| Home Page | Letter of Complaint |
| Subject: | Motor Vehicle Sales Without a License |
| To: | Board of Selectmen |
| From: | Charles Dirring |
| Date: | August 20, 1997 |
| Location: | Town of Billerica, Massachusetts |
86 Alexander Road
Billerica Massachusetts 01821
August 20, 1997
Billerica Board of Selectmen
365 Boston Road
Billerica, Massachusetts 01821
Dear Mr. Chairman:
As you know, Engineering Lift Truck Service is in the business of buying
and selling trucks. I assume that the Board of Selectmen has granted the
appropriate licenses under Massachusetts General Laws, Chapter 140,
Section 57 through 59 (see below) to the premises. Would you please send
me a copy of any license of record that the Board of Selectmen may have
granted. If no licenses has been granted, please consider this letter a
formal complaint that the premises is operating without a license and
provide me with copies of all related documents with actions that the
Board of Selectmen and the Billerica Police Department has taken or will
take regarding operating without a license.
Section 57. Necessity; exceptions; auctions; reports
No person, except one whose principal business is the manufacturing and
sale of new motor vehicles but who incidentally acquires and sells second
hand motor vehicles, or a person whose principal business is financing the
purchase of or insuring motor vehicles but who incidentally acquires and
sells second-hand vehicles, shall engage in the business of buying,
selling, exchanging or assembling second-hand motor vehicles or parts
thereof or allow any property under his control to be used as a place of
sale or display of motor vehicles without securing a license as provided
in section fifty-nine (59). This section shall apply to any person engaged
in the business of conducting auctions for the sale of motor vehicles, and
to any person engaged in the business of leasing or renting motor vehicles
and who, as an incident to such business, sells or offers to sell any such
lease or rental vehicle to the public. All sales of second-hand motor
vehicles or parts thereof made by any person referred to in this section
shall be reported weekly to the registrar of motor vehicles on such forms
as may be prescribed by him.
Section 58. Classes
Licenses granted under the following section shall be classified as
follows:
Class 1. (new motor vehicles)
Class 2. Any person whose principal business is the buying or selling
of second hand motor vehicles may be granted a used car license.
Class 3. Any person whose principal business is the buying of second
hand motor vehicles for the purpose of remodeling, taking apart
or rebuilding the same, or the buying or selling of parts of
second hand motor vehicles or tires, or the assembling of second
hand motor vehicle parts may be granted a motor vehicle junk
license.
Section 59. Licensing authorities; expiration; fees; application;
prerequisites; premises; ordinance regulations; revocation; notice
The police commissioner in Boston and the licensing authorities in other
cities and towns may grant licenses under this section which shall expire
on January first following the date of issue unless sooner revoked. The
fees for the licenses shall be fixed by the licensing board or officer,
but in no event shall any such fee be greater than one hundred dollars.
Application for license shall be made in such form as shall be approved
by the registrar of motor vehicles, in sections fifty-nine (59) to
sixty-six (66), inclusive, called the registrar, and if the applicant has
not held a license in the year prior to such application, such application
shall be made in duplicate, which duplicate shall be filed with the
registrar. No such license shall be granted unless the licensing board
or officer is satisfied from an investigation of the facts stated in the
application and any other information which they may require of the
applicant, that he is a proper person to engage in the business specified
in section fifty-eight (58) in the classifications for which he has
applied, that said business is or will be his principal business, and
that he has available a place of business suitable for the purpose. The
license shall specify all the premises to be occupied by the licensee for
the purpose of carrying on the licensed business. Permits for a change of
situation of the licensed premises or for additions thereto may be granted
at any time by the licensing board or officer in writing, a copy of which
shall be attached to the license. Cities and towns by ordinance or by-law
may regulate the situation of the premises of licensees within class 3 as
defined in section fifty-eight (58), and all licenses and permits issued
hereunder to persons within said class 3 shall be subject to the
provisions of ordinances and by-laws which are hereby authorized to be
made. No original license or permit shall be issued hereunder to a person
within said class 3 until after a hearing, of which seven days notice
shall have been given to the owners of property abutting on the premises
where such license or permit is proposed to be exercised. Except in the
city of Boston, the licensing board or officer may, in its discretion,
waive the annual hearing for renewal of a class 3 license. All licenses
granted under this section shall be revoked by the licensing board or
officer if it appears, after hearing, that the licensee is not complying
with sections fifty-seven (57) to sixty (69), inclusive, or the rules and
regulations made thereunder; and no new license shall be granted to such
person thereafter, nor to any person for use on the same premises, without
the approval of the registrar. The hearing may be dispensed with if the
registrar notifies the licensing board or officer that the licensee is
not so complying. In each case where such license is revoked, the
licensing board or officer shall forthwith notify the registrar of such
revocation. Any person aggrieved by any action of the licensing board or
officer refusing to grant, or revoking a license for any cause may, within
ten (10) days after such action, appeal therefrom to any justice of the
superior court in the county in which the premises sought to be occupied
under the license or permit applied for are located. The justice shall,
after such notice to have have jurisdiction in equity to review all
questions of fact or law and may affirm or reverse the decision of the
board or officer and may make any appropriate decree. The decision of
the justice shall be final.
I may be reached at (508) [deleted for privacy] with any questions that
you may have. I would appreciate a reply by August 29, 1997.
Charles Dirring
| Home Page | Response to Letter of Complaint |
| Subject: | Motor Vehicle Sales Without a License |
| To: | Charles Dirring |
| From: | Board of Selectmen |
| Date: | No Response Provided |
| Location: | Town of Billerica, Massachusetts |
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