Code of Massachusetts Regulations
323 CMR - DIVISION OF LAW ENFORCEMENT
Title 323 CMR 2.00 - The Use Of Vessels
Section 2.10 - Towing

Universal Citation: 323 MA Code of Regs 323.2

Current through Register 1531, September 27, 2024

(1) Authorization. If deemed necessary for the protection of public safety by any person authorized to enforce M.G.L. c. 90 B such person may cause any vessel under the following conditions to be placed in tow, or may contact another vessel to place such vessel in tow:

(a) when the operator of a vessel laying to or underway on the waters of the Commonwealth willfully neglects or refuses to obey the order of a person authorized to enforce M.G.L. c. 90B, §§1 through 19;

(b) when the operator of a vessel laying to or underway is placed under arrest on the waters of the Commonwealth;

(c) whenever a vessel is afloat and unrestrained on the waters of the Commonwealth and is unattended;

(d) whenever the operator of a vessel is operating while under the influence of intoxicating liquor, narcotic drug, barbituate or marijuana;

(e) whenever use of such vessel has been terminated as unsafe; or

(f) whenever a vessel is abandoned on the shores of the waters of the Commonwealth or on

(2) Liability. In the event a vessel is towed under the provisions of 323 CMR 2.10, or is otherwise lawfully towed, any person authorized to enforce M.G.L. c. 90B, §§ 1 through 19 shall not be liable and shall remain harmless 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 vessel is towed pursuant to 323 CMR 2.10 the owner of such vessel shall be liable for the cost of such tow and such vessel shall be held and disposed of pursuant to procedures parallel to those prescribed by M.G.L. c. 135.

(4) Presumption. For purposes of 323 CMR 2.00 a vessel shall be presumed to be abandoned if left on the shores of the waters of the Commonwealth not moored, anchored or made fast to the shore and unattended and/or on property of another without the consent of such property owner for a period of greater than 72 hours. The last owner of record of a vessel 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 vessel has been reported as stolen.

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