reglab/statecodes huggingface dataset:
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 32e - Leasing Motor Vehicles on Mileage Basis; Operation of Vehicles or Use of Trailers; Insurance Coverage

Section 32E. Each lessee shall enter, or cause to be entered, on the record required by section thirty-two D, his correct name and address, in full, and shall not permit or suffer any other person to operate such motor vehicle or use such trailer while it is so leased; provided, that a lessee who makes known at the time of leasing that he is unable, or does not intend, to operate such vehicle or use such trailer personally and intends to have such vehicle operated or used for him by another and who at such time also furnishes as to such operator the information required by section thirty-two D, may, with the consent of the lessor, permit such operator to operate such vehicle or use such trailer during the time of the lease. Operation of such vehicle by any person permitted or suffered by the lessee to operate the same in violation of this section shall nevertheless be deemed to be with the express or implied consent of the lessor for the purposes of sections thirty-four A to thirty-four J, inclusive.
Every lessor shall provide and maintain, during such time as he engages in the business of leasing motor vehicles under any system referred to in section thirty-two C a motor vehicle liability policy or bond or deposit, which, in addition to providing indemnity, protection or security for personal injuries, shall, except in the case of vehicles leased for a term of more than thirty days, further provide indemnity, protection or security for damage to property as required by the provisions of this chapter.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 32e0.875 - Police Training Surcharge Upon Vehicular Rental Transaction Contracts

Section 32E7/8. (a) There shall be a police training surcharge of $2 imposed upon each vehicular rental transaction contract in the commonwealth. The surcharge shall be in accordance with section 32E3/4 and shall be collected by the department of revenue and deposited in the Municipal Police Training Fund established in section 35EEE of chapter 10; provided, however, that not more than $10,000,000 collected from the surcharge in a calendar year shall be deposited into the fund; and provided further, that any amount collected from the surcharge above $10,000,000 in a calendar year shall be deposited into the General Fund. The surcharge shall not apply to transportation network companies or to rental periods of less than 12 hours that are charged on an hourly basis.
[There is no subsection (b).]
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 32e3/4 - Rental Agreements; Separately Stated Surcharges, Fees or Charges; Vehicle License Cost Recovery Fee

Section 32E3/4. A rental company may include separately stated surcharges, fees or charges in a rental agreement, which may include, but shall not be limited to, vehicle license cost recovery fees, airport access fees, airport concession fees, convention center and police training surcharges and all applicable taxes; provided, however, that: (i) these surcharges, fees or charges shall not be included in the base cost of the vehicle rental; (ii) these surcharges, fees or charges shall be disclosed in a manner that is readily noticable in the rental agreement; and (iii) the rental company shall include a statement in any price advertisement it makes in the commonwealth about the existence of these surcharges, fees or charges that a consumer must pay and which may be separately stated on a rental transaction.
If a rental company includes a vehicle license cost recovery fee as a separately stated charge in a rental transaction, the amount of the fee shall represent the rental company's good faith estimate of the daily charge necessary for the rental company to recover its actual total annual costs to license, title, register, plate, inspect or pay excise tax costs on its rental fleet in the commonwealth. If the total amount of the vehicle license cost recovery fees collected by a rental company pursuant to this section in a calendar year exceeds the rental company's actual costs to license, title, register, plate, inspect or pay excise tax costs on its rental fleet in the commonwealth for that calendar year, the rental company shall: (i) retain the excess amount; and (ii) adjust the estimated average per vehicle charge to recover the costs to license, title, register, plate, inspect or pay excise tax for the following calendar year by a corresponding amount.
This section shall not prohibit a rental company from adjusting the vehicle license cost recovery fee during a calendar year as it determines to be necessary.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 32f - Leasing Motor Vehicles on Mileage Basis; Fraud; Violations; Penalties

