SENATE DOCKET, NO. 92        FILED ON: 1/11/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1342

The Commonwealth of Massachusetts

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PRESENTED BY:

Michael O. Moore

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to voluntary towing reform.

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PETITION OF:

SENATE DOCKET, NO. 92        FILED ON: 1/11/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1342

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2469 OF 2015-2016.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act relative to voluntary towing reform.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1. Chapter 159B of the General Laws is hereby amended by inserting after section 6B the following section:-

Section 6B½. (a) For the purposes of this section, the term “department” shall mean the department of public utilities. A person with a principal place of business in the commonwealth shall not engage in the consensual and voluntary towing of motor vehicles within the commonwealth without a certificate issued and annually renewed by the department; provided, however, that a membership service organization with more than 1,000,000 members that provide towing services through company-owned vehicles or contracts with tow companies shall not be subject to this section.

(b) A person seeking to engage in the consensual and voluntary towing of motor vehicles shall apply for a certificate from the department. Such application shall be in a form prescribed by the department. A certificate to provide towing services shall not be issued until a tow company or sole operator meets the following requirements: (i) provides proof of insurance prescribed by the department, to the department; (ii) submits a certificate fee, as determined by the secretary of administration and finance under section 3B of chapter 7; and (iii) meets the public safety requirements prescribed by the department.

(c) The commissioner of public utilities shall promulgate regulations necessary for the implementation and administration of this section.

SECTION 2. The department of public utilities shall promulgate the regulations pursuant to subsection (c) of section 6B½ of chapter 159B of the General Laws within 12 months of the effective date of this act.

SECTION 3. A person engaged in the consensual and voluntary towing of motor vehicles shall comply with the requirements section 6B½ of chapter 159B of the General Laws within 12 months of the promulgation of regulations by the department of public utilities.