Massachusetts General Laws
Chapter 159 - Common Carriers
Section 12 - Services Supervised and Regulated by Department

Section 12. The department shall, so far as may be necessary for the purpose of carrying out the provisions of law relative thereto, have general supervision and regulation of, and jurisdiction and control over, the following services, when furnished or rendered for public use within the commonwealth, except when such services are provided by a municipal lighting plant or cooperative public corporation which provides telecommunications services pursuant to section 47E of chapter 164, and in the exercise thereof, the department shall take cognizance of all applicable transportation plans and programs adopted by the public works commission pursuant to section five A of chapter sixteen, and all persons, firms, corporations, associations and joint stock associations or companies furnishing or rendering any such service or services, in sections ten to forty-four, inclusive, collectively called common carriers and severally called a common carrier:
(a) The transportation or carriage of persons or property, or both, between points within the commonwealth by railroads, street railways, in this chapter called railways, electric railroads, trackless trolleys and ships or vessels in excess of one hundred gross tons using steam or Diesel engine as means of propulsion, including express service and car service carried on, upon or rendered in connection with such railroads, railways, electric railroads, trackless trolleys or ships or vessels in excess of one hundred gross tons using steam or Diesel engine as means of propulsion.
(b) The carriage of passengers for hire upon motor vehicles as provided in chapter one hundred and fifty-nine A, in section seventy A of chapter one hundred and sixty and in section forty-four of chapter one hundred and sixty-one, but only to the extent therein provided.
(c) The operation of all conveniences, appliances, facilities or equipment utilized in connection with, or appertaining to, such transportation or carriage of persons or property or such express service or car service, by whomsoever owned or provided, whether the service be common carriage or merely in facilitation of common carriage.
(d) The transmission of intelligence within the commonwealth by electricity, by means of telephone lines or telegraph lines or any other method or system of communication, including the operation of all conveniences, appliances, instrumentalities, or equipment appertaining thereto, or utilized in connection therewith. The provision of such services by a telecommunications system established and operated pursuant to section 47E of chapter 164 shall be subject to this chapter with respect to customer billing notification and termination, filing of tariffs, interconnection agreements, number pooling and filing of annual reports, to the same extent as privately owned and operated telecommunications systems.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XXII - Corporations

Chapter 159 - Common Carriers

Section 1 - Duties; Jurisdiction to Enforce

Section 2 - Penalty

Section 3 - Limitations Upon Liability Imposed by Carrier

Section 4 - Security Required of Employee to Indemnify Against Neglect; Penalty

Section 5 - Foreign Express Businesses; Appointment of General Agent

Section 6 - Foreign Express Businesses; General Agent's Bond

Section 7 - Foreign Express Businesses; Failure of Agent to Comply With Secs. 5 and 6; Penalty

Section 8 - Protection of Carriers; Misuse of Orders; Penalty

Section 9 - Express Business Upon Steamboat Lines; Application of Provisions Relating to Railroads

Section 10 - Enforcement of Chapter by Department of Telecommunications and Cable and Department of Public Utilities

Section 11 - Record of Action by Department

Section 12 - Services Supervised and Regulated by Department

Section 12e - Third Party Verification Service Providers; Registration

Section 13 - Inquiry Into Rates, Etc.

Section 14 - Unjust Rates, Fares or Charges; Orders to Fix; Orders for Reparation

Section 15 - Free Service, Tickets, Passes or Transportation Prohibited; Exceptions

Section 16 - Regulations, Practices, Equipment, Appliances or Service of Carrier; Department Control, Hearing and Order; Proof of Compliance

Section 16a - Factors in Ordering Discontinuance or Abandonment of Railway Service

Section 17 - Charges for Service; Regulation

Section 18 - Classes of Rates Established by Carrier; Special Rates

Section 19 - Filing of Rate Schedules

Section 19a - Directory Assistance Rate Schedules

Section 19b - Automatic Telephone Dialing Systems; Definition

Section 19c - Notification of Wish Not to Receive Calls From Automatic Telephone Dialing System

Section 19d - Design and Operation of Automatic Telephone Dialing Systems

Section 19e - Solicitations by Telephone; Required Disclosures; Misrepresentation

