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MPTC MOTOR VEHICLE LAW ACTUAL EXAM 2 025/
QUESTIONS WITH ANSWERS GRADED A+
✔✔Right of Access - ✔✔All "non-ways" where the general public has a right of access and upon which regularly drives motor vehicles. Examples would be:
- parking lots
- areas adjacent to government buildings
- public parks. ✔✔Invitee or licensee - ✔✔Public access by request, invitation, or implicit permission from a business establishment or owner ✔✔4 Types of Citations (Uniform Citation) - ✔✔Written warning CMVI Criminal Arrest ✔✔The statute of limitations for most criminal motor vehicle offenses is - ✔✔six years ✔✔Officers should deliver the violator their citation copy ______ at the time of the offense for charges supported by probable cause. Failing to provide a violator citation copy is a valid defense in future court proceedings and may result in the dismissal of charges. - ✔✔immediately ✔✔There are three authorized delivery methods - ✔✔In-hand to violator (best practice) In-hand to violator's agent Mail to the violator ✔✔In-hand to violator (best practice) - ✔✔In-hand is not literal but the most effective and definitive means of service. More than 1 hour after the offense was committed, officers went to the hospital, where the violator received treatment. Officers left a citation copy inside the violator's clothes on his emergency room gurney (lower shelf). This satisfied the in-hand delivery requirement. Commonwealth vs. Russo, 30 Mass. App. Ct. 923 (1991) ✔✔In-hand to violator's agent - ✔✔In Commonwealth v. Perry, 15 Mass. App. Ct. 281 (1999), the officer went to the hospital to deliver the citation in hand to the defendant. The nurse stopped the officer because of the defendant's condition. The officer spoke to the father and asked if he could see the defendant. The father said he did not want the officer to see his daughter because of her agitated condition. The officer handed the citation to the father. The court found that delivery to the defendant when it was ready would have been "inhumane and unreasonable because of her physical or
psychological condition." Id. At 283. Under these unusual circumstances, the court found no violation of MGL c 90C sec 2. ✔✔Mail to the violator - ✔✔The best practice is to deliver the violator their citation copy immediately. Officers may temporarily delay the delivery of the citation copy to the violator under the following specific circumstances. • Violator cannot be stopped; • Violation resulted in death; • Additional time was needed to determine the nature of the violation. Commonwealth vs. Pappas, 384 Mass 428 (1981) o In Pappas, A 4.5-hour delay between the time of the crash and citation delivery was reasonable because officers needed to clear the scene, investigate the cause of the accident, and determine the nature of the violations. • Additional time was needed to identify the violator positively. Commonwealth v. Barbuto, 22 Mass. App. Ct. 941 (1986) o In Barbuto, a 174 - day delay in the issuance of the citation involving charges of driving to endanger and leaving the scene of an accident after causing personal injury was reasonable because additional time was needed to determine the identity of the operator. • Circumstances deemed reasonable by the court. Commonwealth v. O'Leary, 480 Mass. 67 (2018) o In O'Leary, a single car rollover, driver and passenger were sent to the hospital. Officer conducted interviews at the hospital and informed the defendant he would receive a summons in the mail for OUI, marked lanes violation, and operating with a revoked license. Under the department's procedure, the report was submitted for supervisor approval. The report was approved nine days later, and a citation was issued. The complaint was dismissed for a violation of 90C § 2. The citation should have been issued and delivered either on the scene or at the hospital because the investigation was over by the time the officer left ✔✔Falsifying a Citation - ✔✔It is unlawful to knowingly falsify, dispose or destroy a citation copy. ✔✔5 operator classifications in Massachusetts - ✔✔1. Class A
- Class B
- Class C
- Class D (most common classification). • Any vehicle not meeting the Class A, B, C, or M definitions.
- Class M (motorcycle) ✔✔How old to operate a motor vehicle in MA - ✔✔16 years of age ✔✔The most common license restriction codes encountered by uniform patrol officers. - ✔✔ ✔✔Learner's Permit - ✔✔Allows persons at least 16 years old to drive a motor vehicle when accompanied by a passenger:
- 21 years of age or older;
- With a valid operator's license;
- At least one year of driving experience; and
✔✔Passengers - ✔✔Motor vehicle passengers cannot be arrested under 90 §25. No civil or criminal action can be taken against a passenger who refuses to provide identification upon request. Officers are not authorized to require a passenger to provide identification unless the passenger:
- Has violated a law (e.g., seatbelt, alcoholic beverages)
- Poses a safety risk as determined by the officer's specific and articulable facts
- Is a necessary element of violation (e.g., sitting next to a Jr. operator) Note: Police may ask for identification from anyone for legitimate law enforcement or public safety purpose.
