§ 11 — Powers and duties of director

Massachusetts § 11

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XIV: PUBLIC WAYS AND WORKS
• Ch. 90B: MOTORBOATS, OTHER VESSELS AND RECREATIONAL VEHICLES

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Section 11. The director shall administer and enforce the provisions of this chapter, and, for such purposes, is authorized to make rules and regulations not contrary to the laws of the commonwealth or of the United States.He shall (1) submit to the secretary for his approval a numbering system for motorboats, (2) require that all applications for number, certificates of number, and reports of boating accidents contain the same information as that contained in similar documents of the coast guard, and (3) compile on or before December thirty-first of each year lists of all snow vehicles and recreational vehicles and on or before September thirtieth of each year lists of all boats registered as of the previous July first under the provisions of this chapter. The boat lists shall include for each boat the name and residence of the registered owner, the registration number, make, type, length, model year of the boat and the make, type, horsepower and model year of the engine or motor used to propel said boat and, if appropriate, the city or town in which it is habitually moored or docked, or with respect to trailered boats, the city or town where registered.The snow vehicle and recreational vehicle lists shall include for each vehicle the name and residence of the registered owner, the registration number, type, size and model year and the city or town in which the vehicle is customarily kept. The director shall annually transmit to the assessors of each city and town in the commonwealth a list of registered owners of snow vehicles or recreational vehicles in such city or town and a list of documented or registered owners of boats habitually moored or docked in such city or town, and if not so moored or docked, a list of documented or registered boats whose owners reside in such city or town, together with any information which may assist the assessors in listing and valuing or assessing such boats, snow vehicles and recreational vehicles.The director may authorize any person to issue registration certificates for snow vehicles, recreational vehicles, and vessels in accordance with sections 22 and 23.He may—(a) Exempt any vessel or class of vessels from the numbering provisions of this chapter if such vessel or class of vessels has been made exempt from the numbering provisions of the Federal Boating Act of 1958 by the secretary.(b) Issue safety certificates in such form and under such terms and conditions as he may designate and may require that any person, before operating on the waters of the commonwealth, any motorboat or other vessel subject to the provisions of this chapter or of any rule or regulation made under authority hereof, shall hold such a valid safety certificate.(c) Prescribe the type of life preservers, life belts, ring buoys or other similar devices to be carried on board motorboats.(d) Prescribe the type of fire extinguishers to be carried on board motorboats; provided, that any type so prescribed has been approved by the Coast Guard.(e) Prescribe the type of flame arrestors, backfire traps or similar devices to be used on motorboats with inboard engines and using gasoline as fuel; provided, that any device so prescribed has been approved by the Coast Guard.(f) Prescribe devices to be used for the proper and efficient ventilation of the bilge of engine and fuel tank compartments of motorboats using liquid of a volatile nature for fuel.(g) Approve the conduct of motorboat races, including the times, places and any other circumstances of such races, and may require the establishment of safety precautions in connection therewith.(h) Permit the use of cutouts on motorboats and operated in accordance with the provisions of section six.(i) Approve professional exhibitions of waterskiing, surfboarding or similar activity, and therefore may suspend the provisions of section eight (c) and (d).(j) Establish speed limits for motorboats on any of the rivers, harbors, lakes or ponds located within the commonwealth or any political subdivision thereof; provided, however, that the maximum speed limit for jet-skis, surf jets and wet bikes shall be twelve miles per hour; and provided, further that such maximum speed limit shall not apply in rivers, harbors, lakes or ponds where there is no speed limit so established.(k) Make the provisions of this chapter and rules and regulations made under authority thereof and such other rules and regulations as he may deem in the interest of the public safety applicable to any vessel not otherwise subject to the provisions of this act when operated or maintained on any waters lying wholly within the land boundaries of the commonwealth, except ponds less than ten acres in area and owned by one person.(l) Inquire into the causes of boating accidents and, for such purpose, he may require the attendance of witnesses and the production of books and documents, and may examine witnesses on oath; and such witnesses shall be paid the same fees as in civil actions in the courts.(m) Suspend or revoke and cancel and require the surrender of any certificate of number issued by him if, in his opinion, after a hearing, after due notice, by him or by some person designated by him, the operator is guilty of violating any provision of this chapter or of any rule and regulation made under authority hereof. Pending such hearing and any appeal from a decision hereunder, said certificate of number shall be suspended.(n) Approve or disapprove any ordinance or by-law of any city or town which regulates the operation of such vessels and such activities as are subject to the provisions of this chapter or of any rule or regulations made under authority hereof, on such waters of the commonwealth as lie within such city or town.(o) Prescribe the manner in which and the contents of any reports required to be filed under the provisions of section seventeen.