Section 19f - Posting Rates, Terms and Conditions of Retail Services on Website; Department Notification of Changes

Section 20 - Notice and Hearing Upon Proposed Rate Schedule Changes; Order

Section 21 - Establishment of Through Routes for Passengers and Freight

Section 22 - Railway Signals Required by Department

Section 23 - Notice to Railway of Recommended Improvements and Changes

Section 24 - Hearing Upon Complaint Concerning Service or Rates of Carrier Transmitting Intelligence by Electricity

Section 25 - Hearings; Notice to Interested Members of General Court

Section 26 - Valuation and Revaluation of Carrier's Property

Section 27 - Inspections

Section 28 - Notice of Accidents

Section 29 - Investigation of Accidents

Section 30 - Defects; Information by Employee; Protection of Source

Section 31 - Forms of Accounts, Records and Memoranda

Section 32 - Annual Return; Form; Time of Filing; Amendment

Section 33 - Express Business; Annual Return

Section 34 - Examination of Books, etc.; Subpoena Duces Tecum

Section 34a - Supervision of Companies Affiliated With Carrier

Section 35 - Examination of Condition of Company on Request of Interested Party

Section 36 - Annual Audit

Section 37 - Service of Orders of Department; Notification of Receipt and Acceptance

Section 38 - Effect of Request or Advice of Department

Section 39 - Violations; Action by Attorney General

Section 40 - Violations or Threatened Violations; Mandamus or Injunction

Section 41 - Representation at Hearings Concerning Proposed Legislation Affecting Department

Section 43 - Annual Report of Department

Section 44 - Examinations or Audits by Department; Divulging Information; Penalty

Section 50 - Offer of New Capital Stock to Stockholders; Notice; Price; Time of Acceptance

Section 51 - Auction of New Capital Stock

Section 52 - Basis of Determination by Department as to Amount of New Capital Stock

Section 53 - Computation of Amount of Capital Stock as Basis for Bond Issue

Section 54 - Approval by Department; Public Hearing

Section 57 - Consent of Department

Section 58 - Supervision of Crossing Following Consent of Department

Section 59 - Proceedings to Alter Crossing

Section 60 - Eminent Domain

Section 61 - Party to Carry Award Into Effect and to Pay Charges

Section 62 - Appointment of Commission; Hearing; Notice

Section 63 - Revision of Award; Jury

Section 64 - Recovery After Alteration of Proportion of Expense

Section 65 - Proceedings to Abolish Grade Crossings

Section 70 - Manner and Limits of Grade Crossing Abolitions; Costs; Apportionment

Section 72 - Crossing Abolished Upon State Highway; Clear View

Section 73 - Financing Cost of Abolishing Crossing by Street Railway Company

Section 74 - Change of Location

Section 75 - Damages

Section 76 - Settlement of Claims; Failure to File Petition

Section 77 - Expenses of Maintenance and Repair

Section 78 - Audit of Expenses; Investigations; Orders of Payment of Apportioned Share

Section 79 - Enforcement; Review

Section 80 - Proceedings Upon Agreement as to Alterations

Section 82 - Application

Section 83 - Examination by Railways; Report; Submission of Plans for Bridge

Section 84 - Maintenance and Repair; Hearing; Order

Section 85 - Enforcement

Section 86 - Formation of Relief Corporation

Section 87 - By-Laws; Statements of Membership and Financial Condition

Section 88 - Association of Railroad Corporation With Relief Corporations

Section 92 - Badges

Section 93 - Powers

Section 94 - Arrest of Offenders

Section 95 - Compensation of Police; Liability for Misconduct of Police

Section 96 - Action for Debt Due for Constructing a Railroad

Section 97 - Exception; Contractor

Section 98 - Notice of Intention by Materialman; Filing; Fee

Section 99 - Statement of Amount Due for Labor Performed; Filing; Fee

Section 100 - Limitation of Actions

Section 101 - Evasion of Payment of Toll or Fare

Section 102 - Designation of Torpedoes or Other Explosives

Section 103 - Injury to Signals, Tracks, Cars, Etc.

Section 104 - Throwing or Shooting Missiles

Section 105 - Application