Repair or Removal of Vehicle

(1) In the Tunnels. (a) Repairs. Repairs to a disabled vehicle in the Tunnels are prohibited unless authorized by the Chief Engineer or a Massachusetts State Police officer to ensure the safe and efficient operation of the Tunnels. (b) Removal. The Department may immediately remove, or cause to be removed, a disabled vehicle or abandoned vehicle in the Tunnels, and the Department may park, garage, or store the removed vehicle on property of the Department or elsewhere, all at the risk and expense of the owner of the removed vehicle. (2) On a Way Other than the Tunnels. The provisions of 700 CMR 7.12(2) apply only to activities involving a disabled vehicle or abandoned vehicle that is located on a way other than the Tunnels. Activities involving a disabled or abandoned vehicle in the Tunnels are governed by 700 CMR 7.12(1). (a) Repairs. The operator of a disabled vehicle may repair it, or cause it to be repaired in accordance with 700 CMR 7.12(2)(c), provided that the wheels and projecting parts, including any load, of the disabled vehicle completely clear the nearest lane by a minimum of two feet; the operator does not leave the disabled vehicle unattended; and the repairs are completed within two hours. (b) Removal. 1. Authorization. The Department may remove, or cause to be removed, an abandoned vehicle in accordance with 700 CMR 7.12(2)(c). The Department may remove, or cause to be removed, a disabled vehicle in accordance with 700 CMR 7.12(2)(c) if effective repairs in accordance with 700 CMR 7.12(2)(a) cannot be accomplished or if, at any time, a Massachusetts State Police officer or the Chief Engineer determine that the vehicle's removal is appropriate to ensure the safe and efficient operation of the way. 2. Immediate Procedure. Pending removal in accordance with 700 CMR 7.12(2)(c), the operator of a disabled vehicle shall, if practicable, move or cause to be moved the vehicle to the extreme right side of the pavement or to an interchange. A Massachusetts State Police officer may similarly move a disabled vehicle or an abandoned vehicle. (c) Providers of Repair or Removal Services. 1. Removal Procedure and Terms. A provider of emergency road services, as authorized in 700 CMR 7.12(2)(c), removes a disabled vehicle or an abandoned vehicle by towing, pushing, or transporting the vehicle at the risk and expense of its owner to a convenient place of storage as determined by a Massachusetts State Police officer or the Chief Engineer. The Department does not permit such a vehicle to be removed from the place of storage until full payment has been made for storage, towing, and any other charges reasonably related to the vehicle's removal. 2. Providers Certified with Respect to Tandem Units. The operator or owner of a tandem unit that is a disabled vehicle may use an emergency road-service provider certified in accordance with 700 CMR 7.08(25) to repair or remove the disabled vehicle; provided, however, that the Department or a Massachusetts State Police officer may require the tandem unit owner or operator to use a qualified towing contractor as described in 700 CMR 7.12(2)(c)3. to remove or repair the disabled vehicle if, in the judgment of the Department or the Massachusetts State Police, safety, the efficient operation of the way or the public convenience requires its doing so. 3. Qualified Towing Contractor. If the provisions of 700 CMR 7.12(2)(c)2. do not apply, a disabled vehicle or abandoned vehicle may be repaired or removed by a qualified towing contractor called to the scene by the Massachusetts State Police or the Department. 4. Other Qualified Emergency Road-service Provider. At the request of the operator or owner of a disabled vehicle or abandoned vehicle, the vehicle may be repaired or removed by a qualified emergency road-service provider other than a qualified towing contractor as described in 700 CMR 7.12(2)(c)3.; provided, however, that the Department or a Massachusetts State Police officer may require the vehicle operator or owner to use a qualified towing contractor as described in 700 CMR 7.12(2)(c)3. to remove or repair the vehicle if, in the judgment of the Department or the Massachusetts State Police, safety, the efficient operation of the way or the public convenience requires its doing so.