- For example, if you are removing the operator from the driver's seat and the owner/operator wants the passenger to take possession of the car, you can ask for identification to check their license status. If the passenger refuses to provide identification, then the vehicle will not be turned over to them. ✔✔Operation Without License; 90 § 10 - ✔✔It is unlawful to operate a motor vehicle on a public way without a valid operator's license. Operating without a license includes the following violations:
- Never issued
- Expired license or permit
- Improper classification
- In violation of license or permit restrictions
- Jr. operator driving between 12:30 a.m. and 5:00 a.m.
- Learner's permit operator driving between 12:00 a.m. and 5:00 a.m.
- CDL operator without proper endorsement ✔✔Military Personnel - ✔✔Spouses of military personnel accompanying their spouses on assignment to Massachusetts may operate in Massachusetts if they possess a valid license in another state. Active-duty military personnel may operate in Massachusetts if they possess a valid license to operate issued by the state where they are domiciled. Upon returning to Massachusetts after an honorable discharge from active duty, military personnel has 60 days to renew an expired Massachusetts driver's license. With a driver's license issued by the Armed Forces based in another country, military personnel may operate a motor vehicle in Massachusetts for up to 45 days. This policy applies only to military personnel; it does not apply to their spouses or dependents. ✔✔Non-Resident - ✔✔A ________ ________ may operate a motor vehicle on Commonwealth ways if he is duly licensed to operate a motor vehicle under the laws of his home state or country, and his home state or country prescribes and enforces standards of fitness for operations of motor vehicles substantially as high as those prescribed and enforced by Massachusetts.
Under M.G.L. Ch. 90 § 10, "No person under sixteen years of age shall operate a motor vehicle upon any way." So even though some states will grant a license to a person under 16, they are not considered to be duly licensed in MA until they reach 16. Police may use 90 §10 to charge non-residents who operate a motor vehicle after the expiration of their out-of-state license or if they do not have the out-of-state license in possession. Non-residents must obtain a license as soon as they move to Massachusetts. M.G.L. 90 §3½ identifies factors used to determine Commonwealth residency. ✔✔Foreign Licensed Drivers - ✔✔Foreign citizens must be at least 16 years old. The licensing country must have substantially similar standards of fitness for operators. Foreign citizens must have their license in possession when operating and comply with all restrictions. Consult your Department's policy. ✔✔No License in Possession; 90 § 11 - ✔✔Persons operating a motor vehicle must carry or have in their immediate possession a valid driver's license. Non-residents who operate a motor vehicle without their home state license in possession may be considered unlicensed operators under 90 §10. Anyone who knowingly collides with or causes injury to a person or damage to property must show their license and, if required to carry it, their registration. ✔✔Operating After Suspension or Revocation; 90 § 23 - ✔✔Suspended or revoked operators cannot operate a motor vehicle anywhere in Massachusetts, including private property. The RMV notifies the violator in writing to make them aware. Warrantless arrest for violation is authorized when "operation" is committed in the officer's presence, on public ways, or in ways to which the public has a right of access. 90/23 also makes it unlawful to present a police officer with the license of another person with the intent to conceal the identity of a person or vehicle. If the vehicle is owned/registered to the operator suspended/revoked, an officer can seize the plates and fax the Operating After Report and Affidavit to the RMV. Note: 90 §23 only applies to the license status of a person who had their right to operate suspended or revoked in Massachusetts by the RMV. For example, suppose a person was only issued a license from Rhode Island and is driving a motor vehicle in MA with a suspended Rhode Island license. In that case, that person cannot be charged for operating after suspension under 90 §23. The applicable charge for a person driving with a suspended RI license in MA is 90 §10. ✔✔Operating After Suspension or Revocation; 90 § 12 - ✔✔It is unlawful to knowingly employ any person who is not licensed as a motor vehicle operator. No owner or person in control of a motor vehicle may knowingly allow another person who is unlicensed or had his license suspended or revoked to operate a motor vehicle. It is unlawful for a person to knowingly permit a motor vehicle owned or under his control, which is not equipped with a functioning ignition interlock device, to be operated by a person with an ignition interlock restricted license. Note: An ignition interlock device is an alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration over a preset limit.
