Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 260.00 - Motor Carriers And Brokers › Section 260.01 - General

Current through Register 1525, July 5, 2024
(1)
Condition of Issuance of
		Certificate
. No certificate shall be issued to any person or
		corporation to operate as a common carrier unless the Department is satisfied
		that the applicant is adequately insured for the loss of or damage to property
		transported by the applicant.
(2)
Transfer and Assignment of Rights
. Certificates issued
		by the Department may be assigned and transferred with the approval of the
		Department after a public hearing.
The Department shall withhold approval of any transfer until
		  the certificate granted to the original holder is surrendered or the Department
		  is satisfied that the original certificate cannot be surrendered. The
		  Transferor and Transferee shall appear in person or by duly authorized
		  representative at the public hearing.
(3)
Insurance
. When
		insurance is required by the Department, the insurance policy shall contain a
		provision to the effect that said policy shall not expire nor be cancelled
		except upon 20 days prior notice in writing by the insurance company to the
		Department.
(4)
Filing
		of Common Carrier Tariffs
. Any person to whom a certificate is
		granted for the common carriage of property for hire shall file with the
		Department acceptable tariffs as required by M.G.L. c. 159B, § 6 before
		beginning operations.
Such tariffs shall be filed with the Department within 30 days
		  after the date of issuance of Memorandum of Decision by the Department and no
		  certificate will be issued until such filing is made. A failure to file
		  acceptable tariffs in writing or by electronic means will be deemed evidence of
		  the prospective carrier's inability to conform with the statute and the lawful
		  rules of the Department and shall be cause for revocation of the
		  certificate.
(5)
Non-resident Motor Carrier
. A motor carrier not having
		a place of business within the Commonwealth and required by the Department to
		maintain records, shall notify the Department in writing or by electronic means
		of the address within the Commonwealth and any changes thereof, where such
		records shall be available for inspection at reasonable hours by authorized
		representatives of the Department on request.
(6)
Vehicle Identification
		Devices
. Certificate holders shall apply for a Vehicle
		Identification Device or provide proof of Unified Carrier Registration
		participation on or before the 15th day of December
		each year for such vehicle(s) that will be used in the motor carrier's
		operation. The filing may be made electronically or by paper.
(7)
Observance of Other Laws and
		Regulations
. Certificate holders shall comply with all laws,
		ordinances, by-laws, and regulations relating to the operation of motor
		vehicles upon public ways and to the transportation of property.
(8)
Payment of
		Judgments
. Certificate holders shall pay any final judgment
		rendered against them for loss or damage to property delivered to them for
		transportation within 30 days from the date of demand on execution.
(9)
Bills of Lading and Records
		of Transportation Charges
. Common carriers engaged in the
		transportation of property in Massachusetts shall issue duplicate copies of
		bills of lading for all transportation services performed, one copy of which
		shall be retained by the carrier. Such bills of lading shall contain the
		following information:
(a) Name and address
		of motor carrier and customer(s).
(b) Description of commodity.
(c) Total units of shipment in pounds, yards,
		miles, hours,
etc
.
(d) Unit rate of charge or basis in tariffs,
		lawfully on file with the Department.
(e) Accessorial charges not included in
		freight rate or charge.
(f) Total
		of all charges collected by the carrier.
All bills of lading shall be retained by the motor carrier for
		  a period of three years at his principal place of business and be available for
		  inspection at reasonable hours by authorized representatives of the Department
		  on request.
Motor carriers shall provide to the customer(s) a bill for the
		  service rendered and shall be responsible for the collection of the
		  charges.