SENATE, No. 2821

The Commonwealth of Massachusetts

In the Year Two Thousand and Eight.

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 after chapter 21M the following chapter:-

CHAPTER 21N
THE TRANSPORTATION OF EXPLOSIVE AND
INFLAMMABLE MATERIALS AND STRICT LIABILITY

Section 1.  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.
“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.  Notwithstanding any general or special law to the contrary, whoever owns or operates a vehicle transporting any hazardous article or material identified in section 9 of chapter 148, shall be strictly liable for damages to the person or property of another caused by the release of any such hazardous article or material, including but not limited to damage caused by fire or explosion 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 caused thereby.
Claims against public employers shall not be subject to this chapter, but in accordance with section 2 of chapter 258.  Nothing in this chapter shall be construed to impose strict liability on a passenger vehicle or to preclude the right to bring contributory negligence claims under chapter 231B.

SECTION 2. Section 35 of chapter 85 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by striking out, in the last sentence, “two hundred” and inserting in its place the following figure: “500”.

SECTION 3.  Said section 35 of said chapter 85, as so appearing, is hereby amended by inserting, after the last sentence, the following paragraph:-

Any person operating a vehicle carrying any article, material, liquid, or substance identified in section 9 of chapter 148, the weight of which, with its load, exceeds the maximum weight as posted under this section or section 34 shall be punished by a fine of not more than $1000, unless such vehicle is being operated in accordance with the terms of a special permit issued under the provisions of sections 30 and 30A.  Any person convicted of a violation of the provisions of this section or the preceding section shall be deemed to be convicted of a moving violation of the motor vehicle laws for the purposes of determining surcharges on motor vehicle premiums under section 113B of chapter 175.

SECTION 4.  Section 20 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby amended by inserting, after the third paragraph, the following paragraph:-

Any person convicted of a violation of the provisions of section 17 while operating a commercial motor vehicle, as defined in chapter 90F, that is carrying any article, material, liquid, or substance identified in section 9 of chapter 148, shall be punished by a fine of not more than $1,000 for the first offense, not less than $1,000 nor more than $2,000 for a second offense committed in any 12 month period, and not less than $2,000 nor more than $3,000 for a subsequent offense committed in any 12 month period, and complaints of such violations, notwithstanding the subsequent provisions of this section shall not be placed on file by the court.