Motor Vehicle Law 2016

The six race codes on citations

"A" for Asian or Pacific islander "B" for Black "H" for Hispanic *"I" for American Indian or Alaskan Native* "M" for Middle Eastern or East Indian "W" for White, an unobserved violator, may leave the race box blank.

License restrictions *(I)* Junior Operator's license:

"Junior Operator" appears on the face of the license, indicating an under 18 motorist. (arrest in presence, if in violation)

License restrictions (H) limited to employment:

"hardship license", valid hours are printed on license.(arrest in presence, if in violation)

Light requirements for MV's(white headlamps):

two working white headlamps required on MV on each side. two of equal candle power with sufficient light ahead to make clearly visible with 115 ft of an object. $40

Age rules for Motorboats

under 12 may not operate unless directly supervised by competent 18 or over. 12 but under 16 may operate if possesses safety certificate, or supervised by competent 18 or older.

Penalties for improper removal or procedures by property owner, tow operator, or tow company owner.

NMT $100 fine, shall release such vehicle to its owner without assessing any charges for removal or storage

Child Safety on Bicycles

NO child under 1, maybe carried on a bicycle. Child between 1 and 4 or weighing 40 lbs. or less, must be in attached baby seat, which holds them upright, has a harness and protects feet and hands or tandem bicycle designed so that the child comfortably reaches handle bars and pedal or trailer attached to the bicycle that is properly secured. Child DOES NOT need helmet if secured in enclosed trailer. CMVI $20

Trespass on School Bus

Non-student or unauthorized person gets on a school bus, constitutes criminal trespass. ROA: warrantless arrest in presence.(no requirement to warn offender before arrest.

Leading or conveying Dangerous wild animal on public way 85 sec 19

Offender leads or drives a bear or other dangerous animal or causes it to travel upon or be conveyed over a public way without having the animal properly secured in some covered vehicle or cage. CRIME w/Fine NMT $20/criminal complaint unless in presence and breach of peace/Police have authority to kill animal.

Must restrain dog in a public highway rest area 140 sec 174B

Owner or keeper must restrain his dog by chain or leash when in an officially designated public highway rest area. ROA: complaint

Junior operator or learner's permit(mandatory license suspension)

Passenger hours; 60 days, 180 days, 1 year = attend attitude course. Speeding; 90 days, 1 year = attitude & road rage course & $500 operating to endanger; 180 days, 1 year sub. off w/in 3 yrs. = attitude & road rage course with $500 drag racing; 1 year 1st, then 3 yrs subsequent = attitude & road rage course with $500 or $1,000

Low speed vehicles(LSV)

*max speed of* 30 mph. Dealers who sell, lease or rent an LSV must provide written disclosure about the regs pertaining to the LSV. All public ways except if speed limit more than 30 mph or limited access highway. LSV may cross public way with a speed limit between 30 and 45, provided it is an intersection with signals or stop sign. No limitations on hours of operation. Title, reg., insurance, and annual inspection. Special LSV plate, and must display "slow triangle" emblem. License and permits apply and subject to arrest as regular MV violations.

Non-residents operating in U.S.

*No grace period* for non-residents once they become resident. must investigate if resident(factors include): registered to vote, paid resident tuition rates, receiving free public school tuition for child, applied and receives public asst., homeowner's liability insurance on property, filed a certificate of residency for governmental job, real estate exemption, any benefits or privileges from the commonwealth.

Antique motor car

*Over 25 yrs old* and maintained solely for use in exhibitions, club activities, parades, and other functions of public interest. Motorcycle may also qualify as an antique motor car.

Seat belts and child restraints

*Under 8* must be secured by child passenger restraint *unless* child is more than *57"(4'9" tall)*. Under 13 must wear seat belt: Child's parent or caregiver are responsible for providing car seat in a taxi. Exceptions for seat belts are school buses, vehicle made before July, 7 1966 with belts, physically unable to use conventional car seat or a child restraint. must be certified in writing by a physician. CMVI $30

REPO requirements from Creditors

*Within 1 hour* of the repo of the vehicle, the creditor must notify the Police of where this repo took place and must describe the vehicle. Repo agent must return the plates to THEIR owner the next day. Tested:2014

Out of State motorist, who is simply *NOT in possession* of his license, or easily accessible, even with valid out of state license.(enforcement options)

*arrest* in presence, complaint, written or verbal warning.

Mandatory license suspensions for MV offenses

*3 speeding* violations within 1 year - 30 days w/$100 fee to reinstate.

Repair Plates:

*Expire annually* on December 31st. repairman must be engaged in repairing, altering, reconditioning, equipping or towing vehicles or trailers for the public and must maintain an established place of business.

Farmer plates:

*Expire annually* on September 30th. Farmers must be engaged in the occupation of farming, cultivation and tillage of soil, dairying, harvesting of any agricultural or forest products, or raising livestock, bees, or fur-bearing animals. Must be used on vehicles owned by farmer, but may NOT be used on any passenger vehicles.

Police Officers role in REPO of vehicles

*Keep the peace*and stand by while repo is taking place. check for court order and only enforce if order indicates too. refuse to allow entry onto debtor's property. If repo agents DO NOT have custody of the vehicle, allow debtors to argue against repo, and repo agents they must leave and get a court order. If the repo agent has custody (on the flatbed), they are given more lattitude to remove over shouts of debtors.

OUI convictions(5 or more) RMV sanctions

*Lifetime revocation of license*. Hardship - NONE and vehicle forfeiture.

Custom vehicle

*Manufactured after 1948,* model year is at least 25 yrs old, altered from the manufacturer's original design or has a body constructed, in whole or in part, from non original materials.

Requirements for MV's tires:

*Minimum* tire tread depth is 2/32" - $40 no fabric breaks or cuts over 1" allowed - $40 no bulges, bumps or knots caused by deterioration allowed - $40 Metal studded tires *prohibited May 1 to Nov. 1*, unless authorized by the registrar or on a duly authorized emergency fire vehicles. $55

Foreign drivers obtaining a license:

*Must* have a valid SSN *or* proper denial letter in order to obtain a Mass. license, a foreign national must be able to present either a valid SSN or proper SS denial letter to RMV. Mass. based on international law accepts any licenses or permits issued by NATO military forces or their civilian personnel. They must present upon request.

Right of Arrest for MOPED or SCOOTER violations

*NO warrantless* arrest permitted for operating without a license on MOPEDS or SCOOTERS. Arrest authorized in presence for operating AFTER SUSPENSION, refusing to stop, leaving the scene personal injury, use without authority. arrest on PC for OUI.

OUI convictions(1st offense) RMV sanctions

1 yr revocation of license. hardship - work/education possible in 3 months, general 6 months. Reinstatement fee $500: alternative disposition: susp. of license NLT 45 days, NMT 90 days. if under 21, susp. for 210 days. Hardship - general possible in 3 days. Reinstatement fee $300

OUI convictions(4th offense) RMV sanctions

10 year revocation of license. Hardship - work/education possible in 5 yrs, general in 8 yrs. Ignition interlock device and *Vehicle forfeiture.*

School Bus operator responsibility

15 or more passengers(16 including the driver) must have at least a Class C driver's license(CDL) with passenger (P) and school bus(S) endorsements. Must also have a School Bus Driver cert. issued by DPU.

Brake requirement on MV's

2 braking system required on all MV's. service brake and parking break. CMVI $40 service break must be capable of stopping MV traveling at 20 mph based on the following criteria: pleasure vehicles 30 ft. and trucks/buses 40 ft. - CMVI $35 parking break must be capable of stopping all vehicles traveling at 20 mph within 80 ft. - CMVI $35

OUI convictions(2nd offense) RMV sanctions

2 yr revocation of license. Hardship - work/education possible in 1 yr., general in 18 months.* Ignition interlock device*. Reinstatement fee $700

Mandatory license suspensions for MV offenses

5 surcharge events; any combo of moving violations and surchargeable accidents that total 5 surchargeable events within 3 years. may or not result in citation issued. = completion of driver re-training program within 90 days or license suspended indefinitely until course completion - $100

Basic speed defined:

50 mph for distance of 1/4 mile on a rural divided highway. 40 mph for a distance of 1/4 mile on a rural highway not divided. 30 mph for a distance of 1/8 mile in a thickly settled or business district. 20 mph in an established school zone 15 mph within 1/10 mile of a vehicle displaying flashing amber lights selling merchandise 40 mph for school bus carrying children except on a limited access highway.

OUI conviction(3rd offense) RMV sanctions

8 year revocation of license. Hardship - work/education possible in 2 yrs, general in 4 yrs. Ignition interlock device. Reinstatement fee $1,200 *Becomes:Felony*

Marine Law Enforcement

90B sec 12 empowers all Environmental Police, State Police, Harbomasters and Assts., and City and Town Police Officers assigned to patrol the waters of the commonwealth. Municipal Officers MUST be assigned to marine patrol in order to enforce this chapter.

REPO of vehicles 255B sec 20A

A creditor MAY NOT repossess a vehicle until he gives the debtor notice in writing with proper legal language, *within 10 days* of default, and delivered to debtor or mailed to last address. DEBTOR may pay amount due within 21 days after notice, if debtor pays and defaults again, creditor must still give notice. 3 or more defaults and NO notice required by creditor.

REPO of vehicles(continued)

A creditor may repossess without a prior court hearing*(Self Help Repo)* and order only if: the debtor failed to make one or more payments or substantially impaired value of the vehicle, and the repo is accomplished WITHOUT using force, breaching the peace, or entering onto property owned or rented by debtor, unless with consent.

Age requirements for snow/rec./OHV(continued)

A person who is 18 or older must not knowingly permit someone, who is under 18, to improperly operate an OHV that is in his custody or control.