Section 32F. Whoever obtains custody of any motor vehicle or trailer operated under any system referred to in section thirty-two C from any lessor by any trick or by any fraudulent or false representation, or by the giving of any bad or worthless check or any false token or writing, or by the false impersonation of another, or leases such a vehicle with intent to defraud the lessor, or whoever violates any provision of sections thirty-two C to thirty-two E, inclusive, shall be punished by a fine of not less than twenty-five nor more than two hundred and fifty dollars, or by imprisonment for not less than thirty days nor more than six months, or both.
Refusal to pay the proper charge for the use of any such vehicle or the giving of a bad or worthless check in payment of such a charge shall be prima facie evidence of such intent to defraud.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 32h - Lessors of Motorcycles; Licensing

Section 32H. No person shall engage in the business of leasing motorcycles without being licensed by the registrar for such purpose. No such license shall be issued unless the registrar is satisfied from an investigation of the facts that the applicant is a proper person to engage in such business and that he has a place of business suitable for such purpose. A separate license shall be secured for each place of business where a person conducts a business of leasing motorcycles. Application for a license under this section may be filed with the registrar and contain such information as he shall prescribe. Each such application shall be accompanied by an application fee which shall in no event be refunded. If an application is approved by the registrar, the applicant upon payment of an additional fee shall be granted a license, which shall be valid for a period of one year from the date of its issuance and shall be renewed annually. Such fees shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. The registrar shall issue a license certificate to each licensee, which certificate shall be conspicuously displayed in the place of business of the licensee.
Any original license may be suspended or revoked by the registrar for cause and any renewed license may be so suspended or revoked for cause occurring during the two years next preceding the date of such renewed license, after a hearing, due notice of which shall be mailed to the licensee at his last known address at least ten days prior to the date of said hearing.
The registrar may prescribe such rules and regulations as he may deem necessary to carry out the provisions of this section, and may provide that any violation thereof shall be punishable by a fine not to exceed twenty-five dollars.
Every licensee shall keep such records as the registrar may by regulation require, and he shall keep the records required by and be subject to the provisions of sections thirty-two C, thirty-two D and thirty-two E, and lessees of motorcycles shall be subject to the provisions of sections thirty-two C, thirty-two E and thirty-two F.
The colonel of the state police, the police commissioner in Boston, the chief of police of any other city, the selectmen of a town or any police officer authorized by any of said officials, or any person having police powers under section twenty-nine may at any time enter upon any premises used as the place of business of a licensee under this section, to ascertain how he conducts the same, and examine all records and vehicles used in connection with the licensed business.
Whoever engages in the business of leasing motorcycles without being licensed, shall be punished by a fine of not less than twenty-five dollars nor more than two hundred fifty dollars, or by imprisonment for not less than thirty days nor more than six months, or both.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 32j - Vehicles in Fleet of Car-Sharing Organization; Display of Registration Plates

Section 32J. (a) As used in this section, ''car-sharing organization'' shall mean a membership-based entity with a distributed fleet of private passenger motor vehicles that are made available to its members primarily for hourly or other short-term use through a self-service fully automated reservation system that periodically charges a use-based fee relating to a specific vehicle; provided, however, that ''car-sharing organization'' shall not include an arrangement where a separate written agreement is entered into each time a vehicle is transferred to a customer.
(b) Vehicles in a fleet of a car-sharing organization may display private passenger motor vehicle registration number plates issued by the registrar; provided, however, that a registered vehicle of any such organization which identifies the name of the organization by business markings thereon shall not be required to display a commercial registration plate if the markings are limited to the name, address, telephone number, logo or website address of the organization.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 33a - Motor Vehicles; Certificates of Registration; Signatures

Section 33A. In case the registrar, deputy registrar or the duly authorized agent of either whose signature or a facsimile of whose signature appears on a certificate of registration, a license to operate motor vehicles, any other certificate, or license, or any notice, issued under the provisions of any statute, or rule and regulation relating to motor vehicles, shall cease to be such registrar, deputy registrar or agent prior to the effective date thereof, such signature or facsimile shall nevertheless be valid and sufficient for all purposes to the same extent as if he had remained in office until and including such effective date.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 33b - Traffic Control Signs, Safety Devices and Improvements; Installation and Construction Costs; High-Accident Locations; Funding Limits

