Mass. Gen. Laws ch. 161, sec. 85 — MA Code / Part I / Title XXII / Chapter 161 / Section 85
Clearance of snow from tracks; regulations of department of highways
Status: in_force

Section 85. The department of highways, in respect to state highways, and the superintendent of streets of cities or officers exercising like authority therein and the selectmen in towns in respect to all other public ways, shall establish regulations for the clearance of snow from its tracks by any street railway company operating therein, and for the removal of such snow by said company from the public ways in which such tracks are located; provided, that no such company shall be compelled to remove from the public ways in which its tracks are located an amount of snow greater than it has cleared from between its rails and between its tracks and from a space eighteen inches wide on either side of its tracks. Annually on or before September first the said department of highways and the local authorities above named shall transmit to the president or other officer of each company operating its cars in the public ways subject to regulations established by said department of highways or local authorities, and to the department of telecommunications and energy, a copy of such regulations. Within fourteen days after the receipt by any company of such regulations, such company may, by its president or a majority of its board of directors, petition the department of telecommunications and energy for such amendments thereof as said president or said board of directors deem reasonable. The department of telecommunications and energy shall, after notice and hearing, within sixty days of the receipt of said petition, file with the said department of highways or the said local authorities and with the president of such company its findings upon said petition, including such amendments of said regulations, if any, as the department of telecommunications and energy deems reasonable, and thereafter such regulations as amended shall be and remain in force until September first following and until other regulations are established as herein provided.

Section 85. The department of highways, in respect to state highways, and the superintendent of streets of cities or officers exercising like authority therein and the selectmen in towns in respect to all other public ways, shall establish regulations for the clearance of snow from its tracks by any street railway company operating therein, and for the removal of such snow by said company from the public ways in which such tracks are located; provided, that no such company shall be compelled to remove from the public ways in which its tracks are located an amount of snow greater than it has cleared from between its rails and between its tracks and from a space eighteen inches wide on either side of its tracks.

Annually on or before September first the said department of highways and the local authorities above named shall transmit to the president or other officer of each company operating its cars in the public ways subject to regulations established by said department of highways or local authorities, and to the department of telecommunications and energy, a copy of such regulations. Within fourteen days after the receipt by any company of such regulations, such company may, by its president or a majority of its board of directors, petition the department of telecommunications and energy for such amendments thereof as said president or said board of directors deem reasonable. The department of telecommunications and energy shall, after notice and hearing, within sixty days of the receipt of said petition, file with the said department of highways or the said local authorities and with the president of such company its findings upon said petition, including such amendments of said regulations, if any, as the department of telecommunications and energy deems reasonable, and thereafter such regulations as amended shall be and remain in force until September first following and until other regulations are established as herein provided.