OUI Vessel:Seizure

After 3rd Offense

Commercial vehicle safety laws:

Alarm required on dump trucks when the body is raised position. $40 backing up alarm required on vehicles weighing more than 12,000 pounds and delivering gasoline or flammable material. $40 seat belts must be worn, but only in a truck *under* 18,000 lbs. heavier vehicles are exempt. $30 *3 flares* required on vehicles weighing *over* 5,000(flares must be accessible) $50 - suspension of reg. for 15 days. *Owner's name* must be displayed on commercial vehicles. $35, $75, $150

School Buses(student safety/motorist responsibility)

All vehicles must stop for a school bus with flashing red lights. CMVI - 1st off. $255, 2nd within 2 yrs. $1,005(6 month license susp.), 3rd within 4yrs. $2,005(1 yr license susp.). Only EXCEPTIONS: Police Officer signals an operator to proceed and cars approaching from opposite direction on divided highways

Which of the following test has *not* been certified by the Ntional Highway Traffic/Safety Admistration(NHTSA) Horizontal Gaze Nystagmus Alphabet test Walk/Turn One Leg Stand

Alphabet test

OUI(post arrest procedures):

Always advise defendant of sec 5A right to independent examination. must issue a copy of this law or must be conspicuously displayed. must be given a reasonable opportunity to exercise this right. Independent exam *NOT required for OUI drugs*. Notify bail commissioner, and police have no other obligations to the arrestee. Police are authorized to take the arrestee who was released into custody as a PC. Tested:2016

Definition of prior offense for OUI

Any person who has ever been convicted and or assigned to an alcohol treatment program, in any state, is a subsequent offender. Conviction, CWOF, or assignment on the prior offense must occur before the commission of the subsequent offense.

Age requirements for snow/rec./OHV(continued)

Between 14 and 16: no all terrain or recreational utility vehicles with an engine capacity greater than 90 cc.(exceptions: directly supervised by a person 18 or older.) Under 16 can never cross or operate on public way, unless holds a valid driver's license or directly supervised by person over 18.

Motorists responsibilities pertaining to Bicycles

Bikes must be treated just like other vehicles. Fail to yield to oncoming bicyclists when turning left - $40/ fail to yield when turning right $40/ Unsafe overtaking of bicyclists $105/*NEW* Opening door near bicyclists $105/ when approaching a bicyclists must slow, and pass at a safe distance and reasonable speed $105.

Burden of proof for Traffic court hearings

Burden of proof on Commonwealth. *Preponderance of evidence* is civil standard. Citation is sufficient proof alone. Officer who issues citation need not be present at Magistrate's hearing. Finding by Magistrate or Judge is(responsible or not responsible). Officer must be present if it is a Judge's hearing.

License restriction (W) CDL intrastate:

CDL may operate intrastate only with a medical waiver. (arrest in presence, if in violation)

License restrictions (K) CDL intrastate only:

CDL operators under 21 yrs old are restricted to in-state travel.(arrest in presence, if in violation)

Vehicle operator must report striking a dog or cat to the pet owner or the police in the town of occurrence. 272 sec 80H

CMVI $50

Commercial plates(continued)

Car sharing org.; vehicles in a fleet of a car sharing org. (e.g., ZIPCAR) may display private passenger motor vehicle plates and the name, address, telephone number, logo or website address of the org.

Unlawful transportation of alcohol 138 sec22

Caterers: may obtain a 12C license and transport and store alcohol on behalf of its customers. ROA: arrest in presence

Rules for Pedestrians 90 sec 18A

City ordinances and Town by-laws have rights to govern pedestrian conduct. Issue any offending pedestrian a written notice of violation in hand. *warrantless arrest* if the pedestrian refuses to give his name or address upon request, or provides false info.

Registered and Insured MV(special situations):

College obligations: schools must maintain a register of students with out of state insurance and allow police inspections at all reasonable times. schools must issue a decal to each student which "shall be affixed to the uppermost center portion of the windshield" Any school or college which fails to comply or maintain a register or to issue required decals: CMVI $105 for each offense.

Registered and Insured MV(special situations):

College students/student obligation: non resident college or high school student who operates a vehicle reg. in another state or country during any period from Sept. 1st of any year and ending on Aug. 31st of the following year shall file in triplicate with the police dept. where the school or college is located, on an RMV form, a statement signed by them under the penalties of perjury detailing home and school address, and vehicle and insurance info. Insurance must meet minimum Mass. requirements. Police shall send one copy to the registrar and to the school or college.

Mandated inspections by School Bus operator

Driver must conduct a thorough pre-trip inspection and report promptly and in writing to their employer about any defects or deficiencies that may affect safety . Drivers must perform daily post-trip inspections of interior of their buses, including behind and underneath each seat. CMVI $40

MV crash report(filing)

Drivers must file a report within *5 days* if person is killed, person is injured, or property damage or vehicle *exceeds $1,000*. submitt RMV form CRA-23 to police agency having jurisdiction and the RMV. CMVI $40(RMV may susp. license for failure to file report)

Authorized Officer under 90B 20, who can enforce snow/recreational vehicles

Environmental Police, State Police, Municipal Police, and other Officers(e.g, Campus Police) may enforce all laws and regs. relating to snow/rec. vehicle. Officers may arrest on PC all violations of 90B and 323 CMR, terminate unsafe use, and tow of said vehicles.

Transporter Plate:

Expire annually *on June 30th.* person engaged in the business of transporting or delivering vehicles under their own power. must maintain a business office, used by persons who transport vehicles other than their own as part of a business.

Dealer Plates/personal use(continued):

G.L. c. 60A sec. 1: authorization only applies to MV's, not to manufacturers or dealers in boats, boat trailers, recreational vehicles, or recreational trailers. Whenever a dealer owned vehicle is being operated for personal use while displaying a dealer plate, it must properly display all notices and stickers required to be eligible for sale. New vehicles must display the MSRP sticker required by federal law and the yellow "lemon law" sticker required as well. Used vehicle must display the federal "buyers's Guide" sticker and the yellow "used car warranty law" state sticker. Enforcement(540CMR for improper use, also attached plates c90 sec23) suspend one or more dealer plates.

Dealer Plate/personal use:

G.L. c. 60A, sec. 1: allows for the dealer to attach a dealer plate to a vehicle from the business inventory, and then drive the vehicle for personal use. However, using a dealer plate in this manner is explicitly limited to: the MV dealer, the dealer's spouse, a co-owner of the dealership, provided the co-owner holds at least a 40% interest in the dealership, a qualified co-owner's spouse, an employee of the dealer whose duties involve the sale of MV, provided the employee renders at least 20 hours of service weekly.

OUI convictions(2nd offense) Incarcerations and fines.

HC NLT 60 days, NMT 2 1/2yrs. $600, NMT $10,000. Alternative disposition: 2 yrs probation and 14 days in DPH residential treatment with follow up outpatient. if conviction over 10 yrs old 2 yrs prob. and DPH alcohol program. *Ignition Interlocking Device*

OUI convictions(1st offense) Incarcerations and fines.

HC NMT 2 1/2 yrs. and fine NLT $500, NMT $5,000(may also impose community service). Alternative disposition: 2 yr prob. and DPH alcohol program. (age 16 to 21 must do 14 days of residential treatment if BAC. .20 or greater.

Drones:Unmanned Aircraft Systems(UAS) Must:

Have proper *Registration/Markings* if *over*0.55lbs Not endanger persons or property on the ground Give way to and not interfere with manned aircraft Comply with flight restrictions Not be operated in a careless or reckless manner

OUI(blood test protocol)subpoena option

Have prosecutor subpoena hospital record, if blood is being drawn anyway as hospital protocol. ask hospital staff if they are going to do a rapid urine screen, since this is inadmissible at trial.

Sobriety Test:Drugs

Lack of Convergence Modified Romberg Balance Test

Unlawful transportation of alcohol 138 sec22

Licensees who sell alcohol: any licensee or employee may transport and deliver alcoholic beverages, bought or sold by the licensee, anywhere in the commonwealth. Each vehicle must covered by permit from the ABCC. ROA: arrest in presence

Hazmat Issues notification:

Local Fire Department Massachusetts Department of Environmental Protection National Response Center

Motor Boat and other vessels operation

MB's shall not be operated within 150 ft of shoreline which is being used as a swimming area, whether public or private. within 75 ft of the seaward boundary of a public or private swimming beach, if designated markers, floats or otherwise.

Hours of operation for MOPEDS and SCOOTERS

MOPED operation has no limitation/ SCOOTERS cannot operate after sunset or before sunrise.

Registration requirements for MOPEDS and SCOOTERS

MOPEDS must be registered with plates or sticker affixed to it, with distinctive numbers and registered bi annually. SCOOTER(no comparable provisions)

Driver's License :Nato Forces

Massachusetts *accepts ANY license or permit issued to Nato Forces.

MOPEDS defined:

Motorized bicycle that has a cylinder capacity not exceeding 50 cubic centimeters and an auto transmission which cannot attain speed of over 30 mph. CAN HAVE PASSENGERS and TIME Restrictions. *Must be Registered:Biannually* Ticket at 25mph

Police MV citation authority

Municipal, State, Environmental, and MBTA Police clearly covered under 90c, s1, which is citation authority.

Eligibility standards for Disable plate or placards

Must be a Ma. resident, in addition, a *licensed physician, chiropractor, or nurse practitioner* must certify that the applicant meets one of the conditions outlined in 540 cmr 17.03 - cannot walk 200 ft without resting, or cannot walk without assistance of a prosthetic aid or other device or uses portable oxygen. Temporary placards - if duration of the applicant's disability is at least 2 months but less than 24 months, the applicant shall be issued a temporary placard.

OUI sobriety checkpoints:

Must conform to guidelines: NO arbitrary or random stops, public safety must be protected, public inconvenience must be minimal, The Police agency must operate the checkpoint in strict conformity with a written plan devised by supervisory personnel(public is NOT entitled to be informed in advanced of a sobriety checkpoint; a press release is simply recommended, but *NOT required.*(muli agency roadblock is permissible. checking officer refers motorists to a secondary screening area based on reasonable susp.

Motorcycle operator responsibility

Must have a proper license(Class M) or leaner's permit. ROA: arrest in presence for unlicensed. NO passengers with learner's permit(CMVI $40), NO operating after sunset or before sunrise(CMVI $40), Must not pass other vehicle on same lane except for another motorcycle(CMVI $105), Must not ride more than two abreast, and pass only in singly file(CMVI $105)

Pedestrian violations on State Highways or Turnpike

Must use crosswalk within 300 ft and follow all pedestrian signals located at crossing/ when exiting parked vehicle on traffic side, must use sidewalk alongside vehicle and proceed to crosswalk within 300 ft. if intend to cross/ must walk on right side of cross walk/ if no traffic signal must yield to all vehicles/ must use pedestrian tunnel or overpass/ if no sidewalk, must walk facing traffic unless on the right side of divided roadway. All offenses are $1

Penalty for violation of Out of service order:(disqualification)

NLT 90 days for a 1st violation. NLT 1 year for 2nd violation(2 violations arose out of separate incidents during any 10yr period) NLT 3 yrs for 3rd or subsequent violation(separate incidents during any 10 yr period.