Section 33B. The state treasurer is hereby authorized to pay the cost of installing suitable traffic control signs, or safety devices, and constructing necessary safety improvements at high-accident locations in cities and towns, in accordance with the following procedure:
The department shall define high-accident locations and shall establish standards, rules and regulations, and shall determine final allocation of funds to the cities and towns. The amount to be paid by the treasurer shall be based upon certification to the treasurer by the department of the amount due. Payments in the amounts so certified shall be made by the state treasurer out of the Highway Fund, and shall be in addition to any other funds allocated to the several cities and towns for the improvement, maintenance, repair or construction of highways. Federal funds may be substituted for the commonwealth's share whenever such funds are available.
The amounts certified by the department to the treasurer pursuant to this section shall not exceed, in the aggregate, five million dollars in any one year.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34 - Disposition of Fees

Section 34. The fees received under the preceding sections, together with all other fees received by the registrar or any other person under the laws of the commonwealth relating to the use and operation of motor vehicles and trailers, shall be disposed of as follows: (i) $2 from every motorcycle registration issued pursuant to section 2 shall be deposited into the General Fund and used solely for the purpose of promoting and advancing motorcycle safety; (ii) all fees from the issuance of veterans plates pursuant to section 2, in excess of the fees set for the registration of the motor vehicle, shall be deposited into the General Fund; and (iii) any amount remaining after compliance with clauses (i) and (ii) shall be deposited into the Commonwealth Transportation Fund established in section 2ZZZ of chapter 29.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34c - Single Motor Vehicle Liability Policy or Bond Covering Several Motor Vehicles

Section 34C. Any person applying for the registration of more than one motor vehicle under section two or three, or any manufacturer or dealer or repairman applying for registration of motor vehicles under section five, may, in lieu of procuring a separate policy or bond covering each motor vehicle, furnish a single motor vehicle liability policy or bond covering all motor vehicles owned or controlled by him, in which the amounts or limits of indemnity as provided in section thirty-four A for a motor vehicle liability policy or bond shall apply to each motor vehicle covered thereunder.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34e - Receipt for and Retention of Cash or Securities Deposited

Section 34E. The state treasurer shall give to the applicant for registration a receipt on a form prescribed by said treasurer of the amount of cash or securities deposited by him with said treasurer under section thirty-four D or thirty-four F. The state treasurer shall retain such cash or securities deposited as aforesaid and shall not deliver the same or the balance thereof to the registrant or his order until the expiration of the time within which actions, the payment of judgments in which are secured by such deposit, may be brought against the registrant or the person responsible for the operation of the registrant's motor vehicle with his express or implied consent, nor in any case if a written notice is filed with the state treasurer stating that such an action has been brought against the registrant or other person responsible as aforesaid, until payment is made as provided in section thirty-four D or satisfactory evidence is presented to said treasurer that such action is finally disposed of.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34f - Notice to Registrar Upon Service of Writ or Summons in Action Against Depositor

Section 34F. The registrant of a motor vehicle who deposits cash or securities as provided in this section or in section thirty-four D or the person responsible for the operation of the registrant's motor vehicle with his express or implied consent shall immediately upon the service of any writ or summons in any action the payment of the judgment in which is secured by such deposit, give written notice to the registrar and the state treasurer of the bringing of such action in such form as the registrar may prescribe, and thereupon the registrar may require the giving of a motor vehicle liability bond or policy or may require the deposit of further cash or securities as additional security for the payment of judgments in any other such actions. Whoever fails to give the notice required by this section shall be punished by a fine of not less than one hundred nor more than one thousand dollars or by imprisonment for not more than one year or both.
The state treasurer shall forthwith give written notice to the registrar of the failure of a registrant to maintain a deposit as required by this section and section thirty-four D.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34g - Actions Against Surety Company

