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  • PART I ADMINISTRATION OF THE GOVERNMENT
  • TITLE XXII CORPORATIONS
  • CHAPTER 159B CARRIERS OF PROPERTY BY MOTOR VEHICLE
  • Section 2 Definitions

Section 2. The following words and phrases as used in this chapter shall have the following meanings, unless the context clearly requires otherwise:

“Agricultural carrier by motor vehicle”, any person whose principal business is agriculture, who owns or occupies lands used for the production of agricultural products, and who transports by motor vehicle for compensation over irregular routes between points within the commonwealth agricultural products from any lands so used, and materials and supplies to any such lands for use for agricultural purposes.

“Broker”, any person not included in the term “motor carrier” and not a bona fide employee or agent of any such carrier who, as principal or agent, sells or offers for sale any transportation subject to this chapter, or negotiates for or holds himself out by solicitation, advertisement or otherwise as one who sells, provides, furnishes, contracts or arranges for such transportation. The term “broker” shall also include carloading and forwarding companies in so far as their operations are not conducted by means of their own vehicles.

“Certificate”, a certificate of public convenience and necessity issued under this chapter or corresponding provisions of earlier laws to a common carrier by motor vehicle.

“Commissioners”, the commissioners of the department of telecommunications and energy.

“Common carrier by motor vehicle”, any person who directly, or by his agent or under a lease or any other arrangement, or by arrangement with any other common carrier or with any contract carrier, transports property, or any class or classes of property, for the general public by motor vehicle, for compensation, upon ways, over regular or irregular routes, including carriers by rail or water and express or forwarding companies, when engaged in such motor vehicle operations, except to the extent that such operations by them are subject to chapter one hundred and fifty-nine.

“Contract carrier by motor vehicle”, any person, not included in the term “common carrier by motor vehicle” or in the term “agricultural carrier by motor vehicle”, who, under special and individual contracts or agreements, directly or by his agent or under a lease or any other arrangements, transports property by motor vehicle for compensation upon ways.

“Department”, the department of telecommunications and energy.

“Driver”, any person operating a motor vehicle used for the transportation of property, which he owns or is operating with the express or implied consent of its owner.

“Hearings” provided for by this chapter shall be public, upon written notice to the material parties thereto, with the right to such parties to appear in person and to be represented by counsel, and with each witness testifying on oath.

“Interstate license or registration” a license or registration granted by the department to an interstate carrier by motor vehicle operating for compensation over ways.

“Irregular route common carrier”, any person who transports by motor vehicle property, or any class or classes of property, for the general public, for compensation, over irregular routes, and whose operations are conducted to or from a given point within the commonwealth and are not based upon a predetermined schedule.

“License”, or “broker’s license”, a license issued under this chapter to a broker.

“Motor carrier” shall include a common carrier by motor vehicle, a contract carrier by motor vehicle, an agricultural carrier by motor vehicle, a private carrier by motor vehicle, and an interstate carrier by motor vehicle.

“Commercial motor vehicle”, any vehicle, machine, tractor, trailer or semi-trailer propelled or drawn by mechanical power and used upon ways in the transportation of property; but not including any vehicle, locomotive or car operated exclusively on a rail or rails. Wherever the term “motor vehicle” appears in this chapter, it will be deemed to mean a commercial motor vehicle.

“Permit” shall mean, (1) except in section fifteen A, a permit issued under this chapter or corresponding provisions of earlier laws to a contract carrier by motor vehicle; and (2), in section fifteen A, a permit issued to an agricultural carrier by motor vehicle.

“Private carrier”, any person not included in the terms common carrier by motor vehicle, contract carrier by motor vehicle or agricultural carrier by motor vehicle, who transports in intrastate commerce or interstate commerce, in so far as it comes within the jurisdiction of the provisions of the laws of this commonwealth, property of which such person is the owner, lessee or bailee when such property is for the purpose of sale, lease or rent or in the furtherance of any commercial enterprise. “Private carrier” shall not include a person who tows vehicles belonging to another person and who receives compensation for such towing, nor include a person who assesses a charge for towing a motor vehicle without actually performing said towing service.

“Person”, any individual, firm, co-partnership, corporation, company, association or joint-stock association, including any trustee, administrator, executor, receiver, assignee or other personal representative thereof.

“Property”, any physical matter whatsoever, regardless of value, over which the right of ownership or control may be exercised, including currency, documents and papers of all kinds, except telegraphic messages transmitted by a telegraph company subject to the regulations of the department of telecommunications and energy and the Federal Communications Commission and except dead human bodies and property or equipment transported in connection with funerals.

“Regular route common carrier”, any person who transports by motor vehicle property, or any class or classes of property, for the general public, for compensation, over regular routes between designated points within the commonwealth.

“Regular routes”, routes over which any person is usually or ordinarily operating any motor vehicle subject to this chapter.

“Services” and “transportation”, shall include the services of, and transportation by, all vehicles operated by, for or in the interest of any motor carrier, irrespective of ownership or of contract, express or implied, together with the use of all facilities and property operated or controlled by such carrier or carriers in the transportation of property or in the performance of any service in connection therewith.

“Way”, any public way, private way laid out under authority of statute, way dedicated to public use, or way under the control of the metropolitan district commission or local park commissioners or any other body or person having like powers, in each case within the commonwealth.