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Nunez v. A&M Rentals2/14/2005
general rule, applies over the general rule." Doe v. Attorney General (No. 1), 425 Mass. 210, 215 (1997). See 2B Singer, Sutherland Statutory Construction § 51.02, at 187 (6th ed. 2000).
While we are not necessarily persuaded that § 12 and § 32C must be read as conflicting, we think the judge was correct in concluding that § 32C controls the case before us. We look first at the language of the statute in the context of when it was drafted and then consider the practical implications of requiring rental car companies to comply with one or both statutory sections. Section 12 was enacted when the automobile industry was in its infancy and therefore represents a very early attempt at regulation by licensing. See Chipman v. Massachusetts Bay Transp. Authy., 366 Mass. 253, 256 (1974), quoting from Commonwealth v. Welosky, 276 Mass. 398, 401 (1931), cert. denied, 284 U.S. 684 (1932). ("Statutes are to be interpreted, not alone according to their simple, literal or strict verbal meaning, but in connection with their development, their progression through the legislative body, the history of the times prior legislation").
The relevant portion of § 32C, on the other hand, was adopted in 1971, at a time when the Legislature was well aware of the importance of automobiles and the role of the rental car industry in the Commonwealth. Although the license requirement was added as an amendment to the 1934 version of § 32C, there appears to be no relationship between the 1934 version and the 1971 amendment, other than that they both apply to lessors of motor vehicles. Therefore, when originally adopting § 32C in 1934, there was no reason for the Legislature to address any potential conflict with § 12 because none would have existed given the language used. As we read the 1971 license requirement in § 32C, it appears to have been intended to be a new legal requirement governing rental car companies.
The caption of § 32C, as compared with § 12, supports this approach. The title of the 1971 amendment to § 32C was "An act prohibiting auto rental agencies from leasing a motor vehicle or trailer to persons who are not licensed to operate such a motor vehicle or trailer." St. 1971, c. 117. See Botello v. Massachusetts Port Authy., 47 Mass. App. Ct. 788, 790 (1999) ("we look to the caption of [the amendment] . . . for enlightenment as to the act's purpose"). At no point in its history does § 12 mention rental cars in its text or its caption. See Commonwealth v. Russ R., 433 Mass. 515, 520 (2001) ("Legislature is presumed to be aware of existing statutes when it . . . enacts a new one").
The practical effects of requiring rental car companies to comply with both § 32C and § 12 also supports our conclusion that § 12 does not apply. Section 32C's requirement focuses on the point when a lessee must produce a license that proves he is an authorized driver in order to complete the lease transaction. If § 12 were to apply to rental cars in the same way, rental companies would be responsible for monitoring the lessee and being able to demonstrate continuously that the lessee was properly licensed. Without further regulation such a system likely would be sufficiently onerous as to result in limited service. We therefore conclude that A&M fulfilled its duty when Patten showed it a duly issued license pursuant to § 32C. It owed the decedent no further duty under § 12.
3. Duty to Verify a Valid License
The plaintiffs also assert that the defendant had a duty to the decedent to verify the status of Patten's license. In support of this argument, the plaintiffs claim that "a simple technology was commercially available to A&M that would have enabled A&M to verify [t
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