Section 34G. If a judgment rendered against the principal on a motor vehicle liability bond or against any person responsible for the operation of the principal's motor vehicle with his express or implied consent is not satisfied within thirty days after its rendition, the judgment creditor may for his use and benefit and at his sole expense bring an action in the name of the commonwealth against the surety company executing the bond.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34i - Records and Books of Registrar

Section 34I. The registrar shall keep such records and books and publish and distribute such forms and information as will facilitate the operation of the provisions of the eight preceding sections, and shall, upon the request of any person, furnish the name of the insurance or surety company issuing the policy or executing as surety the bond covering any particular motor vehicle or of any particular person appearing on his records as registrant of the same.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34k - Cancellation of Policies; Notice

Section 34K. No power of attorney in connection with the cancellation of a motor vehicle liability policy as defined in section thirty-four A shall be exercised until ten days' notice has been given to the policyholder by registered or certified mail, return receipt requested, by the person or corporation exercising the power of attorney. Notice to the insurance company of the cancellation of such a policy by a person or corporation exercising the power of attorney shall be accompanied by a statement of compliance with this section, and the insurance company may rely upon such statement.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34n - Assigned Claims Plan

Section 34N. Insurers authorized to provide personal injury protection in this commonwealth are hereby directed to organize and maintain an assigned claims plan to provide that any person resident in the commonwealth, other than the owner or registrant of a motor vehicle not insured by a policy or bond providing personal injury protection or a member of such owner or registrant's household, who suffers loss or expense as a result of an injury arising out of the ownership, operation, maintenance or use of a motor vehicle while the motor vehicle is upon the ways of the commonwealth or in any place therein to which the public has a right of access, may obtain personal injury protection benefits through said plan in any case where no personal injury protection benefits are otherwise available to such a person provided that the following shall not be entitled to such benefits:
(1) a person entitled to payments or benefits under the provisions of chapter one hundred and fifty-two, or
(2) a person who is subject to exclusion from personal injury protection benefits by insurers under section thirty-four A of this chapter.
Said plan shall contain such rules and regulations for operation and for the assessment of costs as shall be approved by the commissioner of insurance. Any claim brought through said plan shall be assigned to an insurer in accordance with the approved regulations of operation and that insurer, after such assignment, shall have the same rights and obligations it would have if prior to such assignment it had issued a policy providing personal injury protection applicable to the loss or expenses incurred. Any party accepting such benefits hereunder shall have such rights and obligations as he would have were a policy providing personal injury protection benefits issued to him.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34p - Notice to Law Enforcement Officials; Failure to Provide or Maintain Liability Policy, Bond or Deposit; Seizure of Registration Plates

Section 34P. The registrar after receipt of a notice as referred to in section thirty-four H, that a motor vehicle which is subject to the provisions of section one A and for which a motor vehicle liability policy or bond or deposit required by the provisions of this chapter has not been provided and maintained in accordance therewith, and upon the effective date of revocation pursuant to said section thirty-four H, shall notify state law enforcement agencies and the municipal police department of the city or town of principal garaging of said motor vehicle of such failure to provide and maintain said policy or bond or deposit. Further, such notice shall include the name and address of the owner of the motor vehicle and the address of the principal place of garaging.
State law enforcement personnel or the police of the city or town in which such motor vehicle is so garaged shall, upon receipt of said notice from the registrar seize the registration plates in use on said motor vehicle or when said registration plates are affixed to any vehicle or are in the possession or custody of any individual whether on a public way or private property and return them forthwith, unless the owner shall present a notice of reinstatement from the insurer or evidence of a new motor vehicle insurance policy dated at least two days prior to the effective date of revocation pursuant to section thirty-four H; provided, however, that municipal law enforcement agencies shall have the primary authority and responsibility to seize revoked registration plates within the limits of their jurisdiction; and, provided further, that no provision of this section shall prevent a state law enforcement official from seizing a revoked registration plate when in the performance of his duties.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34q - Nonowner Operators, Hired Motor Vehicles; Insurance Coverage by Endorsements

