Code of Massachusetts Regulations
700 CMR - DEPARTMENT OF TRANSPORTATION
Title 700 CMR 7.00 - Use of the Massachusetts Turnpike and the Metropolitan Highway System
Section 7.12 - Repair or Removal of Vehicle
Universal Citation: 700 MA Code of Regs 700.7
Current through Register 1531, September 27, 2024
(1) In the Tunnels.
(a)
Repairs. Repairs to a disabled vehicle in the Tunnels
are prohibited unless authorized by the Chief Engineer or a Massachusetts State
Police officer to ensure the safe and efficient operation of the
Tunnels.
(b)
Removal. The Department may immediately remove, or
cause to be removed, a disabled vehicle or abandoned vehicle in the Tunnels,
and the Department may park, garage, or store the removed vehicle on property
of the Department or elsewhere, all at the risk and expense of the owner of the
removed vehicle.
(2) On a Way Other than the Tunnels. The provisions of 700 CMR 7.12(2) apply only to activities involving a disabled vehicle or abandoned vehicle that is located on a way other than the Tunnels. Activities involving a disabled or abandoned vehicle in the Tunnels are governed by 700 CMR 7.12(1).
(a)
Repairs. The
operator of a disabled vehicle may repair it, or cause it to be repaired in
accordance with 700 CMR 7.12(2)(c), provided that the wheels and projecting
parts, including any load, of the disabled vehicle completely clear the nearest
lane by a minimum of two feet; the operator does not leave the disabled vehicle
unattended; and the repairs are completed within two hours.
(b)
Removal.
1.
Authorization.
The Department may remove, or cause to be removed, an abandoned vehicle in
accordance with 700 CMR 7.12(2)(c). The Department may remove, or cause to be
removed, a disabled vehicle in accordance with 700 CMR 7.12(2)(c) if effective
repairs in accordance with 700 CMR 7.12(2)(a) cannot be accomplished or if, at
any time, a Massachusetts State Police officer or the Chief Engineer determine
that the vehicle's removal is appropriate to ensure the safe and efficient
operation of the way.
2.
Immediate Procedure. Pending removal in accordance
with 700 CMR 7.12(2)(c), the operator of a disabled vehicle shall, if
practicable, move or cause to be moved the vehicle to the extreme right side of
the pavement or to an interchange. A Massachusetts State Police officer may
similarly move a disabled vehicle or an abandoned vehicle.
(c)
Providers of Repair or
Removal Services.
1.
Removal Procedure and Terms. A provider of emergency
road services, as authorized in 700 CMR 7.12(2)(c), removes a disabled vehicle
or an abandoned vehicle by towing, pushing, or transporting the vehicle at the
risk and expense of its owner to a convenient place of storage as determined by
a Massachusetts State Police officer or the Chief Engineer. The Department does
not permit such a vehicle to be removed from the place of storage until full
payment has been made for storage, towing, and any other charges reasonably
related to the vehicle's removal.
2.
Providers Certified with
Respect to Tandem Units. The operator or owner of a tandem unit
that is a disabled vehicle may use an emergency road-service provider certified
in accordance with
700 CMR 7.08(25)
to repair or remove the disabled vehicle;
provided, however, that the Department or a Massachusetts State Police officer
may require the tandem unit owner or operator to use a qualified towing
contractor as described in 700 CMR 7.12(2)(c)3. to remove or repair the
disabled vehicle if, in the judgment of the Department or the Massachusetts
State Police, safety, the efficient operation of the way or the public
convenience requires its doing so.
3.
Qualified Towing
Contractor. If the provisions of 700 CMR 7.12(2)(c)2. do not
apply, a disabled vehicle or abandoned vehicle may be repaired or removed by a
qualified towing contractor called to the scene by the Massachusetts State
Police or the Department.
4.
Other Qualified Emergency Road-service Provider. At
the request of the operator or owner of a disabled vehicle or abandoned
vehicle, the vehicle may be repaired or removed by a qualified emergency
road-service provider other than a qualified towing contractor as described in
700 CMR 7.12(2)(c)3.; provided, however, that the Department or a Massachusetts
State Police officer may require the vehicle operator or owner to use a
qualified towing contractor as described in 700 CMR 7.12(2)(c)3. to remove or
repair the vehicle if, in the judgment of the Department or the Massachusetts
State Police, safety, the efficient operation of the way or the public
convenience requires its doing so.
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