Executive Order  No. 21: (1st Series) Authorizing car pools by commuting employees: Certain statutory restrictions waived

WHEREAS, the conservation of gasoline, rubber and motor vehicles has become extremely important to the successful prosecution of the war; and

WHEREAS, many privately owned motor vehicles used for the carriage of one or more persons to and from their places of employment can be utilized for the carriage of additional persons to and from, or near, their places of employment; and

WHEREAS, many owners of motor vehicles who would otherwise be willing to transport their fellow workers and others to and from their places of employment are deterred from so doing by the provisions of certain existing laws relating to jitneys, taxicabs and motor vehicle insurance; and

WHEREAS, the failure to utilize fully the carrying capacity of said motor vehicles for the transportation of additional persons to and from, or near, their places of employment results in an unnecessary waste of gasoline, rubber and motor vehicles; and

WHEREAS, the insurance companies issuing motor vehicle liability insurance policies in this Commonwealth have expressed their desire to afford insurance coverage in addition to that provided for by outstanding policies, without charging additional premiums for such added coverage; and

WHEREAS, the government of the United States, acting through the Navy Department, the Office of Defense Transportation and other agencies, has requested that action be taken to encourage the use of the full carrying capacity of vehicles used for the transportation of persons to and from their places of employment:

NOW, THEREFORE, I, Leverett Saltonstall, Governor of the Commonwealth of Massachusetts, acting under the provisions of Acts of 1941, chapter 719, Acts of 1942, chapter 13, and all other authority vested in me, do hereby issue this order as a measure necessary and expedient for meeting the supreme emergency of the existing state of war between the United States and certain foreign countries.

1. During the continuance of the existing state of war, a motor vehicle registered for purposes other than carrying persons for hire may be operated and used as a "Workmen's Livery Automobile," as hereinafter defined, without being specially registered therefor and without the payment of any additional registration fee on account thereof.

2. Operation or use of a motor vehicle as a Workmen's Livery Automobile pursuant to the foregoing paragraph shall not be subject to the provisions of General Laws (Ter. Ed.) chapter 159A or to the provisions of any other law or regulation applicable solely to the operation or use of motor vehicles as taxicabs, jitneys or other vehicles used for carrying passengers for hire.

3. The term "Workmen's Livery Automobile" is hereby defined for purposes of this order as a motor vehicle of the private passenger or station car type (Beverly Body or beach wagon), the designed seating capacity of which does not exceed seven persons excluding the operator, and used by the owner, or by any person operating said motor vehicle with the express or implied consent of the owner, for transportation of the owner or such operator, as the case may be, to or from a place of employment and at the same time used to carry fellow employees or others to or from, or near, their place of employment, whether for compensation or otherwise.

A Workmen's Livery Automobile as herein defined shall not include any motor vehicle

1. operated for hire from a stand, hotel, station, dock or place of public resort;
2. operated as a bus or on a schedule along a regular route;
3. used for trips at fares determined by zone or taximeter;
4. carrying any sign that such motor vehicle is for public hire; or
5. operated as a private livery automobile.

4. The Commissioner of Insurance, hereinafter referred to as the Commissioner, is hereby authorized and empowered to permit the insurance companies lawfully issuing motor vehicle liability insurance policies in the Commonwealth to extend, without charging additional premiums therefor, the insurance coverage afforded by policies issued pursuant to the requirements of the compulsory motor vehicle insurance law, so called, in order that the coverage as extended will provide insurance protection with respect to any or all aspects of the operation of motor vehicles as Workmen's Livery Automobiles, pursuant to this order. Such permission shall not be granted by the Commissioner unless identical extensions are made with respect to all such policies by all of said insurance companies. The method or form by which such extensions are made operative shall be subject to the approval of the Commissioner.

5. In the event that motor vehicle insurance coverage shall be extended pursuant to paragraph 4 above, the Commissioner shall be authorized to permit the said insurance companies to refund portions of premiums paid by the holders of existing policies who have paid for coverage of the type provided by such extensions. Such refunds shall not be authorized by the Commissioner unless identical refunds are made with respect to all such policies by all of said insurance companies. Refunds shall be made pursuant hereto in such manner and amounts as may be approved by the Commissioner, and it shall be lawful for policy holders to receive and accept said refunds.

6. Any action taken in conformity with the provisions of this order shall be lawful, not- withstanding any other provision of law to the contrary.

GIVEN at the Executive Chamber in Boston, this ninth day of June, in the year of our Lord one thousand nine hundred and forty-two, and of the Independence of the United States of America, the one hundred and sixty-sixth.

By His Excellency the Governor, Leverett Saltonstall

Frederic W. Cook, Secretary of the Commonwealth