Section 34Q. Notwithstanding any general or special law, regulation or rule to the contrary, there is hereby authorized the insurance of liabilities incurred in the operation of motor vehicles by nonowner operators or in the operation of hired motor vehicles by endorsements in a general liability policy of insurance or by endorsements in a multi-peril policy of insurance, such endorsements to be distinct from, or in addition to, such endorsements presently authorized in statutory motor vehicle policies of insurance.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 34r - Estimate of Cost of Exterior Repairs; Notice

Section 34R. (a) Whenever repairs are necessary to the visible exterior sheet metal or plastic parts of a damaged motor vehicle, any insurer or repairer preparing a written estimate of the cost of such repairs shall clearly identify in such estimate each major replacement crash part to be used which is not manufactured or supplied by the original manufacturer of the motor vehicle. For the purposes of this section, ''crash parts'' shall mean motor vehicle parts of sheet metal or plastic that constitute the visible exterior of the vehicle, including inner and outer panels, which are to be repaired or replaced as the result of a collision.
(b) Attached to any such estimate which identifies non-original manufacturer parts shall be the following notice, printed in no less than ten-point type:
NOTICE
The repair estimate is based in part on the use of replacement parts which are not made by the original manufacturer of the damaged parts in your vehicle. Warranties, if any, applicable to these replacement parts are provided by their manufacturer or supplier rather than the manufacturer of your vehicle.
(c) The insurer or repairer, as the case may be, shall give a copy of such estimate and such notice to the person for whom the estimate is prepared.
(d) The repairer shall, on the customer's repair order or repair certification form, identify by name the manufacturer or supplier of any non-original manufacturer crash parts used in making the actual repairs.
(e) Failure to comply with the provisions of this section shall constitute an unfair or deceptive act or practice pursuant to the provisions of chapter ninety-three A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 35a - Structures Within Airport Approaches; Regulation of Location and Height

Section 35A. The safety, welfare and protection of persons and property in the air and on the ground requires that the navigable air space overlying the commonwealth in the approaches to, and the air traffic pattern area of, airports approved by the commission be maintained in a reasonably unobstructed condition for the safe flight of aircraft, and therefore, in the exercise of the police power, the location and height of structures and the use of land thereto related is regulated as provided in sections thirty-five B to thirty-five D, inclusive.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 35b - Structures Within Airport Approaches; Permits for Erection or Addition

Section 35B. No person shall erect or add to the height of any structure within a rectangular area lying fifteen hundred feet on either side of the extended center line of a runway or landing strip of an airport approved by the commission for a distance of two miles from the end of such runway or landing strip so that the height thereof will be more than one hundred and fifty feet above the level of such runway or landing strip, nor, within that portion of such area which is within a distance of three thousand feet from the end of such runway or landing strip, so that the height thereof will be greater than a height above the level of such runway or landing strip determined by the ratio of one foot vertically to every twenty feet horizontally measured from the end of such runway or landing strip, unless a permit therefor has been granted by the commission.
The provisions of this section shall not apply (1) to areas subject to airport approach regulations adopted pursuant to sections forty A to forty I, inclusive, (2) to air approaches to the General Edward Lawrence Logan International Airport, nor (3) to structures which will be thirty feet or less in height above ground.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 35c - Structures Within Airport Approaches; Application for Permit; Notice of Denial; Hearing

Section 35C. Application for such permit shall be made to the commission on a form furnished by it.
If such application is granted, the permit shall specify the location of such structure or a defined area within which it shall be located, its maximum height, and, in conformity with federal laws and regulations in so far as applicable, the obstruction markers, marking, lighting or other visual identification characteristics to be installed thereon or in its vicinity. If not inconsistent with federal laws and regulations, the permit may require that lights flash at intervals and in a specified pattern.
If such application is denied, notice thereof shall be given the applicant by certified mail at the address specified in the application. The applicant may, within twenty days thereafter, file a written request with the commission for a public hearing. Such hearing shall be subject to the provisions of chapter thirty A.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 35d - Structures Within Airport Approaches; Maintenance, Repair or Replacement; Initial Approval

