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Motor Vehicle Law > Ch. 4 Regulating Operators > Flashcards

Ch. 4 Regulating Operators Flashcards

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1
Q

The right to operating motor vehicles referred to as a “_______” in Massachusetts

A

Privilege

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2
Q

When prosecuting unlicensed operation who has the burden of proof

A

Motorist

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3
Q

Officers should take steps to prove the suspects unlicensed status by obtaining

A

Certificate from the registry

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4
Q

Certified copies attested by the ______shall be admissible as evidence in any court of the Commonwealth

A

Registrar

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5
Q

Unlicensed operation statute

A

90/10

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6
Q

90/10 unlicensed operator requires that the motorist operate on a

A

Way

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7
Q

Given that 90/10 was enacted for the safety of the public the place for a violation should be

A

Construed broadly

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8
Q

Within the definition of a way, the key phrase is a way dedicated to

A

Public use

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9
Q

A way dedicated to public use means any passageway which members of the public:

A

Routinely drive on

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10
Q

90/10 violations are arrestable under (ch/s)

A

90/21

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11
Q

What is the strongest action for unlicensed operation not on a public way

A

Arrest
Just needs to be “way” not “public way”

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12
Q

What date did Massachusetts begin issuing two drivers license?

A

July 1 2023

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13
Q

Citizens and ________ who live in Massachusetts can get a license

A

Undocumented foreign residents

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14
Q

Applicants for a real ID must provide documents proving their identity and

A

Lawful presence in the US

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15
Q

Can a real ID license be used for boarding a commercial airliner?

A

Yes

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16
Q

Does a person have to prove that they are lawfully present in the US to get a Massachusetts license?

A

No

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17
Q

Is information provided to the RMV by an applicant public record

A

No

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18
Q

Strongest action for a violation where the motors was never issued a license or learners permit

A

Arrest in presence

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19
Q

_______ is a highly disfavored approach when dealing with violation in which a motorist that was never issued license or learners permit

A

Written or verbal warning

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20
Q

Military exception has a ____ grace period for mass residents when returning from active duty OUTSIDE the US

A

45 days

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21
Q

A member of the US Armed Forces returning from active duty outside the US may operate for 45 days after return provided he possessed a license to operate in:

A

Foreign country

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22
Q

Military exception for expired license is ____days

A

60

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23
Q

Temporary replacement license is known as the

A

E-10

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24
Q

Temporary license is valid for maximum ____ days after expiration of motorist original license

A

120

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25
Q

How many extensions does the RMV grant for a temporary license?

A

1

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26
Q

Right of arrest when stopping at defendant that was licensed to drive a car, but not the motorcycle he is on

A

Arrest in presence

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27
Q

Strongest action when stopping an operator that is not wearing glasses, but has a restriction B

A

Arrest

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28
Q

Right of arrest for someone with a learners permit operating without an accompanied motorist

A

Arrest 90/10 and 9/21
Complaint 90/10

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29
Q

CMVI for operating with a learners permit, not accompanied by a motorist

A

$40

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30
Q

Who is liable for violations committed by someone driving with their learners permit?

A

The person with the permit and the accompanying license holder

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31
Q

People with the learners permit must be accompanied by a motorist at least age ___ with at least ___years of driving experience, with a valid license from____ and sitting in ____

A

21
1 year
MA or another state
Seat next to driver

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32
Q

Strongest action for someone who fails to have their learners permit in their possession while driving

A

Arrest
90/10 and 90/21

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33
Q

4 enforcement options for someone that doesn’t have their learners permit in their possession

A

Arrest
Complaint
Written or verbal warning
Have licensed operator take the vehicle

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34
Q

People would learners permit cannot drive between what hours

A

12am-5am

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35
Q

Three exceptions for learners permit hours restrictions

A

18
Under 18 with a parent/guardian who is licensed with at least one year experience
Emancipated minor

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36
Q

For enforcement options for violation of learners permit hours restrictions

A

Arrest 9/10 and 90/21
Complaint 90/10
Written or verbal warning 90/10
No, CMVI

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37
Q

Four enforcement options for motorist that has a valid out-of-state license, but not in their possession