- The two vehicles (old and new) must have the same number of wheels.
- Must have an original copy of the bill of sale or certificate of transfer. If the RMV issued two plates, both must be attached to the new vehicle.
- The time begins on the date of transfer until 5 p.m. on the 7th day. Absent specific military and other exemptions, new residents have 30 days to register their car in Massachusetts (90 §3) ✔✔No Registration in Possession; 90 § 11 - ✔✔Every person operating a motor vehicle must physically possess the vehicle (or trailer) certificate of registration. Exceptions for certificate of registration possession include dealers, manufacturers, repairers, boat dealers, boat trailers, and farmers. ✔✔Suspended / Revoked Registration; 90 § 23 - ✔✔No person may operate or permit another person to operate a motor vehicle while the vehicle's registration is suspended or revoked. Attaching plates assigned to another motor vehicle or obscuring registration plate numbers to conceal true motor vehicle identity is illegal. Officers cannot make a warrantless arrest for this offense. Officers have the authority to confiscate registration plates and have the vehicle towed: 540 CMR 2.05 (5)(c) Any person who operates a motor vehicle which has no current registration in violation of M.G.L. c. 90, or which bears a registration plate that is assigned to a vehicle or trailer other than the one to which it is attached, or which is the subject of a revoked or suspended registration shall be subject to the penalties set forth in M.G.L. c. 90, §§ 2, 9 and 23, and the registration plate(s) attached to such vehicle shall be subject to immediate confiscation by an officer of the police, or other person authorized by the Registrar. Any such confiscated plate(s) shall be returned to the Registrar as soon as is practically possible after confiscation. If the driver is not the registered owner, the vehicle should be towed, and the "Report and Affidavit" form should be faxed to the RMV. ✔✔Improper Display; 90 § 6 - ✔✔Display: Plates must be displayed conspicuously at both the front and rear of a motor vehicle (rear for trailer). If only one plate is issued, it must be affixed to the back of the motor vehicle. A single "legacy" plate or certain "Year of Manufacturer" plate must be affixed to the rear of the vehicle, and no front plate is required. Legacy plates generally have green numbers and letters on a white background. Clean and unobscured: Plates must be kept clean with legible numbers. Plates cannot be obscured by the installation of any device obscuring said numbers. Plate borders cannot cover or obscure, in any manner, the registration number. There is no violation if all numbers and letters needed to identify the plate positively are legible.
Display light: When a vehicle or trailer is required to display lights, the rear plate must be illuminated and plainly visible from 60 feet. ✔✔Liability Insurance; 90 §34J - ✔✔It is unlawful to operate or, as the owner, allow another person to use a motor vehicle on a public or private way without a valid liability insurance policy in effect. It is unlawful to allow a motor vehicle or trailer to remain parked on a public or private way without adequate liability insurance because lack of insurance triggers revocation of registration of vehicles. A non-resident may operate a motor vehicle properly registered in another state without adequate insurance in Massachusetts for an aggregate of 30 days a year. A violation of this chapter/section is a complaint application with no right of arrest and no CMVI option. ✔✔Braking Systems - ✔✔Every motor vehicle must be equipped with two braking systems (service and parking) with separate means of operation. Also see 540 CMR 4.04. ✔✔Lights - ✔✔In general, all motor vehicles must have: • Two working headlights (one for a motorcycle) • Two working taillights (one for motorcycle) • Two working rear brake/stop lights (one for a motorcycle). Every motor vehicle and trailer so operated shall be equipped with two rear lights mounted, one at each side of the rear of the vehicle, to show two red lights from behind. o Some vehicles have a third rear light mounted in the car's center. This is not required equipment and will not satisfy the requirement that the vehicle have two rear-facing brake/stop lights because the statute requires that the lights be mounted "one at each side of the rear of the vehicle" In US v. Byron, D. Mass. 410 F.Supp.3d 266 (2019), the defendant operated a vehicle with the driver's side brake light out. The defendant argued that he should not have been pulled over because he had two working brake lights, one on the passenger side and one in the center of the back windshield. The court found that officers had reasonable suspicion to stop the vehicle for a traffic violation because MGL c. 90 § 7 requires vehicles to have two working brake lights, one on each side of the vehicle. • A white light so arranged as to illuminate and not obscure the rear number plate. MGL 90 § requires that the license plate be illuminated. • Flashing 4-way hazards • Directional Signals o Although directional signals are not required equipment, MGL 90 14B requires operators to give a plainly visible signal before making a stop or turn that will reasonably impact other vehicles. MGL 90 §7A states that for inspection, the car must have ... proper and safe ... directional signals. o Additionally, Mass. CMR 540 404 (10)(b) states: Front and rear directional signals will be operable on every vehicle originally equipped with such signals. Every motor vehicle registered in th ✔✔Red or Blue Lights - ✔✔Absent exceptions provided, no motor vehicle can display a flashing, rotating, or oscillating red light or blue light. Exceptions include police and other vehicles when attached for law enforcement functions such as medical personnel, command staff, and chaplains as well as vehicles used for transporting persons who are under arrest, or in lawful custody under the authority of any court, or committed to penal or mental institutions. RMV permit is required.