Section 35D. The provisions of section thirty-five B shall not be construed to prohibit the maintenance, repair or replacement nor to require any change in the height or location of any structure existing prior to the initial approval of an airport by the commission or prior to the construction of a runway or landing strip at an airport so approved.
Notwithstanding the provisions of section thirty-five B, an addition in height or otherwise may be made to any structure which exceeded a height of one hundred and twenty-five feet above ground prior to the initial approval, after January first, nineteen hundred and sixty, of an airport by the commission or prior to the construction of a runway or landing strip at an airport so approved after said date.
For the purposes of this section initial approval shall be construed to include reapproval where approval has been withdrawn for a period following initial approval.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 39 - Aeronautics Commission; Powers; Rules and Regulations

Section 39. The commission shall have general supervision and control over aeronautics.
The commission may provide air transportation for state agencies and officials, provided said agencies or officials pay to the commission the charge established for such service. Said charge shall be set by the commission to equal the hourly operative cost of fuel, hangaring, maintenance, labor, parts, aircraft crew overtime and expenses associated with each flight operation, and the replacement of aircraft equipment. Receipts shall be paid into the state treasury and kept in a separate account and may be expended without further appropriation, for the purposes aforesaid.
Subject to the approval of the governor, the commission may represent the commonwealth in matters relative to aeronautics before boards, commissions, departments or other agencies of the federal government and other states and international conferences, and before committees of the Congress of the United States.
For the purpose of carrying out the provisions of sections thirty-five to fifty-two, inclusive, and for the purpose of protecting and insuring the general public interests and safety, and the safety of persons receiving instructions concerning, or operating or using, aircraft and of persons and property being transported in aircraft, and for the purpose of developing and promoting aeronautics within the commonwealth, the commission may perform such acts, may issue and amend such orders and may with the approval of the governor and council, make and amend such reasonable general or special rules and regulations as it deems necessary; provided, however, that such rules and regulations shall not be inconsistent with, or contrary to, any act of the Congress of the United States relating to aeronautics or any regulations promulgated or standards established pursuant thereto. No rule or regulation of the commission shall apply to airports, restricted landing areas, or air navigation facilities owned or operated by the United States within the commonwealth.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 39a - Plan for Development of Airports and Air Navigation Facilities

Section 39A. The commission shall prepare and revise from time to time a plan for the development of airports and air navigation facilities in the commonwealth. Such plan shall specify, in terms of general location and type of development, the projects considered by the commission to be necessary to provide a system of airports adequate to anticipate and meet the needs of civil aeronautics within the commonwealth. In formulating and revising such plan the commission shall consider the probable technological developments in the science of aeronautics, the protection and safety of persons operating aircraft, the needs of the national defense program, air commerce and private flying in order that locations of such airports and air navigation facilities will provide the greatest safety, security and utility. In carrying out this section the commission may make such surveys, studies and investigations as it may deem necessary or desirable.
The commission may, subject to appropriation, construct, establish and maintain air navigational facilities within the commonwealth for the convenience and safety of persons operating, using or traveling by aircraft, and for the safety of the general public. The commission on behalf of the commonwealth may take by eminent domain under chapter seventy-nine or eighty A, or acquire by purchase, gift or otherwise, such property as may be necessary to fulfill the requirements of this section.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 39c - Reimbursement of Towns and Cities for Airport Construction; Federal Funds

Section 39C. The commission is hereby authorized to expend such sums as may be appropriated for the purpose of reimbursing cities or towns for airport construction as provided in section thirty-nine F. Such reimbursements shall be subject to the provisions and restrictions of said section thirty-nine F and of section fifty-one K, and the commission may, without appropriation, receive and distribute such federal funds as may be available therefor; provided, that such expenditures are otherwise in accordance with law.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 39e - Engineering or Technical Services of Commission to Cities and Towns

