Section 18: Special regulations, speed and use of vehicles

704 words·~3 min read·/ma/part-i/title-xiv/chapter-90/18

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 18. The city council, the transportation commission of the city of Boston, the board of selectmen, park commissioners, a traffic commission or traffic director or the department, on ways within their control, may make, amend or rescind special regulations as to the speed of motor vehicles and may prohibit the use of such vehicles altogether on such ways. In the case of a speed regulation, or an amendment or rescission thereof, no such action shall take effect unless the department shall have certified in writing that such regulation, amendment or rescission is consistent with the public interests.

In the case of any special regulation other than a speed regulation, no such special regulation or amendment or rescission thereof shall take effect unless it shall have been published in 1 or more newspapers, if there be any, published in the town in which the way is situated, otherwise in 1 or more newspapers published in the county in which the town is situated.

Nothing herein contained shall be construed as affecting the right of the department of conservation and recreation to make rules and regulations governing the use and operation of motor vehicles on lands, roadways and parkways under its care and control. No such rule or regulation shall prohibit the use of passenger or station wagon type motor vehicles whose gross weight is less than 5,000 pounds and which are registered for commercial use on ways where noncommercial passenger type motor vehicles are permitted to operate.

No regulation, amendment or rescission under this section shall take effect until there shall have been erected, upon the ways affected thereby and at such points as the department or department of conservation and recreation may designate, signs, conforming to standards adopted by the department, setting forth the speed or other restrictions established by the regulation, and then only during the time such signs are in place. Any sign purporting to establish a speed limit that has not been erected in accordance with the foregoing provisions may be removed by or under the direction of the department.

Upon rescission of the speed regulation, or a portion thereof, and removal of the signs, sections 17 and 17C shall govern.

The city council, the transportation commission of the city of Boston, the board of selectmen, park commissioners, a traffic commission or traffic director may petition the department to modify the speed limit on a state highway within their geographic boundaries. Said petition shall be made in writing to the state traffic engineer. The department shall have 90 days to approve or deny the petition. Upon approval of the petition or the expiration of the 90 days without action, the petitioned speed limit shall become effective and the department shall erect upon the state highway affected thereby and at such points as the department may designate, signs, conforming to standards adopted by the department, setting forth the speed limit.

Any person, corporation, firm or trust owning a private parking area or owning land on or abutting a private way, or any person, corporation, firm or trust controlling such land or parking area, with the written consent of the owner, may apply in writing to the city council, the traffic commission of a city or town having a traffic commission, the transportation commission of the city of Boston or the board of selectmen in any town in which the private way or parking area lies, to make special regulations as to the speed of motor vehicles and as to the use of such vehicles upon the particular private way or parking area, and the city council with the approval of the mayor, the traffic commission of a city or town, the transportation commission of the city of Boston or the board of selectmen, as the case may be, may make such special regulations with respect to said private way or parking area to the same extent as to ways within their control and such special regulations shall not be subject to approval by the department or the registrar; provided, however, that any traffic signs, signals, markings or devices used to implement such special regulations shall conform in size, shape and color to the most current manual on uniform traffic control devices.