Note: M.G.L. 90 §13 safety precautions that impede operation of motor vehicle may also apply to loads and to snow. ✔✔Motorcycles - ✔✔Helmet: Every motorcycle operator and passenger, including attached sidecars, must wear protective head gear approved by the RMV. See 540 CMR 22. Face shield: If motorcycle is not equipped with a windshield or screen, operator must wear eyeglasses, goggles, or protective face shield. Passengers: Motorcycle must be designed to carry a passenger. No passenger may ride in front of the motorcycle operator. MGL c 90 §7 Whoever operates a motorcycle on the ways of the commonwealth shall ride only upon the permanent and regular seat attached thereto, and he shall not carry any other person, nor allow any other person to ride, on such motorcycle unless it is designed to carry more than one person, in which case a passenger may ride upon the permanent and regular seat if such seat is designed for two persons, or upon another seat which is intended for a passenger and is firmly attached to the motorcycle to the rear of the operator if proper foot rests are provided for the passenger's use, or upon a seat which is intended for a passenger and is firmly attached to the motorcycle in a side car. MGL c. 90 § 13. 540 CMR 4.06(12)(c) - motorcycle will not pass inspection if footrests for each designated seating position are not provided. ✔✔Tinting - ✔✔is any material, film or application that makes any motor vehicle windshield or window glass nontransparent or obscured from either the interior or exterior is prohibited. M.G.L. 90 §9D standards only apply to vehicles registered in Massachusetts. A. If the vehicle is equipped with two outside mirrors, one on each side, adjusted so that the driver has a clear view of road behind vehicle, then it is legal to use non-transparent or sunscreen material or window application which has a total visible light reflectance of less than 35% (or a visible light transmittance of more than 35%) on the front side windows, the rear side windows, and the rear window. Note: A tint meter or verified comparison filters and specific training is needed to properly charge for this violation. The stop of a motor vehicle by an officer familiar with MGL c. 90 §9D who possessed a device to measure window tint and who observed a car driving with what appeared to be windows darker than allowed under the statute was reasonable. Commonwealth v. Baez, 47 Mass. App. Ct. 115 (1999) B. Certain transparent material may be placed on the uppermost 6'' along the top of front windshield, provided such strip does not encroach upon the driver's direct forward viewing area as defined in the applicable Federal Motor Vehicle Safety Standards.