Section 39E. The commission, when it considers such assistance desirable and feasible, may provide, without charge, engineering or other technical services to any city or town requesting such services in connection with the acquisition, construction, establishment, enlargement, improvement or protection of any airport or restricted landing area which conforms to the state airport plan.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 39f - Reimbursement of City or Town Constructing, Establishing or Enlarging Airport

Section 39F. Whenever any city or town undertakes, in conformity with the state airport plan, the acquisition, construction, establishment, enlargement, improvement or protection of an airport and has appropriated sufficient funds, which together with funds available under this section, shall equal at least fifty per cent of the cost thereof, the state treasurer, at the request of the commission, shall pay to or reimburse such city or town from such funds as have been appropriated for such purposes, such amount, not exceeding forty per cent of the cost of such work, as may be determined by the commission.
If any such city or town appropriates sufficient funds, which, together with the funds available under this section, is equal to one hundred per cent of the cost thereof, the state treasurer, at the request of the commission, shall pay to or reimburse such city or town from such funds as have been appropriated for such purpose, such amount, not exceeding fifty per cent of the cost of such work, as may be determined by the commission.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 39g - Applicability of Secs. 35 to 52 to Counties

Section 39G. The provisions of sections thirty-five to fifty-two, inclusive, applicable to any city or town shall apply to airports and aeronautical facilities owned or operated by any county, except for the method of appointment of the airport commission thereof, which commission shall be appointed by the county commissioners.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40a - Airport Approach Regulations by Cities or Towns

Section 40A. Any city, except Boston, and any town, may by ordinance or by-law adopt, and may administer and enforce, in the manner and upon the conditions hereinafter prescribed, approach regulations relative to approaches to publicly owned airports, applicable to areas within such city or town, in this section and sections forty B to forty I, inclusive, called airport approach regulations. Such regulations may divide any such area into sections and may within each section regulate and restrict the height to which structures and trees may thereafter be erected or allowed to grow. Any such regulations may from time to time be amended or repealed. Such regulations and amendments thereto shall be effective when approved by the commission and the attorney general and recorded as hereinafter provided. Such regulations or any amendments thereto shall as soon as may be after adoption and approval be recorded in the registry of deeds of each county and district in which any portion of the land to which such regulations apply is located, and notice that such regulations or amendments have been adopted shall be sent by mail to the owner of every parcel of land to any portion of which such regulations or amendments are applicable. For the purposes of this provision the person to whom the land was assessed in the last preceding annual tax levy shall be deemed to be the owner thereof, and the notice shall be addressed in the same manner as the notice of such tax, unless a different owner or a different address is known to be the correct one. Such notice shall also be given by publishing, in a newspaper of general circulation, if any, in each city and town in which any portion of the land subject to the regulations is located, a map of the area subject to the regulations, with sufficient explanatory matter to give the public and the owners of land reasonable notice of the adoption of the regulations or amendments, or by posting such map and explanatory matter in one or more public places in each such city and town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40b - Reasonableness of Airport Approach Regulations

Section 40B. All airport approach regulations adopted under this chapter shall be reasonable, and no such regulation shall require the removal or lowering, or other change or alteration, or prohibit the repair or replacement, of any structure or tree not conforming to the regulations when adopted or amended, or otherwise interfere with the continuance of any such non-conforming structure or tree, except as provided in section forty G.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40c - Adoption, Amendment or Repeal of Airport Approach Regulations; Public Hearing

Section 40C. In a city airport approach regulations may be adopted, amended or repealed only by action of the city council, and in a town only by vote of the town, at a meeting called for the purpose, and in either case only after a public hearing held by the city council of the city or the selectmen of the town, at which hearing all persons who might be affected in their property by the regulations, all inhabitants of the city or town, all persons liable to taxation therein and all inhabitants of adjoining cities and towns shall have an opportunity to be heard. At least fifteen days' notice of the time and place of the hearing shall be published in a newspaper of general circulation, if any, in the city or town. Airport approach regulations may be adopted by a city or town although the airport the approaches to which they are designed to protect is located in another city or town.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40d - Erection, Replacement or Alteration of Structures or Trees; Variance

