SENATE . . . . . . . . . . . . . . No. 2354
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The Commonwealth of Massachusetts
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In the One Hundred and Ninetieth General Court
(2017-2018)
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SENATE, Monday, March 19, 2018
The committee on Ways and Means to whom was referred the Senate Bill relative to voluntary towing reform (Senate, No.1342),-- reports, recommending that the same ought to pass with an amendment substituting a new draft with the same title (Senate, No. 2354).
For the committee,
Karen E. Spilka
SENATE . . . . . . . . . . . . . . No. 2354
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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. Section 6B of chapter 159B of the General Laws is hereby amended by adding the following paragraph:-
For the purposes of this section, the word “department” shall mean the department of public utilities.
SECTION 2. Said chapter 159B is hereby further amended by inserting after said section 6B the following section:-
Section 6B½. (a) For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:
“Department”, the department of public utilities.
“Tow company”, an individual, association, corporation or other legal entity that controls, operates or directs the operation of 1 or more tow trucks over a public roadway in the commonwealth.
(b) A tow company that has a principal place of business in the commonwealth shall not engage in the consensual and voluntary towing of motor vehicles in the commonwealth without a certificate issued and annually renewed by the department; provided, however, that a tow company that provides towing services through or on behalf of a membership service organization shall not be subject to this section if the membership service organization annually certifies, in a manner prescribed by the department, that the membership service organization enforces standards that meet or exceed the requirements for a tow company established by the department in subsection (c).
(c) Unless providing towing services through or on behalf of a membership service organization under subsection (b), a tow company seeking to engage in the consensual and voluntary towing of motor vehicles shall apply for a certificate from the department. The application shall be in a form prescribed by the department. A certificate to provide towing services shall not be issued until the applicant: (i) provides proof of insurance, as 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.
(d) The department shall promulgate the regulations necessary for the implementation and administration of this section.
SECTION 3. The department of public utilities shall promulgate the regulations pursuant to subsection (d) of section 6B½ of chapter 159B of the General Laws not more than 12 months after the effective date of this act.
SECTION 4. A tow company engaged in the consensual and voluntary towing of motor vehicles shall comply with the requirements of section 6B½ of chapter 159B of the General Laws not more than 12 months after the promulgation of regulations by the department of public utilities.