C. Window tint exceptions include persons with medical needs, limos, and police K vehicles. For a medical exemption, the registrar must approve of the medical need. D. Relevant CMRs: a. Inspection requirements for broken, cracked windshields 540 CMR 4.04(8)(c) b. Inspection requirements for wipers; 540 CMR 4.04(8)(e) ✔✔Inspections; 90 § 20 - ✔✔All motor vehicles must undergo annual equipment safety inspections and emissions inspections every year. Massachusetts has staggered annual inspections based on the initial month of registration. MGL c 90 §7A. Absent exceptions provided (MGL c111 §142M) all motor vehicles registered in Massachusetts must possess a valid safety inspection sticker. None or expired: No person may operate or allow another to operate his motor vehicle without a valid safety inspection sticker. Note: Owners have 7 days to get a newly registered motor vehicle inspected. 540 CMR 4.03(1)(a). An officer cannot pull over a vehicle that does not have an inspection sticker displayed if registration information is reasonably available to the officer that confirms that the vehicle was registered within the past 7 days. Commonwealth v. Jones, 100 Mass.App.Ct. 600 (2022). ✔✔Failed Inspections - ✔✔Failed: No person may operate, or as the owner, allow a person to operate a motor vehicle that has failed a safety inspection. Equipment: If an inspection failure is for a safety equipment issue (e.g., brakes, horn, tires, etc.), the motor vehicle cannot be driven on a public way until equipment is repaired. Vehicles that fail safety equipment inspections are issued stickers with a red "R" (bold font). A red rejection sticker provides reasonable suspicion to stop a motor vehicle. Commonwealth v. Rivas, 77 Mass. App. Ct. 210 (2010). In Rivas, the officer observed a sedan driving with a red rejection inspection sticker. The officer pulled the car over for that violation. The court found that the officer could reasonably believe that the car was being driven in violation of safety standards. It did not matter that it was possible that the driver/owner could have corrected the problem after receiving the rejection sticker and before the car was stopped by the officer. The stop of the car was good. Emissions: If failure is for emissions, owners have 60 days (20 days for motorcycles) from the date of failure to repair emissions issue and pass a re-test. Only emission failures allow for continued vehicle operation, assuming all other safety issues have been repaired. 540 CMR 4.07(3)(b). Vehicles that fail emissions equipment inspections are issued stickers with a black "R" (bold font).
✔✔Riding in Pick-Up Beds - ✔✔Riding in pick-up beds: No person shall operate a pick- up truck for more than 5 miles or more than 5 MPH with anyone under 12 years old inside the truck bed. Exceptions are made for parades and designated farm vehicles. M.G.L. 90 §7AA (child safety seats) provides no exception for pick-up trucks. Note: M.G.L. 90 §22H requires that animals being transported in the unenclosed back of a motor vehicle in a space intended for a load be secured to prevent animals from being thrown or from falling or jumping from vehicles. Note: A person who confines and animal in a motor vehicle in a manner that could reasonably be expected to threaten the health of the animal due to extreme heat or cold. M.G.L. 140 §174F. This is a civil infraction punishable by a fine. ✔✔Unlawful Hanging - ✔✔Unlawful hanging onto vehicle: No person, shall stand on or hang onto the outside of a motor vehicle. Exceptions include sanitation workers on garbage trucks. No person may hold onto the rear-end of any motor vehicle while on a bicycle, motorcycle, roller skates, sled, or similar device. No motor vehicle operator may permit a person to do any of the aforementioned. ✔✔Seat Belts; 90 §13A - ✔✔In general, every private passenger motor vehicle registered in Massachusetts must be equipped with 2 seat belts for use by occupants in the front seat (90 §7). No person shall operate, or ride in as a passenger (who is at least 12 years old) a private motor vehicle, on a way, without wearing a properly adjusted and fastened seat belt. Officers cannot stop a motor vehicle because the operator or passenger at least 12 years old is not wearing a seatbelt. Another violation must occur in order to make the stop. Officers may issue citations to passenger violators who are 16 years of age and older. If the passenger violator between 12-15 years old, the driver is responsible and may be issued a citation. Note: Child seat violations may require a mandated report to DCF under 119 §51A. ✔✔Seat Belt Exceptions - ✔✔1. Any child under 13 years old who is subject to the provisions of 90 §7AA.
- Any person riding in a vehicle manufactured before July 1, 1966.
- Side facing seat on antique cars where factory did not install a seat belt.
- Any person who is physically unable to use safety belts. Person's condition preventing seat belt use must be certified by a physician.
- Any rural carrier of the U.S. Postal Service operating while in the performance of his duties.