Section 40D. (1) A city or town may by ordinance or by-law prohibit the erection of new structures or the replacement or substantial alteration of existing structures within the area to which airport approach regulations adopted under section forty A apply, without a permit from the administrative agency authorized to administer such regulations; but such a permit shall be issued as of right if the structure as erected or altered is in conformance with such regulations or will not constitute a greater hazard than the structure which is replaced or altered. No such permit shall be granted, except as provided in subsection (2) of this section, which would allow the structure or tree in question to be erected or allowed to grow to a greater height, or to become a greater hazard to air navigation, than when the applicable regulation was adopted.
(2) Any person desiring to erect or increase the height of any structure, or to permit the growth of any tree, in a manner not conforming to airport approach regulations adopted under section forty A, or to establish the right so to do, may apply to the administrative agency authorized to administer such regulations or, if there is no such agency, to the city council of the city or to the selectmen of the town, for a variance from the regulations applicable to his property. Such variances shall be allowed where a literal application or enforcement of such regulations would result in practical difficulty or unnecessary hardship and the relief granted would not be contrary to the public interest.
(3) In granting any permit or variance under this section to which the applicant is not entitled as of right, the administrative agency, city council or selectmen, as the case may be, may, if it deems such action advisable to effectuate the purposes of sections forty A to forty I, inclusive, and reasonable in the circumstances, so condition such permit or variance as to require the owner of the structure or tree in question to permit the city or town, at its own expense, to install, operate, and maintain suitable obstruction markers and obstruction lights thereon.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40e - Administrative Agency

Section 40E. Any city or town adopting airport approach regulations under section forty A may delegate the duty of administering and enforcing such regulations to any administrative agency under its jurisdiction, or may establish an administrative agency for the purpose. The duties of such administrative agency shall include that of hearing and deciding all applications for permits and variances under section forty D.
2023 Massachusetts General Laws › Part I - Administration of the Government › Title XIV - Public Ways and Works › Chapter 90 - Motor Vehicles and Aircraft › Section 40f - Removal of Structures Erected in Violation of Regulations; Trees; Procedure

Section 40F. If any structure is erected in violation of any regulation adopted under section forty A, the administrative agency, city council or selectmen, as the case may be, having jurisdiction may direct the owner of said structure, at his own expense, to lower, remove, reconstruct or equip such structure in such manner as may be necessary to conform to such regulations. Notice of such order shall be sent by registered mail to the owner of the land upon which such structure stands, addressed in the same manner as the notice of his last preceding annual tax, unless a different owner or a different address is known by such agency, city council or selectmen, as the case may be, to be the correct one, and if such owner shall neglect or refuse to comply with such order for thirty days after the sending of the notice thereof, such agency, city council or selectmen, as the case may be, may proceed to cause such structure to be lowered, removed, reconstructed or equipped in accordance with its or their order. Such agency, city council or selectmen, as the case may be, shall certify the expense so incurred with respect to each parcel of land to the assessors of the city and town, and the assessors shall assess such expense upon the owners of said parcels respectively, such expense shall be included in their taxes and constitute a lien upon the land, and all provisions of law relating to the collection and the abatement of taxes and to interest thereon shall be applicable to such expense.
If any tree is allowed to grow in violation of any regulation adopted under section forty A, said administrative agency, city council or selectmen, as the case may be, may request the owner of said tree to cut down said tree or so much thereof as has grown in violation of such regulation; and if said owner neglects or refuses to comply with such request within sixty days after the same was given, such agency, city council or selectmen, as the case may be, may enter upon his land, doing as little damage as possible, and cut off so much of said tree as has grown in violation of such regulations. No part of the expense of such removal shall be charged to the owner of the tree.