Junior operator license(hour restrictions):

NO driving between the hours of 12:30AM and 5:00AM for the length of JOL. *exceptions are*: when accompanied by parent or guardian(no need to be licensed), or JOL is an emancipated minor. ROA: arrest in presence, complaint, written/verbal warning, no CMVI authorized. Primary enforcement only between 1:00AM and 4:00AM. Tested:2016

Disposition of vehicle with Safety rejection sticker:

NO law or regulation expressly permits *or* requires that an officer impound a vehicle being operated with a safety rejection sticker. c90sec20 authorizes a citation and 540 CMR 4.07 states an officer may file an immediate threat complaint. three legitimate options: #1 issue citation or warning, and allow motorist to drive to a repair shop #2 issue citation or warning and tow vehicle -since law recognizes the implicit authority of an officer to impound an unsafe vehicle. #3 issues citation, have vehicle towed, and file immediate threat complaint for reg. suspension

Age requirements/License requirements for snow/rec./OHV vehicles.

NO license or permit required for snow or snow vehicles. NO person* under 14* may operate an all terrain vehicle or rec. utility vehicle, except for organized event(sanctioned race, rally, or event, provided that the juvenile was supervised by a person 18 or older within 21 days of the event or while participating in the event. Person under 10 may only operate an age/size appropriate dirt bike under direct supervision participating in sanctioned event or preparing for event on private property.

Junior operator's license(passenger restrictions):

NO operation with a passenger(s) under 18 *within the 6 months* of receiving JOL. *exceptions* are : any immediate family member, accompanied by a *licensed driver*, at least 21, with 1 year of driving experience, occupying the seat to the right of them, and the JOL is an emancipated minor. ROA:* no arrest permitted* and no complaint permitted. written/verbal warning or CMVI of $40. never allow viol. to continue.

Dangerous and Improper operation of OHV vehicles(continued)

NO person SHALL operate an OHV on the property of another, unless owner, lessee, or immediate family, has documentation authorizing operation, posted permission for operation by owner or lessee, or public property except on designated and marked trails.

Dangerous and Improper operation of OHV vehicles(continued)

NO person SHALL operate on ocean beach or sand dune in a manner that destroys, damages, or breaks down said locations. NO person SHALL operate on wetlands, or within 150 ft. of a residence without owners permission.

Drones:Unmanned Aircraft Systems (UAS) Model Aircraft;

No FDA permission necessary for recreational use(take photos for your personal use) *Flight Restrictions;* Fly strictly for recreational use Weigh NO more than *55lbs* Not fly within *5 miles* of an airport(unless they contact the airport and control tower before flying) Operate in accordance with community safety guidelines. *Flight safety recommendations:* Fly no higher than 400 feet in the air Keep aircraft in sight at all times Do not fly near people or stadiums Do not fly near emergency response efforts Great area for ?? Which of the following is a FDA restriction for the flight of a Model Drone?

Turnpike violations for pedestrians

No individual may engage in the solicitation of a ride, commonly known as "hitchhiking" on a way. No individual may loiter in or about a way for the purpose of "hitchhiking" or for any other purpose. NO solicitation of funds, posting signs or distribution of advertisement, without written permission of the authority.

No hawking or peddling alcoholic beverages 138 sec 32

No license or permit holder may, by himself or through an agent, travel from place to place selling or peddling any alcohol beverages from a vehicle. ALL sales must take place at a licensed place of business. ROA: warrantless arrest in presence.

Safe transport of animals 90 sec 22H

No person shall transport animals, in the back of a MV in a space intended for a load* unless space is enclosed, side and tail racks are 46"* inc. from the floor, animal is crossed tethered, secure in a container or otherwise protected. CMVI $55

Solicitation offenses on roadways.

No solicitation except Newspapers without a permit. No solicitation of anything NON newspaper, by signaling a moving vehicle on any public way or causing it to stop or accosting any occupant of stopped vehicle. Chief of Police of the City or Town may issue a permit to nonprofit org. to solicit on said ways. For State Highways, the Dept. of Highways must issue the permit.

School Buses(student safety/motorists responsibility)

No vehicle may operate less than 100 ft behind a school bus. CMVI $40.

Basic vehicle dimensions:

No vehicle or trailer may* exceed 33 ft in length*.(stretch limos are considered vehicles under this section). $105

Unregistered Motor Vehicle:c90 sec9

Officer have no authority to allow the continued operation of an unregistered vehicle. Officers are *NOT required* by statute or RMV policy to tow an unregistered vehicle. cannot push, operate, draw, tow or allow to remain, or as the owner, allow someone else to do the same, a MV or trailer upon a way with no reg. in effect. 30 day limited once a resident

OUI detection and proof

Officer should stop a vehicle based on a report, even an anonymous one, that a motorist might be driving intoxicated. may stop a person possibly intoxicated before they enter the vehicle. might stop based on belief one might be impaired, on prior observations. poor parking job and drinking from a brown paper bag. Officer outside of his jurisdiction may detain a driver he believes is under the influence pending the arrival of local police.

OUI(court proceedings/testifying)

Officers and/or civilians may offer an *opinion* about a suspects sobriety. proof of alcohol was the intoxicating agent comes from three sources(odor, defendant's admission, or breathlyzer) For drugs, be sure to classify substances under the statute.

Drone:Unmanned Aircraft Systems (UAS) Registration;

Online:weighs more than 0.55lbs/less than 55lbs Mail: Used Commercial purposes Used purposes other than hobby/recreation Greater than 55lbs.(Must use the Aircraft Registry process) Will be operated outside of the USA Registration:Every 3 years Age:13 or older

In a vehicle with an open container 90 sec24I

Open container applies to both driver and passengers(Anyone), even* if* the car is not operated at the time of the infraction. Drivers, passengers, or anyone else who possess an open container of alcohol in the passenger area of any MV on a public way. NO RIGHT OF ARREST, CMVI $505. court susp. mandated for driver underr 18, 180 days. passenger area is where it is readily accessibe to any occupant. except living area of mobile home and buses or the commercial venture, designed to transport persons for compensation

Uninsured operation:

Operate or as the owner allow someone else to operate or allow to remain, a motor vehicle or trailer on pubic or private way without insurance. Enforcement: 1st offense NMT $500, 2nd or subsequent HC NMT 1 year/or fine NLT $500, NMT $5,000. suspension for 60 days. subsequent offense within 6 yrs period - suspension for 1 yr. ROA: *No right of arrest*, citation is compliant.

Failure to stop for Animal being led 90 sec 14

Operator fails to stop when approaching a cow, horse or draft animal that appears to be frightened while being led, ridden or driven by a person signaling a driver to stop. CMVI $40, 2nd off. $80, 3rd or more $155

School Bus operator responsibility

Operator of a school bus SHALL not allow the number of pupils riding in the bus at any one time to *exceed the number of adequate 13* in. seat therein nor shall the operator drive bus until each pupil is seated. EXCEPTION: for 5 day emergency and with adequate straps, handles or other supports are available for standing passengers, not more than 3 standees in any case of an emergency for a period not exceeding 5 consecutive school days. CMVI $505

Railroads and Street Railways(motorists and citizens's responsibility

Operators must stop *NLT than 15 ft. and NMT 50* from closest track. CMVI $205 & community service of 50 hrs./ School Bus and any vehicle carrying explosives or flammable liquids also apply. CMVI $505 and community service of 100 hrs.

Procedures for traffic hearings

Pay assessments: if violator pays, RMV enters a responsible finding and is final disposition/ motorists can request an hearing *within 20 days*/ Only RMV can grant hearing after 20 day deadline/Clerk may grant other hearing continuances for "good reason".

Fare evasion for horse or carriage ride 266 sec 64

Person fails to pay the fare for a horse or carriage ride, or lies about the distance he intends to travel with intent to defraud. ROA: complaint.

OUI(proof of public way)

Phrase public way is limited to places where *motorists have access*. Comm. vs George, baseball field did not qualify as public way because it is not designed for vehicle access. A gated area with restricted access NOT considered public way. Even if vehicle found on private way or off road, this element may still be proven if the vehicle must have traveled over a public way to get there. If public way an issue, consider also charging OUI in a recreational vehicle. any vehicle used on terrain becomes a recreational vehicle.

Police crash investigations 90 sec 29

Police are required to investigate any crash that results in death or injury, and have option to investigate any other accident. NO PENALTY

Police crash reports 90 sec29

Police must file RMV form CRA - 65 within *15 days* if a person is killed, injured, or property damage or vehicle exceeding $1,000. Police are expected to submit upon request an additional report if the accident involves: a truck with 2 or more axles and 6 tires, or hazardous material placard, or a bus with seats for over 15 people. NO PENALTY.

Mandatory license suspension for Non motor vehicle offenses(continued)

Poss. of Class A, B, C w/intent to dist., 2nd or subsequent Class D or E w/intent to dist. = 3 yrs/hardship 18 months. 2nd or subsq. Class A, B, C w/intent to Dist. = 4 yrs/hardship 2 yrs. Trafficking in Class A, B, or D, School zone/park zone violation, Dist. to minor of Class A, B, or C, inducing a minor to dist. = 5 yrs./hardship 30 months.

Hearing procedures for Traffic violations

Public hearing: must be in a room* open to the public*. Lawyers allowed to participate. All witnesses must be sworn. Cross examination permitted. Evidence rules are relaxed. Subpoenas authorized. Motorists are allowed to request " discovery" pertaining to the traffic hearing

Grace period: 7 day transfer rule:

Purchaser of a MV has 7 days to transfer his or her registration and insurance coverage onto a newly acquired vehicle. this *period starts* on the day of transfer(day 1) and lasts *until 5:00pm on the 7th day*. Seller must have properly signed the certificate of origin(new vehicle) or certificate of the title(used vehicle), be at least 18, prior vehicle owned and new one must be the same type, reg. plates must be attached to the newly acquired vehicle or trailer. MUST transfer ownership or lose possession of old vehicle.

Police authority for plate and vehicles

Pursuant to RMV policy, owner cannot obtain a reg. until suspension or revocation is resolved. In case of joint ownership, the vehicle must be transferred to the non-suspended/non-revoked owner. If suspect stopped in own vehicle, tow, take plates and file form. If not suspect's vehicle, tow, file form, but leave plates on vehicle.

Failing an initial test or missing a rolling re-test. (Interlock Ignition Device) ADMN violations

RMV has general authority: Lockout - driver must see vendor *with 48 hrs.* and report to RMV.

