323 CMR, § 3.04

Current through Register 1533, October 25, 2024
Section 3.04 - Towing
(1)Authorization. If deemed necessary for the protection of public safety by any person authorized to enforce M.G.L. c. 90B, §§ 20 through 35 such person may cause a snow vehicle, recreation vehicle or unregistered motor vehicle to be moved by placing such vehicle in tow or by directing that a towing service move such vehicle:
(a) when the operator of the snow vehicle or recreation vehicle willfully neglects or refuses to obey the order of a person authorized to enforce M.G.L. c. 90B, §§ 20 through 35;
(b) when the operator of a snow vehicle or recreation vehicle is placed under arrest;
(c) whenever a recreation vehicle, snow vehicle or motor vehicle is abandoned; or
(d) whenever the use of such vehicle has been terminated for an unsafe condition under 323 CMR 3.06.
(e) whenever the law enforcement officer has determined that the snow vehicle or recreation vehicle, or operator thereof, is in noncompliance with M.G.L. c. 90B or 323 CMR 3.00.
(2)Liability. In the event a vehicle is towed pursuant to 323 CMR 3.04(1) or otherwise is lawfully towed, any person authorized to enforce M.G.L. c. 90B, §§ 20 through 35 shall not be liable for any act or omission in providing or arranging such towage or other assistance unless such person acts recklessly or with gross negligence.
(3)Disposition. If a vehicle is towed pursuant to 323 CMR 3.00 the owner of such vehicle shall be liable for the cost of such tow and such vehicle shall be held and disposed of pursuant to procedures prescribed by M.G.L. c. 135.
(4)Presumption. For purposes of 323 CMR 3.00 a snow vehicle or recreation vehicle shall be presumed to be abandoned if left on property of another without consent and unattended for 72 hours or more. The last owner of record of a recreation or snow vehicle at the time it was abandoned shall be presumed to be the person who abandoned the same or caused or procured its abandonment unless such vehicle has been reported as stolen.

323 CMR, § 3.04