- Any person involved in the operation of taxis, tractors, or trucks with gross weight of 18,000 pounds or more, buses and passengers of authorized emergency vehicles. ✔✔Child Restraints; 90 §13A - ✔✔When operating a motor vehicle on any way, children passengers under 8 years old must be fastened and secured by a child passenger restraint, unless the child is more than 57" tall. All other passengers under 13 years old must wear a safety belt that is properly adjusted and fastened. Note: Exceptions to child restraint laws include school buses and children with special needs (with a physician's certificate) Unlike adult seatbelt offenses, officers may stop a motor vehicle solely on a violation of 90 §7AA. Motor vehicle operator is responsible for ensuring all children passengers are using required restraints properly. Operator of a taxi cannot be fined if the cab is not equipped with a child passenger restraint device. ✔✔Child Protection Systems - ✔✔Infants and children are safest when properly restrained in a back seat. Common child restraint systems are rear facing, forward- facing and booster seats. Children under 2 years old should remain in rear-facing seats until height and weight exceed capacities determined by manufacturer. A. Follow manufacturer recommendations for securing detachable base (e.g., straps, seatbelt, and correct angle) B. Harness straps should be snug, straight, and positioned at, or slightly below, the child's shoulders. C. Harness chest clip should be positioned at the child's mid-chest or armpit level. This keeps the shoulder straps in the correct position. Forward-facing Transition children who outgrow rear-facing seats to forward-facing seats. Keep children in forward-facing safety seats until height and weight exceed capacities determined by manufacturer. Follow manufacturer recommendations for securing child safety seat to vehicle rear seat (e.g., straps, seatbelt, correct angle). Harness straps should be snug, straight, and positioned at, or slightly below, the child's shoulders. Harness chest clip should be positioned at the child's mid-chest or armpit level.
The "passenger area" is any area inside the motor vehicle designed for, or immediately available to drivers or passengers. This includes unlocked glove boxes. Violation is a civil motor vehicle infraction. Commonwealth v. Mansur, 484 Mass. (2020). ✔✔Unlawful Transportation; 138 § 22 - ✔✔Any person may, but only for his own use and that of his family and guests, transport alcoholic beverages or alcohol, without any license or permit, but not exceeding in amount, at any one time:
- 20 gallons of malt beverages; or
- 3 gallons of any other alcoholic beverage Any person may transport from his or her place of residence to a new place of residence established by him alcoholic beverages manufactured by him or her for his or her own private use. ✔✔MV Operated By Minor With Alcohol; 138 §34C - ✔✔Unless accompanied by a parent or legal guardian, no person under 21 years old can knowingly possess, transport, or carry alcohol or alcoholic beverages. This section does not apply to a person between the ages of 18 - 21 who knowingly possesses, transports, or carries on his person alcohol or alcoholic beverages in the course of his/her employment. A police officer may arrest without a warrant any person who violates this section. If found responsible, the registrar shall suspend the license to operate of the minor for 90 days. ✔✔Open Container of Marijuana; 94G §13(d) - ✔✔No person shall possess an open container of marijuana or marijuana products in the passenger area of any motor vehicle. Punishment by a civil penalty of not more than $500. Open container is defined as the package containing marijuana or marijuana products that has its seal broken or from which the contents have been partially removed or consumed. Passenger area includes the area designed to seat the driver and passengers and any area that is readily accessible to them while in a seated position. The section specifically excludes the trunk, locked glove compartment or the living quarters of a house coach or house trainer. If the vehicle does not have a trunk, the area behind the last upright seat or an area not normally occupied by the driver or passenger are excluded.
A violation must be written on a city/town ordinance or bylaw citation provided by the agency. The specific fine amount will depend on the city/town ordinance/bylaw but shall not exceed $500. Officers cannot use a uniform citation for a violation of this section. MGL c 94C sec 32N ✔✔Precautions for Safety; 90 § 14 - ✔✔Intersections:
- Motor vehicle operators must slow and keep right when approaching intersections and yield to oncoming traffic when making a left turn.
- 90 §14A increases fine amount for failing to stop for blind pedestrian. When approaching a person being guided by a dog or using a cane, the operator must come to a complete stop and not proceed until safe. Turning: Turn direction must be appropriate for lane (i.e., right, or left). For example, motor vehicle operators must turn right from the furthest right lane nearest to curb. Note: Officers must be familiar with their jurisdiction ordinances and by-laws related to motor vehicle turns. School buses:
- Motor vehicle operators must stop for school buses with flashing red lights on and discharging or picking up students. Exception: when approaching from opposite direction on a divided highway. Frightened animals:
- Motor vehicle operators must stop when approaching animals that appear to be frightened. CMR (certain state highways only) • Certain turns prohibited; 720 CMR 9.06(21) • Emerging from alley or private drive; 720 CMR 9.06(20) • U-turns prohibited; 720 CMR 9.06(26) ✔✔Stopping & Turning; 90 §14B - ✔✔Motor vehicle operators must give a plainly visible signal before making a stop or turn that will reasonably impact other vehicles. If vehicle's electrical or mechanical signals are not working, operators can use hand signals. ✔✔Railroad Crossings; 90 §15 - ✔✔Operators must reduce vehicle speed to a reasonable and proper rate before proceeding over a railroad crossing. School buses and vehicles carrying explosive or flammable materials must come to a full stop no less than 15 feet and not more 50 feet from the nearest railroad track and shall not proceed to cross until it is safe to do so. School bus operators must open the service door to make sure railroad tracks can be crossed safely.