Miss monthly service visit (Interlock ignition device(ADMN violations)

RMV has general authority: lockout

Improper operator; TYPE 2 - Incompetent operator complaint

RMV may after a hearing, suspend or revoke license or right to operate for 30 days for incompetent person(mentally or physically incapable of driving, susp/rev. may exceed 30 days. notice must be sent to the motorists at least 14 days in advance informing him or reasons and right to appeal

Improper operator; TYPE 1 - Immediate threat complaint

RMV may suspend or revoke without a hearing an reg. or license, they believe poses threat to public. Registry process; RMV may act based on document and motorist entitled to hearing within 30 days.

RailRoad/Transit staff responsibility

RR train must sound horn *within 1,500 ft* of a highway. CMVI $205

Excluded from being a Motor vehicle

Railway or Trolley, certain construction vehicles not used for transportation of property, not exceeding 12 mph, used exclusively for repair and maintenance of highways, and building repair, wheelchairs, other pedestrian vehicles, mopeds and scooters.

Unlawful transportation of alcohol 138 sec22

Regular citizen may, but only for his own use and his family and guests, transport at any time without a permit a *max of 20 gals. of malt beverage, 3 gals. of alcoholic beverage, or 1 gal. of alcohol*. EXCEPTION: any person, without any license or permit transport from his place of residence to a new place of residence. ROA: arrest in presence

Unlawful transportation of alcohol 138 sec22

Retail wine or beer delivery: a winery or brewer licensed under 138 sec 19B, 19C, or 19F may use a parcel service or trucking business, with an* ABCC permit,* to deliver wine or beer to customers not in excess of 108 liters per shipment. Person receiving shipment must be 21 and have proof. ROA: arrest in presence

OUI convictions(5th or more) Incarcerations and fines

SP NLT 2 1/2 yrs, NMT 5 yrs or HC NLT 2 1/2 yrs. Mandatory 2 yr. and/or fine NLT $2,000, NMT $50,000 *Lifetime Revocation of License*

OUI convictions(4th offense) Incarcerations and fines

SP NLT 2 1/2 yrs, NMT 5 yrs or HC NLT 2 yrs, NMT 2 1/2 yrs. Mandatory 1 yr. and/or fine NLT $1,500, NMT $25, 000 *Vehicle Forfeiture*

OUI convictions(3rd offense) Incarceration and fines

SP NLT 2 1/2 yrs, NMT 5 yrs. or HC NLT 180 days, NMT 2 1/2 yrs. or fine NLT $1,000, NMT $15,000 *Becomes :Felony*

Unlawful transportation of alcohol 138 sec22

Salesman: licensed under 138 sec 19A, may transport samples of up to 24 gals. of alcohol or beverages, provided he possesses a* 19A permit, invoices and delivory records.* ROA: arrest in presence

School Bus operator responsibilty

School Bus carrying children cannot exceed 40 mph unless on limited access highway. Normal speeding fine/ Headlights must be illuminated while children on board. $40/ Failure to stop at RR crossing and open service door. $505/ Bus cannot be occupied during refueling. $40

Seat belt laws

School bus *operator* MUST wear seat belt - $40 CMVI

Police MV citation authority

Sheriff Deputies are authorized to issue citations, but may only arrest for vehicle violations amounting to a breach of the peace. Deputies are not covered under G.L. c. 90 s21

Right of Arrest for pedestrian violations on State Highway or Turnpikes or ways.

Solicitation on a "public way" is not considered a CMVI, so issue a complaint application under 85 sec 17. Hitchhiking/Loitering under 700 CMR 7.05(7) may be arrested without a warrant, for violations on Highway property in view of a ramp or roadway of a way. NO right of arrest for solicitation. confiscate or return material and issue a citation.

Police MV citation authority

Special Police Officers appointed under G.L. c 22c, s59 have citation authority. These Officers employed by the Dept. of Mental Health or Dept. of Developmental Services may issue citations on public ways within their jurisdiction

Police MV citation authority

State University/College Police Officers due have citation authority for boundaries within their campus. Private Campus Police have no civil citation authority, but can enforce criminal M/V offenses on campus or public ways that adjoin or connect campus facilities.

Use without authority a draught animal 266 sec 63

Suspect must willfully, mischievously and without right, take, drive, or ride, a draught animal(e.g., horse) which is the property of another without consent of owner or person in control. ROA: complaint, unless in presence and breach of peace.

Deface or alter a VIN.

TYPE 1 intentional alteration of VIN, remove, deface, alter, obliterate or mutilate(or be the cause of this kind of illegal activity or TYPE 2 attempt, sell, transfer or otherwise dispose of any motor vehicle, trailer or motor vehicle part with knowledge of tampering or TYPE 3 buying, receive, possess or obtain control over a vehicle, trailer or motor vehicle part with knowledge of tampering. ROA: warrantless arrest on PC(type1 and 2 are felonies)

OUI for recreational/snow/OHV vehicles

TYPE 1: 21 or older, OUI or BAC .08 or more(under the influence of same substances as regular MV OUI) TYPE 2: under 21, OUI or BAC .02 or more. ROA: warrantless arrest on PC.

Operating to endanger involving snow/recreational/OHV vehicles

TYPE 1: OTE with no injury, operated negligently or recklessly so potential of lives or safety might be endanger. TYPE 2: OTE with serious injury. same as above TYPE 3: OTE with death. negligent/reckless operation caused death of another. TYPE 1 & 2 - warrantless arrest on PC, TYPE 3 - felony

Altering, forging or possessing fake vehicle documents c90 sec24B

TYPE 1: falsely make, steal, alter, forge, counterfeit, or procure or assist another or possess, utter, or in any way make use of a fake, stolen, altered, forged, or counterfeited document or forge, possess, or use without authority a fascimile of the signature or validating stamp of the registrar prohibited documents: *driver's license, learner permit, Mass. ID card, cert. of reg., inspection sticker, handicap parking disability placard*. TYPE 2; suspect must not impersonate a person named in an app for a driver's license or learner's permit, or possess or use a license or permit obtained through impersonation. TYPE 3: must not make, steal, forge or counterfeit a license, learner's permit, or Mass. ID card with the intent to distribute. ROA: TYPE 1 and 2, felony(no citation) TYPE 3: for 5 or fewer document - *complaint*/for 6 or more document(felony) not citation should be issued

Fraudulent motor vehicle insurance claim 266 sec 111B

TYPE 1; intended to defraud insurance company, presented, prepared, subscribed, or procured or aided in the presentation or prep of any written document. materially false claim info. TYPE 2: licensed vehicle damage appraiser or registered with a vehicle repair shop and inflated charges. ROA: felony

No vehicle inspection or operating after failing safety standards c90 sec20:

TYPE 1; motorist operated an uninspected vehicle or one without an inspection sticker, or one with an expired inspection sticker on a way. TYPE 2; suspected operated or as owner allowed the operation of a motor vehicle upon a way. failed safety standards and operated. Penalty: failure to inspect - CMVI $55/Operating a vehicle that failed safety standards - CMVI $30 540CMR 4.07 - states that a rejection sticker authorizes a MV to be operated for 60 days & MC for 20 days - provided that all safety related defects are corrected before any continued operation. only emissions problems permits continued operations. Note:No Operation allowed.Until safety issued(Red Sticker) is addressed.

License confiscation and destruction:

The RMV grans authority to State and Municipal officers to destroy Mass. licenses that they confiscate for BT test refusals or failures(including an administrative failure by someone under 21). This is the protocol, and officers should not retain the licenses unless they are evidence to another crime or somehow relevant to the OUI prosecution.

Statute of limitations on citations

The statute of limitations is *6 years* from *criminal vehicle offenses*. This commences when citation issued.

Voiding citations.

To void an improperly issued, spoiled, or mutilated citation, the issuing officer endorse said citation with a full explanation for voiding it. Authorized by a Sergeant or above and account for said citation on the audit sheet. return voided citation to the RMV with a department letter head containing citation info, with officer and supervisor signature.`

Foreign driver status:

Tourists: need not have a Mass. license provided he is not authorized to stay longer that 1 year in the Commonwealth. Student Visa: on a student visa need *not* obtain a Mass license so long as he is attending school. Work Visa: foreign visitor with proper work visa *may need* a Mass license.

Bicycle enforcement

Use MV citations to cite bicyclists. If the offender is under 16, give notice to parents or guardian. Bicyclists who are 16 and older should serve the citation at the time and place of violation.* Arrest for* false name or failure to identify for traffic law violations. Prohibited Roadways for bikes: limited access or express highways where bikes are not allowed. Mass Pike viol. $100 and Divided Hways $20

REPO of vehicles(continued)

With a court hearing, a debtor must be notified in writing of a hearing at least 7 days in advance, so he may attend and challenge a repo. if the court finds the debtor in default, it may issue a repo order.

Necessary Bicycle equipment

White light attached to *Front* visible for 500 ft., red light or reflector attached to rear visible for 600 ft when in front of MV's lights. Pedal or ankle reflectors must attached and visible for 600 feet, along with side reflectors. Must be able to brake if traveling 15 mph to a smooth stop within 30 ft on dry, clean, hard level surface and handle bars cannot be above shoulder.

Interrupting a funeral procession(continued)

a funeral procession of NOT more than 10 vehicles shall have the right, except on Sundays and legal holidays, to use any public way to the same extent as other vehicles. Operators shall not drive at a speed greater than 55 mph on a highway or more than 5 mph below the posted speed limit on the other roads. Turn signals must flashing simultaneously as warning lights. Pedestrian and operators of all vehicles shall yield the right of way. right of way at intersections regardless of traffic control devices, except when confronting an emergency vehicle with flashing lights or siren, or directed by police.

License restrictions (F) outside mirror:

a mirror must be mounted outside the vehicle to give the operator a full and unobstructed view. (arrest in presence, if in violation)

Motorized scooter defined:

any 2 wheel tandem or 3 wheeled device that has handle bars, designed to be stood or sat upon by the operator, powered by electric or gas powered motor, capable of propelling the device with or without human propulsion. NO PASSENGERS ALLOWED Includes pocket Ninja bikes.Ticket at 20mph

Abandonment of MV

abandoned without permission a MV on a public way, private way, or land of another, and left standing for more than *72 hours*. ROA: officers should know if their jurisdiction responds criminally or civilly. criminal disposition requires inventory and tow, and submit a complaint. civil disposition shall require a tag to the vehicle containing date, and identifying info on vehicle and info for the owner regarding his vehicle whereabouts. $250 fine, subs. $500. RMV action revocation of license for 3 months and 1 yr for 4th or subs offense.

