720 CMR 9.04 - Tow Away Zones

(1) Authorization of Police. The Officer in charge of the Uniformed branch of the State Police and the principal police official of the police department of any city or town, or such sargeants or police officers of higher rank as said officers or officials may from time to time designate are hereby authorized, with such limitations as are, or may be hereinafter set forth, to remove or cause to be removed to some convenient place any vehicle parked or standing within the limits of any State Highway which is under their police jurisdiction, in violation of any of the provisions set forth in 720 CMR 9.04(2) and 9.04(3).

(2) General Prohibition Towing Zones. No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park in any of the following places. Vehicles found in violation of the provisions of 720 CMR 9.04(2) except those specifically exempted by law, shall be removed to a convenient place under the direction of an officer authorized as set forth in 720 CMR 9.04(1), of the Police Department and the owner of the vehicle so removed, or towed away shall be liable to the cost of such removal and storage charges, if any. The owner of any vehicle removed or towed away under the provisions of 720 CMR 9.04(2) shall also be subject to the penalties provided in M.G.L. c. 90, § 20A½ (Ter. Ed.).

(a) Upon any way in such a manner as to impede the removal or plowing of snow or ice.

(b) Within a crossover.

(c) Upon any sidewalk.

(d) Upon any crosswalk.

(e) Upon any roadway where the parking of a vehicle will not leave a clear and unobstructed lane 12' wide in each direction for passing traffic.

(f) Upon any highway within 20 feet of an intersecting way, except alleys.

(g) Upon any highway within ten feet of a fire hydrant.

(h) Upon or in front of any private road or driveway without the consent of the owner of said private road or driveway.

(i) On the roadway side of any vehicle stopped or parked at the edge or curb of the highway.

(j) Upon any roadway where parking is permitted unless both wheels on the right side of the vehicle are within 12 inches of the curb or edge of the roadway, unless otherwise permitted.

(k) Upon the roadway in a rural or sparsely settled district within any area designated as a "No Passing Zone".

(l) Within the limits of any State Highway for a period of time exceeding 24 consecutive hours without the written permission of the Department, whether or not a vehicle is disabled and preparations are being made by the owner or operator for its removal.

(m) Upon any state highway bridge, overpass, overhead highway structure or the approaches thereto or in any underpass or tunnel or the approaches thereto, unless signs permitting parking have been installed or unless a breakdown lane has been constructed or designated.

(n) Upon any state highway in an area designated by pavement markings as an acceleration or deceleration lane of an express state highway or on any ramp providing either access or egress for an express state highway.

(o) Upon a safety rest area those vehicles left unattended for more than 30 consecutive minutes provided signs are posted notifying of the tow zone.

(3) Parking Prohibitions, Towing Zone. No person shall stand or park or allow, permit or suffer any vehicle registered in his name to stand or park on any of the highways, ways or parts of ways hereinafter described and during the periods of time set forth. Vehicles found in violation of the provisions of 720 CMR 9.04(3) except those specifically exempted by law shall be removed to a convenient place under the direction of an Officer authorized as set forth in 720 CMR 9.04(1), and the owner of the vehicle so removed or towed away shall be liable to the cost of such removal and storage charges, if any. The owner of any vehicle removed or towed away under the provisions of 720 CMR 9.04 shall also be subject to the penalties provided in M.G.L. c. 90, § 20A½.

In any area designated as a bus stop 720 CMR 9.04(3) shall also apply.

(4) Official Traffic Signs. The provisions of 720 CMR 9.04(3) shall be effective only during such time as a sufficient number of official traffic signs bearing the legend "Tow-Away Zone" are installed, erected, maintained and located so as to be visible to approaching driver, said signs to be appended above or incorporated into the legend of Parking Prohibition Signs.

(5) Police to Keep Record of Towed Vehicles. The police shall keep a record of all vehicles towed or removed under the provisions of 720 CMR 9.00 et seq. Such record shall be retained for one year and shall contain the following information:

(a) The registration of the vehicle.

(b) The location from which it was towed and time and date of tow order.

(c) The location to which it was moved.

(d) The fee charged for towing.

(e) Name of towing contractor, if any.

(f) Name and rank of officer who authorized towing.

(6) Exemptions. The provisions of 720 CMR 9.04 shall not apply to any vehicle owned by the Commonwealth of Massachusetts of a political sub-division thereof or by the United States or any instrumentality thereof or registered by a member of a foreign diplomatic corps or by a foreign consular officer who is not a citizen of the United States and bearing a distinctive number plate or otherwise conspicuously marked as so owned or registered.

Notes

720 CMR 9.04