responsibility for damages resulting from the transportation of explosive and inflammable materials. The Judiciary
Version with line numbers
| By Mr. Galluccio, a petition (accompanied by bill,
Senate, No. 2523) of Anthony D. Galluccio, Stephen S.
Smith, Robert L. Hedlund, Michael W. Morrissey and other
members of the General Court for legislation relative to responsibility for damages resulting from the transportation of explosive and inflammable materials. The Judiciary Version with line numbers |
AN ACT RELATIVE TO RESPONSIBILITY FOR DAMAGES RESULTING FROM THE TRANSPORTATION OF EXPLOSIVE AND INFLAMMABLE MATERIALS
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. The General Laws are hereby amended by inserting Chapter 21M, as appearing in the 2006 Official Edition, the following new chapter:—
CHAPTER 21N
THE TRANSPORTATION OF EXPLOSIVE AND
INFLAMMABLE MATERIALS AND STRICT LIABILITY
Section 1. Definitions. As used in this chapter, the following words shall, unless the context otherwise requires, have the following meanings:-
“Passenger vehicle,” any motor vehicle that is used or maintained primarily for the transportation of persons and not for the commercial transportation of any article or material identified in section 9 of chapter 148 of the General Laws.
“Person,” any individual, corporation, affiliate or subsidiary, partnership, association, cooperative or otherwise, trust or estate, governmental agency, authority, municipality or agency thereof, board or commission, or other public or private legal entity.
Section 2. Strict Liability. The commercial transportation within the Commonwealth of any article or material identified in section 9 of chapter 148 of the General Laws is determined to be hazardous and, notwithstanding any general or special law to the contrary, the owner or operator of any vehicle that transports any such article or material shall be liable for damages to the person or property of another without proof of negligence. The exercise of due care shall not excuse any owner or operator from strict liability for personal injuries or real or personal property damage, including but not limited to damage caused by fire or explosion. Nothing in this chapter shall be construed to impose strict liability on a passenger vehicle.