One way street violation:

according to Trial Court and Merit Board, one way violations may be charged under a municipal by law or ordinance. may set fine up to $50. If violation is on state highway, use 720CMR 9.05, preferred options is using restricted way violation

Nonresidents on active duty/military members and their spouses.

active duty military members and their spouses who are not from Mass. but on assignment here, DO NOT need to get a Mass. license. They simply must have a valid driver's license from their home state. this DOES not apply to their children or other family.

License restrictions (L) vehicle without air brakes:

air brake operation requires special training under CDL. (arrest in presence, if in violation)

Registration and number display for snow/recreational/OHV vehicles.

all OHV vehicles must be registered before they may be operated. They will be designated as either a rec. or snow vehicle. Agricultural, forestry, lumbering or construction vehicles are exempt from the registration fee, but they must display a decal. NUMBER DISPLAY - the reg. number shall be painted on or displayed by decal or sticker, on both sides of the OVH's cowling. The number shall be a min. of 3 inches in height and one-half inch in width.

Amber lights may be used WITHOUT a registry permit for certain activities.

amber lights(orange/yellow). vehicles that may display amber lights are: , auxillary police, charitable organizations, private alarm or security companies, government agencies(DPW, DPI, etc.) motorist who transport human organs or hazardous material, construction equipment and snowplows and others permitted by RMV. NO CMVI, must reqest RMV to order removal, and failure will be $35 CMVI and confiscated light.

Recreation or off-highway vehicle(defined) 90B sec 20

any MV designed or modified for use over unimproved terrain for recreation while not being operated on a public way, including: all terrain vehicles, dirt bikes, utility vehicles and all registered MV's while not being operated on a public way. Vehicles operated exclusively for agricultural, forestry, lumbering or construction purposes are not subject to CH. 90B. (since any vehicle used off a way becomes a recreational vehicle , all OHV's laws apply to MV's driven off of public ways.

Chemical test results(CDL):

any amount: out of service for 24 hours. driver released forthwith. below .04: OSO for 24 hrs. and driver released forthwith. .04 and .05: OSO for 24 hrs and driver released forthwith and CDL susp. for 1 yr, 3 yrs if hazardous material, life if 2nd CDL offense. above .05: OSO for 24 hrs., drive held, CDL susp. for 1 yr, 3 yrs if hazardous material, life if 2nd CDL offense.

7 surcharge events

any combo of moving violations and surchargeable accident that total 7 events within 3 yrs. = 60 days, driver must also complete driver re-training program - $100

Under c90 sec. 10(for international drivers)

any foreign operators are driving without a license if they fail to comply with any of the following conditions. The motorists must be: *at least 18 yrs old,* a resident of a recognized country, in possession of his license or accessible place in the vehicle, complying with his license classification and any other restrictions, operating for 1 year of less from his date of arrival in Mass. International Driver's license is invalid. A driver with an International Drivers license or International Drivers permit, who also has a driver's license from his home country and complying with his visa status is properly licensed.

Class M license:

any motorcycle defined in G.L. c90 sec1

Mobil phone use or texting by public transportation operator:

any operator of a vehicle or vessel used in public transportation, including: train, passenger bus, school bus or other vehicle used to transport pupils, passenger ferry boat, water shuttle or other equipment used in public transport owned by or operated under authority of the MBTA, Woods, Hole, Martha Vineyards Nantucket or MDT. only exceptions are performing official duties in compliance with written guidelines, or responding to an emergency involving disabled vehicle or vessel, need for medical attention, need for police intervention, fire dept., other emergency services.

Failure to exhibit license or reg. upon request 90 sec11

any operator who knowingly causes personal injury or property damage SHALL, upon request - exhibit his license and if required to carry it for the particular vehicle, his reg. CMVI $40

Floatation devices

any person under 12 or any vessel must wear floatation device. fine $100

Class D license:

any single vehicle or combo of vehicles that does not meet the definitions of Class A, B, C, or M.

operating in violation of permit or license restrictions. (e.g., operator not wearing glasses, when there is a restriction B, for corrective lenses.)

arrest in presence, complaint, verbal or written warning. considered unlicensed.

CDL operator violating an OUT OF SERVICE ORDER

arrest in presence, complaint, written or verbal warning(highly disfavored)

operating without proper CDL endorsement. (e.g., operating a tank vehicle without "N" endorsement for operating tanks)

arrest in presence, complaint, written or verbal warning(highly disfavored)

Expired License or permit: c90 sec10 and c90 sec21

arrest in presence, complaint, written or verbal warning. *Military exception*: 60 day grace period following discharge, if motorist's Mass. license expired during active duty. *Must carry expired license and proof of discharge*. RMV may issue temporary replacement license.

Improper license classification

arrest in presence, complaint, written or verbal warning. cannot operate a class A vehicle if only having a class D license.

Interlock ignition device(acknowledgement by household members members)

as a precondition to issuing any ignition device, the RMV requires that *all licensed operators in the offender's household sign* an acknowledgment(under penalty of perjury) that they understand that the offender may not drive without a device and criminal consequences related.

License restrictions (J) other:

at time the RMV will impose other restrictions upon specific operators. too many restriction to put on a license. (arrest in presence, if in violation)

Attaching or concealing a registration plate: c90 sec23

attached, or permitted the attaching of, a particular registration plate to a motor vehicle or trailer assigned to another vehicle. Concealing a plate with intent, by *obscuring or failure to display proper plate*. Citations and summons. immediate *confiscation* of illegally attached plate by police or RMV official. Car sitting in driveway is subject to enforcement.

Use of MV in felony 90 sec24

if any MV is used in the commission of a felony or any larceny, or any offense punishable under G.L. c 266 sec. 22, 113-117, 120 or G.L. c 269 sec. 13 = suspension or revocation time period determined by RMV based on facts of case = $500

Light requirements for MV's(auxiliary lights):

auxiliary lights such as fog lights, can *only* be used when fog, snow, or other atmospheric conditions cause reflection and decreased visibility. $35

OUI on a vessel

basic under influence or BAC .08, causing serious bodily injury. BT rules for vessels are exactly like for MV's, including implied consent. arrest on PC. Forfeiture of vessel following 3rd offense. Boat operators lost their vehicle driver's license. refusal results in suspension of 120 days for 1st, 180 days for 2nd, and 1 yr of more for 3rd off.

Snow plow hitch on MV's:

between *May 15 and Oct. 15* of each year, any vehicle with a gross weight of less than 26,000 lbs must remove the plow and the hitch mechanism(if snow occurs during said time frame, vehicle may re-equipped with plow for only 72 hrs. beyond the conclusion of the snowfall. 1st off. warning, 2nd off. $255, 3rd off. $505 and mandatory revocation of reg.

ROUTE restrictions for MOPEDS and SCOOTERS

both are allowed on all public ways, except limited access or express State highways. ONLY MOPEDS may be operated on bicycle lanes adjacent to various ways, but NO OFF street recreational bike paths. SCOOTERS may not be used on bike paths. CMVI $30

Motorcycle equipment rules

brakes cannot stop the MC from traveling at a speed of 20 mph in a distance of NMT 19 ft. Horn must be audible of 200 ft under normal atmospheric conditions. single white headlight, single left rearview mirror, and red tail light required.

Basic speed regulations:

c85 sec 31: vehicle may not travel upon any public way over 4 mph if it has metal tires and weighs over 4 tons (including any load it is carrying) c90 sec13: a pickup truck may NOT travel for more than a distance of 5 miles or at speed over 5 mph with children under 12 in the truck bed(unless taking part in a parade or farming actvities. c90 sec1B: moped may not be driven over 25 mph. c90 sec1E: motorized scooter may not be driven over 20 mph.

License restrictions (N) except class A and B Bus:

cannot operate a bus requiring a Class A or B license. (arrest in presence, if in violation)

License restrictions (M) except class A Bus:

cannot operate a bus that requires a Class A license. (arrest in presence, if in violation)

License restriction (Z) ignition interlocking device:

cannot operate without properly using and maintaining a certified ignition interlocking device. (arrest in presence, if in violation)

Dangerous and Improper Operation of OHV vehicles

carrying a rifle or shotgun in an OHV or an attached trailer/sled is improper unless it is unloaded and fully encased. Exceptions: L.E. officers or paraplegics. CMVI $1,000/ Harassing or chasing wildlife. CMVI $250/ Damaging growing stock. CMVI $250/ Damaging property(public or private, wetlands, habitats, water supply, and historic sites. CMVI $500

Leaving the scene of a bicycle crash 85 sec11B

causing injury or property damage must immediately stop and make known name and address. CMVI $20 - must notify police and file crash report if collision caused personal injury or property *damage in excess of $100.* CMVI $20

Commercial Plates:

commercial vehicles are defined as any vehicle that: is not a private vehicle, antique, motorcycle, trailer, semi-trailer, taxi, ambulance, hearse, livery, bus, school bus or pupil transport vehicle.

Light requirements for MV's(commercial vehicles):

commercial vehicles carrying a capacity of 3 tons or more, MUST have AMBER LIGHT to extreme left of vehicle and visible for 200 feet. $40

Knowingly permitting an operator with an interlock ignition device restriction to operate a MV owned by suspect or under his control that does not have a functioning device.

complaint

Knowingly breathing into or starting an ignition interlock device for a restricted person

complaint.

Class C license:

designed to transport 16 or more passengers including driver, or is to be placarded for hazardous materials.

OUI(Blood Test)b

document consent. blood drawn by M.D., R.N., C.M.T(not phlebotomist) under direction of police officer. No alcohol swabs, use gray, green, or purple stoppered tubes, 2 tubes 8-10 ml. do not freeze. deliver to public safety lab for test. Blood test must occur within reasonable time,* usually 3 hours.* inform suspect of comparison test right at his own expense.

CDL endorsements (T):

doubles/triples (unlicensed if violated)

License restriction (Y) passenger restriction:

driver is restricted to 14 passengers or less. (arrest in presence, if in violation)

Impeded operation:

driver shall not allow on or in the vehicle or on or about his person, anything which may interfere with or impede the proper operation of the vehicle or any equipment by which the vehicle is operated or controlled. EXAMPLES:* reading newspaper, dog jumped into drivers lap, too many passengers crammed into front seat, windshield largely obscured by dust and dirt*. drive also must not: use CB radio or cell phone without keeping one hand steering wheel, operate with T.V. or screen located forward of the back of driver's seat and in view, headphones if not necessary part of driving the vehicle.

