Massachusetts General Laws

Mass. Gen. Laws ch. 90, § 3A (2026)

Appointment of registrar as attorney as result of acceptance of rights and privileges of Sec. 3 by non-resident

✓ current as of July 2026

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Section 3A. The acceptance by a person who is a resident of any other state or country of the rights and privileges conferred by section three, as evidenced by the operation, by himself or agent, of a motor vehicle or trailer thereunder, or the operation by such a person, by himself or his agent, of a motor vehicle or trailer on a way, or private way if entrance thereto was made from a way, or in any place to which the public has a right of access, in this commonwealth otherwise than under said section, shall be deemed equivalent to an appointment by him of the registrar, or his successor in office, to be his true and lawful attorney upon whom may be served all lawful processes in any action or proceeding against him or his executor or administrator, growing out of any accident or collision in which such person or his agent may be involved while operating a motor vehicle or trailer on such way or in such place, and said acceptance or operation shall be a signification of his agreement that any such process against him, or his executor or administrator, which is so served shall be of the same legal force and validity as if served on him personally. This section shall not authorize the service of process upon any person who has executed a power of attorney under section three D, or upon any foreign corporation which has executed a power of attorney under section three of chapter one hundred and eighty-one.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1960–2024 · leading case: Walsh v. Ogorzalek, 361 N.E.2d 1247 (Mass. 1977).

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Walsh v. Ogorzalek, 361 N.E.2d 1247 (Mass. 1977). · cites it 3× “260, § 9, 1 which provides for the suspension or “tolling” *272 of the statute of limitations for the period during which a defendant resides out of the Commonwealth, is not applicable when a nonresident defendant could be served pursuant to G. L. c. 90, § 3A, 2 and, therefore,…”

Saporita v. Litner, 358 N.E.2d 809 (Mass. 1976). “Demonstrating its disfavor with the rule immunizing foreign personal representatives from suit, the General Court amended G. L. c. 90, § 3A (providing for service of process on the Registrar of Motor Vehicles in an action against a nonresident motorist who is involved in an…”

Cinder Prods. Corp. v. Schena Constr. Co., 492 N.E.2d 744 (Mass. App. Ct. 1986). “G. L. c. 90, § 3A, and c. 223A. See cases collected in Balloon Bouquets, Inc.”

Commonwealth v. Chown, 948 N.E.2d 394 (Mass. 2011). “, provides in pertinent part: “Subject to the provisions of [G. L. c. 90, § 3A (pertaining to the appointment of registrar as attorney for purposes of service of process),] and except as otherwise provided in this section and in [§ 10], a motor vehicle .”

Toczko v. Armentano, 170 N.E.2d 703 (Mass. 1960). “The plea alleged, in part, that service was made by sending him notice by registered mail as provided in G. L. c. 90, §§ 3A and 30, and that these statutes, in so far as they provide for service and jurisdiction over a nonresident executor or administrator, are in violation of §…”

Segal v. Yates, 253 N.E.2d 841 (Mass. 1969). · cites it 3× “Service of process on the defendant was made by serving the Registrar of Motor Vehicles under G. L. c. 90, § 3A (as amended through St.”

Gately v. U-Haul Co., 215 N.E.2d 743 (Mass. 1966). “G. L. c. 90, § 3A (as amended through St.”

White v. Hultgren, 255 N.E.2d 791 (Mass. 1970). “In particular, the issue is whether a petition to vacate judgment in such an action which was properly brought in the first place by service on the registrar can be rightly described as “growing out of any accident” after a default for procedural failure or whether it should be…”

Nunez v. U-Haul Co. of Nevada, 1998 Mass. App. Div. 27 (Mass. Dist. Ct., App. Div. 1998). “See G.L.c. 90, §3A The plaintiffs elected instead to deliver the summons and complaint to an employee of U-Haul Lawrence, a separate, distinct Massachusetts corporation with no proven agency or other relationship with U-Haul Nevada.”

LUZ HARVEY & Another v. ELIAS ASSED (& a Consol. Case). (Mass. App. Ct. 2024). · cites it 2× “Apparently in light of the defendant's filing, while the first motion to dismiss was pending, the plaintiffs effected service of process on the Registry of Motor Vehicles (RMV) on May 13, 2021; the summons stated that service was made pursuant to G. L. c. 90, §§ 3A to 3C.…”

Murray v. Uber Tech., Inc. (D. Mass. 2020). “Application Plaintiff contends that she served Amfo in accordance with Mass. Gen. L. c. 90, § 3A, which provides [t]he acceptance by a person who is a resident of any other state or country of the rights and privileges conferred by section three,1 as evidenced by the operation,…”

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