Section 6B. The department shall establish the maximum charges that may be made by persons subject to the provisions of this chapter for the towing away of motor vehicles, when such towing is ordered by the police or other public authority. Notwithstanding any general or special law to the contrary, a city or town by vote of its council or selectmen may establish the maximum rate that may be charged for the towing away of motor vehicles within its jurisdiction, but the maximum rate charged by a city or town shall not exceed the maximum rate established by the department. The department shall issue a decision on a written request for adjustment of the maximum charges not more than 12 months after its receipt of that request.
The maximum storage charge for non-commercial passenger motor vehicles with a maximum capacity of nine persons, shall be $35 per twenty-four hour period thereof, when said vehicles have been involuntarily towed or transported pursuant to order of police or other public authority, or pursuant to accident on a public way, pursuant to section thirty-nine A of chapter two hundred and fifty-five, or when said vehicles have been stolen or misappropriated and their removal from public ways has been ordered by police or other public authority, or in any other situation where motor vehicles have been involuntarily towed or transported by order of police or other public authority and maximum storage charges are not specifically regulated by law.
The maximum rate established herein, shall apply only to lighted, outside storage facilities enclosed by a secure fence or other secure barrier at least six feet in height. Other outdoor storage facilities shall be entitled to a maximum storage rate of only one-half that established above.
The motor vehicle storage facility shall have a lien for its proper transportation and storage charges due them for the towing, transportation and storage of motor vehicles, pursuant to this section. Said lien may be enforced under the sale provisions of section thirty-nine A of chapter two hundred and fifty-five. Nothing contained in this section shall in any way affect the liability of said motor vehicle storage facilities, nor to limit the maximum recovery of a carrier for his lawful removal and transportation charges as established by the department and storage charges as established by this section to the value of any vehicle involuntarily removed, transported and stored.
Every person engaged in the towing away of motor vehicles, under this section, shall annually, on or before March the thirty-first, transmit to the department a financial statement on a form prescribed by the department, reflecting the net profits for the preceding year from such towing operation. A person who fails to make such return, within the time herein provided, shall forfeit twenty-five dollars for each day after March thirty-first that said return is not so filed.
Structure Massachusetts General Laws
Part I - Administration of the Government
Chapter 159b - Carriers of Property by Motor Vehicle
Section 3 - Certificate Authorizing Operations of Common Carriers
Section 4 - Permits Issued to Contract Carriers
Section 5 - Brokers; License; Fees for Services; Rules and Regulations; Filing of Tariffs
Section 6 - Rates and Charges; Tariffs; Rules and Regulations
Section 6b - Towing Away and Storage of Motor Vehicles; Maximum Charges; Liens; Annual Statements
Section 6d - Purchase by Carriers; Commodities for Immediate Resale
Section 7 - Contracts for Transportation; Filing; Contents; Charges
Section 8 - Certificate of Common Carrier and Permit of Contract Carrier Held by One Carrier
Section 9 - Plates; Driver's Certificate
Section 10 - Interstate Carriers; Registration; Fees
Section 10a - Replacement of Distinguishing Plate or Identification Device; Fees
Section 11 - Assignments and Transfers
Section 11a - Conditional Transfers
Section 12 - Amendment, Suspension or Revocation; Hearing
Section 12a - Director of Transportation Division; Powers
Section 14 - Investigators and Examiners; Powers
Section 14a - Examination of Cargo and of Papers Relating to Cargo
Section 14b - Violations of Investigation Provisions
Section 15 - Temporary Certificates and Permits
Section 15a - Agricultural Carrier's Permit
Section 16 - Rules and Regulations
Section 16a - Books and Records; Inspection or Production
Section 16b - Transporting Household Goods; Advertisements
Section 17 - Submission of Accounts, Records or Memoranda; Penalty
Section 19a - Transportation Bills; Credit; Exemptions