Mandatory license suspension for NON-motor vehicle offenses

drug offenses = 1 year, hardship eligibility 6 months(Poss Class D or E w/intent to dist., sale of Drug Paraphernalia to minors, using false reg. number, uttering a false prescription, larceny of controlled sub. are 2 years, hardship eligibility 1 year. Defacement or tagging of property = 1 year/hardship 6 months alcohol offenses - 180 for 34A/90 days for 34C - no hardship.

State of Emergency Driving Ban

during a state of emergency, the Governor may order a driving ban subject to police enforcement. Ban give Governor wide ranging authority to regulate public and private activities, including transportation or travel, by aircraft, watercraft, vehicle or otherwise. ROA: *may arrest a violator of this executive order as breach of peace.* Tested:2016

Motorist never issued a license in Ma. c90 sec10

enforcement options: arrest in presence, complaint, written or verbal warning(highly disfavored). Military exception: 45 day grace period if Mass. resident returning from active duty., provided he possesses a license to operate in foreign country issued by armed forces.

Basic vehicle dimensions:

exceeding max vehicle *width: over 102"* prohibited and does not apply to tire bulge from vehicle load, mirrors, turn signals, handholds or splash guards. $105

Basic vehicle dimensions:

exceeding max vehicle height: *13'6"* in height, unless valid permit. all vehicles over 10 ft require height markings in at leas 4" increments displayed conspicuously on the vehicle. $105

Crane or Boom extending from MV's:

extending over 15 ft must be followed by another *escort* vehicle. $105

Light requirements for MV's(high beams):

failure to DIM high beams when approaching in opposite directions at night for oncoming vehicles(*within 500 ft* of another vehicle, no light shall rise to a height greater than 42 inches above surface grade, when measured 75 ft or more ahead of the lamps. $35

Light requirements for MV's:

failure to activate headlights when necessary: *half an hour after sunset, half an hour before sunrise,* during any other period when visibility is reduced by atmospheric conditions so as to render dangerous. $40

OUT OF STATE ORDERS(authority)

federally certified commercial vehicle enforcement officer only ones allowed to issue OUT-OF-SERVICE orders. any officer may stop commercial vehicles for appropriate reasons. Federally certified officers may subject commercial vehicles and drivers to regulatory inspections. Exception: any officer is authorized to issue an Out of service order following a CDL drivers arrest for OUI or improper breath or chemical test reading.

Tampering or interfering with an ignition interlock device with the intent to disable. Right of arrest:

felony

Driving on a public way without ignition interlock device when required by law. Right of arrest:

felony(must have a valid license to charge with this), if not charge with unlicensed, same if driving with susp/rev., charge with that offense.

False Distress signal

fine $100

Mandated registry suspensions and courses for JOL violations.

for passenger or hours violations, JOL will license suspended for 60 days for 1st offense, 180 for 2nd, and 1 year for the 3rd or subsequent.

White or any other color(except amber) emergency lights. Rotating, flashing, or oscillating.

general public may *NOT* have these type of lights unless they have a properly issued permit from RMV. must have permit on person or vehicle. flashing or auxillary headlamps(wigwags) are also authorized only for emergency service providers. $305 CMVI. removal order from RMV.

Class A license:

gross combo weight of 26,001 or more pounds, provided the gross vehicle weight rating of the vehicle(s) being towed is in excess of 10,000 pounds.

Commercial plates(continued):

has a vehicle weight of more than 6,000 lbs(unless it is an SUV, passenger van or truck that is private passenger vehicle) or has 5 or more wheels on the ground or is a pickup truck or cargo van owned by a partnership , trust, or corp.(unless it qualifies as a private passenger vehicle) or is a pick up truck or cargo van and used to transport tools, supplies or equipment to or from a job site(unless volunteer operation at job site) or has business advertisements or markings (unless the refer to a charitable or religious org.) or is hire for snow plowing or is used for hire - or is used in the ordinary course of the owner's business - to store or transport goods or merchandise(unless the owner has a max carrying capacity of 1,000 lbs and uses it part -time - nor more than 40% - for this purpose. Enforcement: 540 CMR CMVI $35 and/or immediate threat complaint to the RMV: license/reg. suspension for up to 30 days. NO impounding of vehicle or taking plates.

CDL endorsements (H):

hazardous material(unlicensed if violated)

CDL endorsements* (X):*

hazardous materials and tank vehicles (unlicensed if violated)

Boat/Marine accident reporting

if death, disappearance of person, any injury - report within 48 hrs. If at least $500 damage - report within 5 days. Fine $50

Public way use for recreational, Snow vehicle, and OHV's:

if use on a public way, snow or recreational vehicles are subject to all MV traffic laws - including reg., plates, insurance and OUI. IN emergencies without notice or hearing the registrar may permit operation of THESE vehicles on public ways. The Mayor or Selectman may allow Chief of Police to grant permits to civil defense for public way.

OUI(blood test protocol)Implied consent

implied consent law is invoked at the time of the arrest, and it covers a breath or blood test. If drawing blood is NOT part of the treatment plan, then officers should initiate the implied consent blood test, because a breathalyzer is unavailable. Remember OUI arrest triggers the authority of officers to direct the hospital to draw blood. Hospital must follow procedures outlined in 90 sec24.

OUI(procedures for refusals & chemical tests:

indicate refusal on RMV OUI form, serve refusal form in hand to defendant, *impound vehicle for 12 hrs*(regardless if vehicle is not his) seize Mass. license, but *never seize Out of State license*. no right to consult with attorney for breathe test. Need to be certified operator for breathalyzer. watch at least 15 minute prior to breathalyzer. must be taken within 3 hrs.

Carjacking 265 21A

intent to steal and assaulted, confined, maimed, or put any person in fear for the purpose of stealing the vehicle. ROA: felony. (Does not matter if suspect steals vehicle, *only needs intent to steal*.)

Items extending from MV's:

items extending *over 4 ft* behind a vehicle must have a *red flag* attached during the day and a *red light* attached at night(flag has to be* 12" in square*. $40

Implied consent Law

justifies suspending an operator's license upon his refusal to allow chemical testing or upon failure to pass the test.

Permitted Unlicensed operator: c90 sec.12

knowingly employ or permit a vehicle operator who is not properly licensed, permit an unlicensed or suspended operator to operate an MV owned by the suspect under his control, permit an operator with an interlock restriction license to operate a MV owned or controlled by the suspect. CMVI $1,005 only for 1st offense *Employing* an unlicensed operator. *All other* offenses result in a citation and criminal complaint.

False report of vehicle theft 268 sec 39

knowingly make a false statement on a form concerning a MV theft with a perjury notice and submit to Police or RMV. ROA: 1st offense - complaint/ 2nd - felony arrest on PC. *Must be written*

Using vessel without authority 90B sec. 8(e)

knowingly used vessel without authority(ROA: arrest on PC.)

Improper operator; TYPE 3 - Medical referral

known as Complaint Medical, authorizes a Police Officer or health care provider to request an eval of an operator's ability to drive safely)reasonable cause to believe is the standard. RMV's medical affairs bureau must conduct review no later than 30 days from receipt.

Kayaks or Canoe on water ways

life vest required from 1/1 to 5/15 and 9/15 to 12/31($100)

Motorist who park in handicap spot

local parking ticket issued with fine of NLT $100, NMT $300

Street Rod

manufactured prior to 1949. altered from the manufacturer's original design or has a body constructed from non original materials

Government Plate:

may be issued for the use on motor vehicles and trailers owned or controlled by government agencies if a public safety or other public interest is served.

Powers of Marine Enforcement Officers

may board an inspect any motorboat and conduct inspections, including certificate number and operator ID. any prevention of boarding is arrestable. ALL violations of 90B are subject to warrantless arrest on PC. May issue Marine Citations available from Environmental Police. May terminate voyage and tow unsafe operators. Abandoned boats left for 72 hrs. may be seized and towed. May pass through private waters in course of official business.

Bicycle enforcement(continued)

may impound bike of a person under 18 with supervisor approval, for up to 15 days.

License restriction *(P)* certified instructor:

may not drive unless accompanied by a certified driving instructor(arrest in presence, if in violation)

Improper approach to emergency vehicles

must pull to the right and stop, not continue until emergency vehicle passes, never drive *within 300 ft* of vehicle with lights and sirens. CMVI $105

License restrictions (C) mechanical aid:

mechanical equipment is required in the vehicle, such as hand operated brake for a person incapable of using a foot brake. (arrest in presence if in violation)

Motor Boat crash report 90B sec9

motor boat operator must file report within 5 days if involved in a collision and immediately notify Dept. of Fisheries and Wildlife and Environmental Police if person is killed, injured, or property *damage exceeds $500.* If death results report must be filed in 48 hrs. CMVI $50

Dealer Plate/Professional permitted use(continued):

motorcycle dealers may put an MC dealer plate on a demonstration car, and vehicle dealers may put a regular plate on a demonstration MC. When purchase and sales agreement is signed, buyer may no longer operate with dealer plate.

Lane violations;

motorcycles prohibited from passing a vehicle in the same lane, *except* another motorcycle. Motorcycles may not operate more than two abreast.

Unnecessary idling engine on school grounds 90 sec 16B

motorists or vehicle owner caused, allowed or permitted prolonged idling of a MV engine on school grounds.(on or *within 100 ft.* of the real property comprising a public or private accredited preschool, Head Start facility, elementary, vocational, or secondary school whether or not in session.....including athletic field or facility and any playground used for school purposes or functions which are owned by municipal or school district, regardless of proximity to a school building as well as any parking lot next to above mentioned. 1st off. CMVI $105/ 2nd or subsequent $505. "NO IDLING" signs must be conspicuously posted by schools and bus drivers must be notified.

Citation Service

must give a copy of the citation to the violator at the time and place of infraction. (exceptions): violator could not be stopped, more time needed to ID violator or nature of offense, violation resulted in death, court finds it reasonable to delay.

Racing or trying to break a record

must operate a vehicle on a public way and operate upon a bet or wager, in a race, or to make a record. ROA: arrestable as breach of peace in presence or citation and complaint: 60 days for 1st off. 1 year for off. within 3 years. consider immediate threat complaint as well.

OUI causing serious bodily injury.

must operate a vehicle on public way, while under the influence or BAC .08 and caused serious bodily injury. For felony drove recklessly or negligent. ROA: arrest in presence on PC.