- A reckless driver ignores or is indifferent to the fact that his driving is very likely to result in someone's death or serious injury. Note: In general, reckless operation is harder to prove and should only be charged in extreme cases.
- A negligent driver fails to use due care, that is they operate the vehicle in the way a reasonable person would not. Factors to consider for OTE include, but are not limited to the following:
- Weather
- Time of day
- Vehicle speed
- Traffic congestion
- Type of road or way
- Operator's physical condition
- Operator ability to see or control vehicle
- Vehicle condition (e.g., equipment defects) Proof that someone was actually endangered is not an element of the crime. See Commonwealth v. Teixeira, 95 Mass. App. Ct. 367 (2019). ✔✔Racing; 90 §24(2)(a) - ✔✔No person may operate a motor vehicle on a public way or where the public has access with the intent to race, make a wager, or break a record. A "race" is a competition between two or more vehicles to determine who can accelerate fastest or drive his motor vehicle the fastest. The agreement to race can be formal or implied. Note: Under M.G.L. 90 §17B establishes a separate offense for drag racing. Drag Racing includes an element of noise made from skidding/spinning tires and accelerating engines. No agreement to race is needed to violate this statute. Because it amounts to a breach of the peace, warrantless arrest in presence for a breach of the peace for operators 18 and over. For operators under 18 issue a CMVI. For both Racing MGL c 90 §24(2)(a) and Drag Racing MGL c 90 § 17B consider filing an immediate threat with the RMV ✔✔Immediate Threat; 90 §22(a) - ✔✔The RMV can suspend/revoke a license or registration when the holder has, "committed a violation of the motor vehicle laws of a nature which would give the registrar reason to believe that continuing operation by such holder is and will be so seriously improper as to constitute an immediate threat to public safety." A "motor vehicle violation" shall mean a violation of any law, regulation, by-law, or ordinance reported to the RMV pursuant to MGL c. 89, 90, 90C and 175. Does not apply to violations related to parking or to violations outside the Commonwealth.
Filing an immediate threat request with the RMV does not mean the operator's license is suspended or revoked. Filing the paperwork is just a request to the RMV to take action. All requests are reviewed by the RMV on the first business day after it is received. Upon receipt of the request, the RMV has three options:
- Deny the request and no action is taken.
- Immediately suspend/revoke the license.
- Schedule a hearing ✔✔Motorized Bicycles; 90 §1B - ✔✔A "motorized bicycle" is a pedal bicycle with a helper motor (e.g., moped), or a non-pedal bicycle with a motor of 50 cc or less, an automatic transmission, and a maximum speed of 30 MPH; provided, that the definition of "motorized bicycle" shall not include an electric bicycle. MGL c. 90 §1. Operator must be 16 years of age or older and possess a valid license or learner's permit. No right of arrest. CMVI under 90 §1B. Operator cannot drive faster than 25 MPH on any way. Operator and passengers must wear a helmet. May be operated on any public way except limited access or express state highways where signs prohibiting bicycles have been posted. May be operated in bike lanes adjacent to ways but are excluded from recreational bicycle paths. Motorized Bicycles cont'd Operators are subject to all motor vehicle laws except: • May keep right when passing a motor vehicle that is moving in the travel lane; and • Operator shall signal by hand an intention to stop or turn. An operator of a motorized bicycle can be charged with OUI even though it doesn't meet the statutory definition of "motor vehicle" because MGL c. 90 §1B specifically states that the operator is subject to the traffic laws and regulations of the commonwealth. Commonwealth v. Griswold, 17 Mass. App. Ct. 461 (1984). An operator of a motorized bicycle while his license is suspended is properly charged under MGL c 90 § 1B and not MGL c. 90 § 23. Commonwealth v. Lopez, 91 Mass. App. Ct. 485 (2017) ✔✔