A

Arrest 90/10 and 90/21
Complaint 90/10
Written or verbal warning
No CMVI

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38
Q

4 Enforcement options for a motorist that is under 16 years old, even if they’ve been issued a valid out-of-state license

A

Arrest 90/10 and 90/21
Complaint 90/10
Written or verbal warning
No CMVI

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39
Q

Right of arrest for classification or restriction violation on an out-of-state license

A

Arrest 90/10

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40
Q

4 Enforcement options for an out-of-state learners permit violation

A

Arrest
Complaint
Written or verbal warning
CMVI $40

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41
Q

Is a learners permit issued by another state valid in mass

A

Yes

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42
Q

4 enforcement options for a CDL operator lacking proper endorsement

A

Arrest 90/10 and 90/21
Complaint 90/10
Written or verbal warning
No CMVI

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43
Q

4 enforcement options for a CDL operator violating out of service order

A

Arrest 90/10 and 90/21
Complaint 90/10
Written or verbal warning
No CMVI

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44
Q

Licenses are classified according to the type of

A

Vehicle that the holder may drive

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45
Q

How many CDL’s can a driver have?

A

They may only have one CDL from one state

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46
Q

CDL license classes (3)

A

A, B, C

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47
Q

License classes for regular motors (2)

A

D,M

48
Q

Any combination of vehicles with gross combination weight rating of 26, 001 or more pounds needs a class ___ license

A

A

49
Q

Holders of a class ___ license may, with appropriate endorsements, operate all other vehicle classes

A

A

50
Q

Any single vehicle designed to transport 16 or more passengers, including the driver or is to be blackhearted for hazardous materials is class ___

A

C

51
Q

Any single vehicle with weight of 26, 001 or more pounds is class ___

A

B

52
Q

GVWR is the weight of ______power unit, trailer or towed unit

A

Individual

53
Q

GCWR is the ______ weight

A

Combined

54
Q

GVWR (power unit) + GVWR (trailer)=

A

GCWR

55
Q

Who is exempt from CDL licensing requirements?

A

Firefighters
Civilian mechanics at the direction and control of fire department efficient

56
Q

Code for use with driving instructor

A

A

57
Q

Code for may not drive unless accompanied by certified driving instructor

A

P

58
Q

Code for mechanical equipment being required in the vehicle, such as hand operated brake free person in capable of using footbrake

A

C

59
Q

Code for operator cannot operate during hours of darkness

A

G

60
Q

Code for hardship license

A

H

61
Q

Code for not operating vehicle with air brakes

A

L

62
Q

Code for a mirror must be mounted outside the vehicle

A

F

63
Q

Code for prosthetic aid

A

D

64
Q

Code for junior operators license

A

I

65
Q

Code requiring bioptic telescopic lens

A

R

66
Q

Code for ignition interlocking device

A

T

67
Q

Code Y says driver is restricted to __ passengers or less

A

14

68
Q

Code when driver must have proof of current blood sugar level

A

S

69
Q

JOL a junior operator has a valid license and is under __ years old

A

18

70
Q

3 restrictions for JOL license

A

Passenger restriction
Hours restriction
CDL restriction

71
Q

Operator with a JOL cannot operate with a passenger under ___ years old within ___ months of receiving JOL

A

18 years old
6 months

72
Q

Someone with a JOL can have a passenger under 18 years old if the person in the seat next to them is at least ___ years old with one year of driving experience

A

21

73
Q

Enforcement options for passenger violation of JOL license

A

No arrest
No complaint
Written, verbal warning 90/8
CMVI $40 90/8
RMV suspensions

74
Q

JOL hours restrictions says no driving between 1230am and 5am for how long

A

Length of JOL

75
Q

Two exceptions to the hours restrictions of JOL

A

Accompanied by a parent or guardian who does not need to be licensed
Emancipated minor

76
Q

Enforcement options for the hours restrictions of JOL

A

Arrest 90/10 and 90/21
Complaint 90/10
Written, verbal warning
No CMVI
RMV suspensions

77
Q

When are officers prohibited from engaging in primary enforcement of the JOL hours restrictions

A

1230-1 and 4-5

78
Q

Emancipated minors applies to children under age ___ who are “_______”

A

18
On their own

79
Q

A person who operates without the proper endorsement of a CDL examination is considered

A

Unlicensed 90/10

80
Q

Code ___ allows transportation of liquids in tank of vehicles

A

N

81
Q

Who may issue out of service orders?

