(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.
Amended by Mass Register Issue 1275, eff. 12/5/2014.