, by reason of weather or traffic conditions, or of the condition of the highways, or the season of the year, such suspension or curtailment may be desirable for the safety of the traveling public or to avoid loss in operation.

M.G.L. c. 163, § 8 Application of laws governing street railways

c. 163, § 8. Application of laws governing street railways Section 8. Every corporation doing business under this chapter shall be subject to general laws governing street railway companies in respect to the future issue of stocks and bonds, consolidation, leases, revocation of permits and locations; and shall also be subject to the same regulation and supervision, and shall file with the department the same reports and information required of street railway companies, so far as such regulation, supervision and requirements are applicable to corporations doing business under this chapter and are consistent with its provisions.

M.G.L. c. 163, § 9 Commencement of operation; limitation

c. 163, § 9. Commencement of operation; limitation Section 9. The right of any corporation to erect poles, wires and other appliances in accordance with any permit granted under section six, and to operate trackless trolley vehicles upon the line designated in such permit, shall cease as to so much thereof as shall not be in operation within two years after the date of approval by the department, or within such further time as it may, after a hearing, grant.

M.G.L. c. 163, § 10 Purchase of electricity

c. 163, § 10. Purchase of electricity Section 10. Any corporation doing business under this chapter may purchase electricity from any person, city or town, engaged in its manufacture or distribution or from any street railway company, on such terms and conditions as the department approves, and, with like approval, may make contracts with any corporation having poles, wires, conduits or other structures or appliances within the limits of public ways or on private lands for the purchase or for the use of such poles, wires, conduits or other structures.

M.G.L. c. 163, § 11 Purchase of real and personal property

c. 163, § 11. Purchase of real and personal property Section 11. Any corporation doing business under this chapter may purchase and hold personal and real estate necessary or convenient for the operation of its lines.

M.G.L. c. 163, § 12 Security for liability of company; persons enforcing payment

c. 163, § 12. Security for liability of company; persons enforcing payment Section 12. The department of its own motion or upon petition of any interested party may, if after notice and a hearing it finds that such action is necessary for the protection of the public, require any corporation doing business under this chapter to furnish security by bond and/or otherwise, in such amount and of such character as it may, from time to time, determine and approve, for the payment of any final judgment which may be rendered against such corporation for any injury to person or property or for damages for causing the death of any person, by reason of any negligent or unlawful act, on the part of such corporation, its agents or employees, in the use or operation of vehicles by said system known as trolley motor or trackless trolley. Any bond so required shall run to the state treasurer as obligee. Any person so injured or damaged, or his executor or administrator, or the executor or administrator of any person whose death was so caused, may enforce payment of such judgment by suit on such bond in the name of the state treasurer, and in such suit the court may make any appropriate order for the application of any security required as aforesaid.

M.G.L. c. 163, § 13 Repealed, 1984, 77, Sec. 6

Source: Massachusetts General Court (malegislature.gov)URL: https://malegislature.gov/Laws/GeneralLaws/PartI/TitleXXII/Chapter163Fetched: 10/20/2026