A

Federally certified commercial vehicle enforcement officer

82
Q

A certified officer designates out of service by placing a what color sticker on the vehicle

A

Bright orange

83
Q

Who can issue an out of service order for oui?

A

Any officer

84
Q

Strongest action for a violator operating with an out of service order

A

Arrest

85
Q

Do out of service orders appear in the normal RMV database

A

No

86
Q

Best enforcement practice for non-certified officers dealing with out of service orders

A

Notify the company that owns the vehicle and record the name of the contact person

87
Q

Failure to report name or address change requires notifying the registry in _____ of any change within __ days

A

In writing
30 days

88
Q

90/11 is

A

License or registration not in possession

89
Q

Person who collides with another vehicle and fails to provide license or registration upon other party’s request can be cited under

A

90/11 license registration not in possession

90
Q

Does a motorist still have a duty to present their license and registration even after Officer looks at the RMV query

A

Yes

91
Q

Right of arrest for 90/11 no license in possession

A

No right of arrest unless out of state or foreign driver

92
Q

Chapter and section for permitting a licensed operation

A

90/12

93
Q

What can the registry do to someone that permits our licensed operation?

A

Suspend the registration of a vehicle used to commit offense

94
Q

Right of arrest for leasing a vehicle without proof of proper license

A

Complaint

95
Q

Foreign operators must be at least ___ years old

A

16

96
Q

Any foreign operators are driving without a license if they failed to comply with any of the following conditions (5)

A

At least 16 years old
Resident of country approved by RMV
In possession of license or accessible
Complying with licensed classification
In possession of international driving permit

97
Q

Is a foreign driver limited to using their foreign drivers license in Massachusetts for one year?

A

No

98
Q

Does a foreign driver have to get a Massachusetts license if they’re Massachusetts resident

A

Yes

99
Q

Are international drivers licenses valid

A

No

100
Q

_________ provides a translation into 10 languages of the license issued by the drivers home country

A

International driving permit

101
Q

When prosecuting foreign motorist, who is the burden of proof on

A

Motorist

102
Q

Vehicles registered in any country may be driven in mass provided what 4 conditions

A

Passenger vehicle
Displays proper plates
Meets MA insurance standards (unless operated under 30 days)
Displays international sign (white oval containing 1-3 black letters identifying the country

103
Q

The first three digits of SSN are determined by the

A

ZIP Code of the mailing address shown on the SSN application

104
Q

What year did the Social Security administration change how SSN are issued?

A

2011

105
Q

Social Security administration will not issue SSN beginning with the number

A

9

106
Q

Who can perform facial recognition searches?

A

State police, FBI, RMV

107
Q

One way to get a facial recognition search requires a court order, supported by ________ that a facial recognition search is relevant and important to an ongoing criminal investigation or to mitigate a substantial risk of harm to an individual or group of people

A

Reasonable suspicion

108
Q

A court order is not required and an email request should be sent when requesting facial recognition to (2)

A

Identify a dead person
In an emergency to prevent substantial risk of harm to an individual group

109
Q

Would either type of facial recognition consult _______ first

A

State police

110
Q

What time of day can a court order for. be submitted for facial recognition?

A

Any time of day or night

111
Q

To obtain a facial recognition order officer should email the application, ________ and _______ to a judge or clerk magistrate

A

Suspect photograph
Unsigned court order

112
Q

Should Police file a return of service with the court following a facial recognition search

A

No

113
Q

Facial recognition court order must be signed by

A

Judge or clerk

114
Q

Departments and officers must document each facial recognition search on a _____ basis

A

Quarterly

115
Q

Is information that EOPSS receives about specific suspects, cases and results in facial recognition a public record

A

No

Motor Vehicle Law (6 decks)

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