Drag racing

must operate or, as owner permit operation of vehicle, and accelerate at high rate of speed in competition with another driver whether or not race was agreed upon, and resulted in noise from skidding tires and racing engine. ROA: for adult drivers: citation and complaint, but can arrest for breach of peace. for* Junior operators: citations only*.

Removing parking ticket from MV

tampering or removing parking ticket that was affixed to a MV. $50 fine. ROA: complaint, unless a breach of peace.

Motorcycle operator responsibilities

must wear helmets that meet certain guidelines. must wear appropriate eye protection, unless equipped with windshield or screen. EXCEPTION to helmet requirement is if participating in a properly permitted public parade and is 18 yrs old.

Improper/dangerous operation of vessels or watercraft of every description

negligent/reckless operation which lives might be in danger($100), Homicide negligent(arrest on PC), overload w/people or cargo($100), racing or wagering($100)

Fire scene rules

no driving over hose without consent of a firefighter and parking is prohibited *within 800 ft* of a fire or established fire lanes or on or beside a traveled public or private way leading to a fire. CMVI $105, and vehicle maybe towed police or fire officials on scene.

Willful obstruction of emergency vehicles

no person may obstruct or hinder an emergency vehicle exercising its right of way to respond to a fire or emergency.ROA: complaint, unless in presence and breach of peace

Jet Ski, surf jet or wetbike operation 90B sec 9A

no person shall operate unless the person is* 16 yrs or older,* on waters of the commonwealth that are less than 75 acres, within 150 feet of a swimmer, shore or moored vessel, except at headway speed, without wearing an approved personal flotation device or between sunset and sunrise. Fine NMT $50

False or altered Motorboat ID

no person shall possess or sell a titled motorboat without an original title or a legally transferred title. No person shall falsify a motorboat title or sell a titled MB with a falsified title.

Chemical test refusal(21 or older)

no prior OUI: 180 days 1 prior: 3 year suspension. 2 priors: 5 year suspension, 3 or more: lifetime suspension

Chemical test refusal(18 but uner 21)

no prior OUI: 3 yr susp. + 180 days or no days, 1 prior - 3 yr susp + 180 days, 2 priors - 5 yr susp. + 180 dyas, 3 or more - lifetime susp. 180 day susp may be waived upon entry into a DPH program, provided it is youth's 1st OUI.

Proper towing of vehicle from private property

no removal without posted or direct notice. written consent of vehicle owner or police notification required prior to removal. info on where vehicle was towed from, where it will be towed, reg. number, name of person in control of property, and tow company. tow to convenient place. Tow company may charge a percentage if owner arrives while vehicle is being towed for release. Complaint, NO ARREST OR CITATION>

Window tinting onMV's:

nontransparent or sunscreen material, window application, reflective film, or non-reflective film is only permitted: on the front windshield - if it does not extend more than* 6" below the top* of the windshield, on the side windows - if tint has a visible light relfectance exceeding 35% or visible light transmitted of less than 35%, on the rear window - if the tint meets the 35% standard and the vehicle has two outside mirrors.

Unauthorized use or possession of title. c90D sec 32

not having authorization and used or possessed a title or salvage title. ROA: confiscate and secure document/citation&summons(vehicle dealers must keep records for 5 yrs indicating all the vehicles bought, sold, exchanged, or received by them.

Failure to File accident report involving OHV vehicles

notification required if person kill, injured, or property damage in excess of $50. must immediately notify any L.E. Officer and submit report within 48 hrs. to the Environmental Police. CMVI $50

OUI(proof of operation)

observe person driving or witness saw person driving most common proof. also prove by circumstantial evidence without witnessing operation. Insufficient evidence if driver's admission alone and more than one possible operator.

Operating to endanger

one charge per incident: OTE may be added to egregious OUI: suspect operates a vehicle on public way negligently or recklessly so that the lives and safety of public might be in danger. ROA: citation and complaint, but can arrest in presence for breach of the peace. RMV action 1st off. 60 day susp.(JOL) for 180 days. subs. off. within 3 years a 1 year susp.(no need for actual danger or accident, must simply have the potential to cause an accident or endanger. the time or length of operation only has to be brief for offense.

Absolute or Posted speeding 90 sec. 18:

operate a vehicle anywhere(private or public) in violation of established speed. A driver of a trailer, semitrailer or tandem, which is operating under a permit issued under c85 sec 30 or 30A and exceeds the weight limits mandated shall receive the following penalty: $105, 2nd off. $155, 3rd off. $305

Motor vehicle homicide:

operate a vehicle on public way and operated while registering a BAC of .08 or under influence of intoxicating liquor, marijuana, narcotics, depressants, stimulant subs. or vapors of glue or recklessly or negligently to endanger lives of public and cause death to another. becomes felony if operating under the influence and operated either recklessly or negligently.

Basic speeding 90 sec17:

operate a vehicle upon a way, with speed greater than reasonable. Fines for basic or absolute are minimum of $105; $50 up to 10 mph over limit, plus $50 head injury fund and $5 police training surcharge($10 for each additional mph) double fine in construction zone.

Reg. in possession and failure to display after accident: c90 sec.11

operating on a way, and not having Mass. license or reg. in possession or accessible place after being stopped by L.E. or failure to display following an accident.(for accident, must exhibit upon request of person injured or person owning or in charge of the property damaged. CMVI $40, 2nd offense $80, 3rd $155. RMV action NONE.

Failure to Stop or obey a Police Officer

operating or in charge of a MV, failed to stop for uniformed officer or one with badge conspicuously displayed on outside of clothing and failed to stop or obey, or refused name and address or give the owners name and address upon request. also false name and address, refused to give license, registration and refused license, reg, plates to Officer of RMV or in court. ROA: warrantless arrest in presence(must allow you to exam license or registration.

CDL endorsements *(N):*

tank vehicles. (unlicensed if violated)

Limited use vehicles(LUV)

operating speed between 30 and 40 mph. All public ways except if speed limit more than 40 mph or limited access highway. May cross public way with a speed limit between 40 and 55 mph, provided signals and stop signs are at the intersection and crossing into another street with max speed of 30 mph. NO limitations on hours of operation. Title, reg,, insurance, and annual inspections. Special LUV plate. License and permit required as regular MV's and arrest as well.

Operating after suspension/revocation of license or reg. 90 sec23

operation upon anyway with suspended or revoked license or reg. The suspect must have been sent written notice or otherwise aware. Susp/rev. license citation and warrantless arrest in presence if committed on public way, otherwise citation. Susp./rev. registration, citation as complaint.

License restrictions (E) automatic transmission:

operator can only operate vehicles equipped with automatic transmission(arrest in presence, if in violation)

License restrictions (G) limited daylight only:

operator cannot operate during hours of darkness(night blindness). (arrest in presence, if in violation.

Leaving the scene of a recreational/snow vehicle crash 90 sec26B

operator in collision causing injury or property damage *over $500* must immediately *stop* and make known name, address, and reg. #. CRIME. Must notify Police and file a *crash report* if a person is killed, injured, or property damage* exceeds $50,* and must submit a written report within 48 hrs. to the Dept. of Fisheries & Wildlife, and Environmental Police. CMVI $50

Penalty for violation of Out of service order(continued):

operator transporting hazardous material required to placarded or driving a vehicle designed to transport more than 15 passengers, including driver: NLT 180 days for 1st viol., NLT 3 yrs for 2nd or subsequent violation(provided violation arose out of separate incidents during any 10 year period.

Leaving the scene of a MV crash 90 sec 24a

operator who crashes and causes death, injury, or property damage, must immediately stop and make known his name, address, and reg. number. ROA: for property damage-citation & complaint only/ for personal injury - in presence only(strictly enforce in presence arrest, UNLESS offender is stopped shorty after the accident when flight begins/ for DEATH = citation & felony arrest on PC.

MOPED and SCOOTER rules

operators must have a permit or license to operate BOTH on a public way. Operator under 18, a delinquency complaint in the Juvenile Court. Tow and issue citation if need be.

Railroads and Street Railways(motorists and citizen's responsibility)

operators must slow and not pass within 8 ft. of a street railway stopped to allow passengers to exit or board, unless directed by an Officer or protected by a safety zone. CMVI $40, 2nd off. $80, 3rd or subs. $155

Chemical test refusal(CDL)

out of service order for 24 hours, CDL suspended for 1 year, 3 yrs if hazardous material, life if 2nd CDL offense.

CDL endorsements (P):

passenger transport (unlicensed if violated)

Pedestrians and emergency vehicles

pedestrians must yield to emergency vehicles, whether or not crossing signal is activated. $1 fine. CMR if on highway 720

Interrupting a funeral procession:

person may not willfully interrupt a funeral assembly or procession by fast driving or otherwise in any way. Complaint, unless in presence. DO NOT issue a citation, criminal case in District court.

Leaving the scene involving snow/recreational/OHV vehicles

person operated an OHV and collided, causing either damage to property or another OHV in excess of $500 or bodily injury to another without stopping and making known name, address, or OHV reg. #. ROA: warrantless arrest on PC.

Leaving the scene(water ways)

personal injury($100), Property damage($100), must provide name, address, and vessel ID #($100)

Registration plate/proper display:c90 sec6

plates must be clean and unobstructed(this statute only requires the *number on plate be visible.* Does NOT apply to other wording on the plate, like "Spirit of America". CMVI $40

License restrictions (B) corrective lenses:

prescription corrective glasses or contact lenses must be worn. (considered unlicensed if not adhered to) arrest in presence

Allowing vehicle engine to idle over 5 minutes:

prevents occupants of stationary vehicles from suffering carbon monoxide poisoning and protect the environment. exceptions are: vehicles under repair(if operation of engine is necessary for the repair activity, delivery vehicles(for which engine assisted power is necessary, vehicles engaged in an operation requiring that the engine operate to provide necessary auxiliary power.

Dealer Plate/Permitted professional use: 540CMR 18.00:

professional use of dealer plate: may use plate to operate or tow vehicles or trailer which is owned by the dealer and operated principally for demonstration or sale purposes. remove snow from their business using a dealer owned vehicle. transport vehicles the dealer buys or sells to or from auctions. transport vehicles to or from other dealer's lots. deliver vehicles to buyers. loan a vehicle or trailer to a customer for sale or demonstration purposes for a max of 5 straight days.

License restriction (S) blood sugar:

proof of current blood sugar level. (arrest in presence, if in violation)

License restrictions (D) prosthetic aid:

prosthesis required for operation, must be properly worn by operator. (arrest in presence if in violation)

Light requirements for MV's(*Spotlights*):

rays from the spotlight may shine no more than 2 ft above the road at a distance of 30 ft from the vehicle. such a light may be used for all purposes. Proper use for any spotlight: reading signs and as an auxiliary light in cases of necessity when other lights required by law fail. $55

Registration plate/proper display: c90 sec6

rear plate must have a white light and be visible for at least 60 feet at night. CMVI $40

Specially constructed vehicle

reconstructed or assembled by non manufacturer from new or used parts. exterior of which does not replicate or resemble any other manufactured vehicle.

Emergency vehicle lights

red or blue emergency lights - rotating, flashing, or oscillating, only for authorized emergency vehicles. BLUE LIGHTS authorized by Law enforcement or related personnel with permit form Police Chief. RED LIGHTS authorized by Fire apparatus, ambulances, and school buses or other emergency service vehicles with permit from Fire Chief. CMVI $305, with RMV action. confiscate and notify registry, will take permit if used illegally.

Handicap plates and placards

registered owners of MV may apply for disabled reg. number plate or disable placard which are special permits, issued on temporary or permanent basis and placed in the front window of vehicle. entitled to one or the other, but *Not both*. Disabled veteran plates are issued to veterans with a disability 80% connected to military service. motorist can cover picture in order to preserve ID. Police may demand to see placard.

Safety glass on MV's:

required on all vehicles manufactured *after 1936*. $40

Mud flaps on MV's:

required on two types of vehicles: commercial vehicles and passenger cars with extended tires. $40

License restriction (R) bioptic lens:

requires bioptic telescopic lens. (arrest in presence, if in violation)

Penalty or misuse of Disabled plates and placards

restricted to only the person whom it was issued to. may suspend or revoke the placard or plate if holder willingly or without coercion allowed its use by another. Person shall surrender immediately to RMV. 1st offense is 60 day suspension. subsequent offense is grounds for disqualification, but may still obtain regular reg. plate. wrongful display or uses: 1st offense $505, license susp. for 30 days. 2nd $1005 lic. susp. 90 days, 3rd offense $1005, lic. susp. for 1 year

OUI(blood test protocol)search warrant option.

safest course of action is to seize blood and have independently assessed by state lab(done with search warrant). If hospital plans to draw blood as part of their medical treatment, officers should provide a verbal *or* written "preservation notice" - which instructs the hospital staff to secure the blood pending the issuance of a search warrant.

Class B license:

single vehicle with GVWR of 26,001 or more pounds, or any such vehicle towing a vehicle not in excess of 10,000 GVWR

Non resident exemptions for license to operate in Mass.

students from other states are not considered residents even though the live in Mass. on campus from September(Labor day) to June. while they attend school they may legally drive on their out of state license.

Failure to report name or address change:c90 sec26A

suspect holding a Mass. license, reg., or permit, failed to notify RMV *within 30 days* in writing if any change in name, residential or mailing address. CMVI $40; may revoke or suspend all for violations.

Concealing leased or rented property 266 sec. 87

suspect leased or rented property and intended to place property or part of it beyond the owner's control by concealing or aiding in concealing the property, *failing to return 10 days* after expiration of the lease or rental agreement or selling, conveying or pledging the property without consent. ROA: complaint, unless breach of peace.

Procuring clients/patients for insurance fraud 266 sec 111C

suspect may not knowingly act as a runner or use, solicit, direct, hire or employ another to act as a runner, for the purpose of defrauding an insured or insurance carrier. ROA: felony

Larceny of a MV 266 sec 28

suspect must commit at least one of the following acts: steal a vehicle to permanently deprive/ buy, receive, possess, or conceal knowingly or have reason to know it was stolen/ take vehicle w/out permission and steal any parts or accessories/ maliciously injure or destroy the MV/ conceal thief. ROA: felony

Stealing a registration plate: c266 sec 139

suspect must take and carry away *another's* plate. ROA: authorizes warrantless arrest on P.C.

Unlawful disposal of trash 270 sec 16

suspect threw, placed, deposited, or discharged or caused to happen any trash, garbage, debris, scrap, waste, or other material on or within 20 yds. of a public highway, public land, or in or upon coastal or inland water or property of another. ROA: warrentless arrest IF suspect refuses to give his name and address upon request, or provide false info. Harbor Masters and Assistance, along with Park Rangers can enforce. *ANYWHERE* *Vehicle Seizure.Observation of 7 Cubic Feet.*

Use of MV without authority 90 sec 24

suspect used a MV without authority. ROA: 1st offense - citation(arrest only if presence)/ 2nd or subsequent - citation & felony. (Use means more than operation; if a passenger and the MV is moving, in violation along with other passengers* if they have knowledge* of the use without authority.

Child endangerment while OUI

suspected violated any OUI offense, while operating with a child under 14 in the vehicle: ROA: already eligible for OUI arrest.

civil alternative to abandonment of MV

tag and notify parking clerk, who sends notice to registered owner of rights to hearing or pay assess. If parking clerk deemsVehicle NOT worth cost of storage, removal, shall direct carrier to take possession of vehicle and dispose as refuse.

Chemical test results(under 18)

test reading of .02, .03, .04, .05: administrative 1 year license suspension and license seized. Driver release forthwith. 1 year suspension may reduce to 180 days upon entry into DPH program, provided first offense. .06 and .07: no permissible inference. driver held and license seized, same administrative consequences as above. .08 or above: permissible OUI inference. 30 day susp. plus 1 yr admin.

Chemical test result(18 but under 21)

test reading of .02, .03, .04, .05: admn. 180 day susp. license seized, driver released forthwith. 180 days may be waived upon entry to DPH program if first offense. .06 and .07: no permissible inference. driver held and license seized. samd admn. consequences as above. .08 and above: permissible inference of OUI. driver held and license seized. 30 days susp. plus admn. 180 days, may be waived upon entry of DPH program if first offense.

Chemical test result(21 or older)

test reading of .05 or below: No permissible inference of OUI. release forthwith and DO NOT seize license. .06 and .07 no permissible inference of OUI, driver held and license NOT SEIZED. .08 or above: permissible inference of OUI. driver held and license seized. 30 day susp. or until the conclusion of the case, whichever is shorter.

Refusal to sign citation:

this applies to to an investigative purpose, NOT to acknowledge citation service under 90c.

Use of mobile phone or electronic device by operator who is under 18.

this law applies *even* if the vehicle is stopped in traffic, only defense is to park car.

Window tinting on MV's(exemptions):

this law applies to Mass. vehicles only: exempt are Police k-9 vehicles, vehicles with operators with a medical need for tinted windows(registrar shall issue a *noticeable sticker* to the applicant which shall be *affixed to the side window immediately adjacent to the operator*, vehicles meet federal standards, public liveries such as limos(no taxis), draperies, louvers, and other window covers only for the rear windows, vehicle needs two outside mirrors. $255

Foreign driver status(continued):

those who have extended work visas or who remain in Mass. longer than 1 yr must obtain a valid Mass. driver's license. Resident Alien(AKA green card): a resident alien residing in Mass. must have a Mass. license.

Requirements for MV's tires:

tire on passenger vehicle cannot extend beyond the outer portion of the fender or side body panel(exception: 4wd or off road vehicle with a GVWR of 10,000 lbs or less. $105

chemical test refusal(under 18)

under 18: no prior OUI- 3 yr susp. + 1 yr or 180 days, 1 prior - 3 yr susp. + 1 yr, 2 priors - 5 yr susp. + 1 yr, 3 or more - lifetime susp. (90 sec24 reuires in addition to the period of susp. mandated above, the youthful offender receive additional 1 yr susp.

Minor possessing or transporting alcohol 138 sec 34c

under 21 and unoccupied by parent or legal guardian, knowingly possessed, transported, or carried on his person any alcoholic beverage. ROA: warrantless arrest under SEEKMIST. Excempt are employees 18 to 21, who carry or transport alcohol during course of employment. *Juv.14,15,16,17 arrested:Can be cuffed to object,held for up to 6 hours secured detention*

Auxillary Police

under sec. 11, the mayor and city council or town selectman may appoint auxillary police. they must wear a shoulder patch with the words Auxillary Police not less than 1 inch in height. may have same powers as police if authorized by appointing authority

Approaching stationary emergency maintenance or recovery vehicle with flashing lights. (this includes fire, EMS, police, tow trucks, Mass highway, etc.)

when approaching always use caution, and switch into a non adjacent lane if practical on highway having at least 4 lanes, with 2 lanes proceeding in the same direction as the operators vehicle.

Refusing to stop or obey Police 90B sec 38

when signaled or requested to do so by an officer, operator may not refuse or neglect to stop the vessel, give name and address, give name or address of owner, give true name or address, produce the certificate of numnber(registration), allow officer to take the certificate in hand, sign his or her name, deliver the certificate of number of such vessel without reasonable excuse. ROA: arrest on PC.

Interference with School Bus Operation

willfully or recklessly disable or incapacitate the driver of a school bus or other common carrier of passengers with intent to endanger any person on board or boarding. ROA: *felony*

Windshields, Glass, & Mirrors on MV's:

windshield cannot have any broken glass with sharp or jagged edges inside or out. $35 Within the* critical viewing area*, the following is prohibited: stone bruise, star break or bull's eye over a 1" diameter, single line crack over 3", wiper scrape over 20% wide or multiple cracks with at least one extending into critical viewing area. $35 - outside the critical viewing area over 2" diameter.

Habitual traffic offender c90 sec. 22F

within 5 yrs, total of 3 major violations: OUI, op to endanger, false statement on RMV app, leaving the scene, op without a license or using MV in felony or 12 or more offenses including those listed above, for which the RMV is authorized to suspend license for 30 days or more. out of state convictions count = 4 years, after 1 year may apply must complete training program - $500

MV tresspass

without permission entered the land of* another* with a vehicle, machine or device that that combustion engine or other source of mechanical power. CMVI $250 then inventory and tow. This applies to all private land, whether or not the land is posted.

Judicial process for citations

written warnings need no action by violator, Violator must within* 20 days* pay or request a hearing for CMVI before a Magistrate. Violator found responsible by "preponderance of evidence" by a Clerk. Criminal Citations: may request a show cause hearing within 4 days before a Magistrate or Clerk. If not handle at Clerk's hearing, then Judge NOT jury decides if responsible.