Ch. 4 Regulating Operators Flashcards
The right to operating motor vehicles referred to as a “_______” in Massachusetts
Privilege
When prosecuting unlicensed operation who has the burden of proof
Motorist
Officers should take steps to prove the suspects unlicensed status by obtaining
Certificate from the registry
Certified copies attested by the ______shall be admissible as evidence in any court of the Commonwealth
Registrar
Unlicensed operation statute
90/10
90/10 unlicensed operator requires that the motorist operate on a
Way
Given that 90/10 was enacted for the safety of the public the place for a violation should be
Construed broadly
Within the definition of a way, the key phrase is a way dedicated to
Public use
A way dedicated to public use means any passageway which members of the public:
Routinely drive on
90/10 violations are arrestable under (ch/s)
90/21
What is the strongest action for unlicensed operation not on a public way
Arrest
Just needs to be “way” not “public way”
What date did Massachusetts begin issuing two drivers license?
July 1 2023
Citizens and ________ who live in Massachusetts can get a license
Undocumented foreign residents
Applicants for a real ID must provide documents proving their identity and
Lawful presence in the US
Can a real ID license be used for boarding a commercial airliner?
Yes
Does a person have to prove that they are lawfully present in the US to get a Massachusetts license?
No
Is information provided to the RMV by an applicant public record
No
Strongest action for a violation where the motors was never issued a license or learners permit
Arrest in presence
_______ is a highly disfavored approach when dealing with violation in which a motorist that was never issued license or learners permit
Written or verbal warning
Military exception has a ____ grace period for mass residents when returning from active duty OUTSIDE the US
45 days
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:
Foreign country
Military exception for expired license is ____days
60
Temporary replacement license is known as the
E-10
Temporary license is valid for maximum ____ days after expiration of motorist original license
120
How many extensions does the RMV grant for a temporary license?
1
Right of arrest when stopping at defendant that was licensed to drive a car, but not the motorcycle he is on
Arrest in presence
Strongest action when stopping an operator that is not wearing glasses, but has a restriction B
Arrest
Right of arrest for someone with a learners permit operating without an accompanied motorist
Arrest 90/10 and 9/21
Complaint 90/10
CMVI for operating with a learners permit, not accompanied by a motorist
$40
Who is liable for violations committed by someone driving with their learners permit?
The person with the permit and the accompanying license holder
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 ____
21
1 year
MA or another state
Seat next to driver
Strongest action for someone who fails to have their learners permit in their possession while driving
Arrest
90/10 and 90/21
4 enforcement options for someone that doesn’t have their learners permit in their possession
Arrest
Complaint
Written or verbal warning
Have licensed operator take the vehicle
People would learners permit cannot drive between what hours
12am-5am
Three exceptions for learners permit hours restrictions
18
Under 18 with a parent/guardian who is licensed with at least one year experience
Emancipated minor
For enforcement options for violation of learners permit hours restrictions
Arrest 9/10 and 90/21
Complaint 90/10
Written or verbal warning 90/10
No, CMVI
Four enforcement options for motorist that has a valid out-of-state license, but not in their possession
Arrest 90/10 and 90/21
Complaint 90/10
Written or verbal warning
No CMVI
4 Enforcement options for a motorist that is under 16 years old, even if they’ve been issued a valid out-of-state license
Arrest 90/10 and 90/21
Complaint 90/10
Written or verbal warning
No CMVI
Right of arrest for classification or restriction violation on an out-of-state license
Arrest 90/10
4 Enforcement options for an out-of-state learners permit violation
Arrest
Complaint
Written or verbal warning
CMVI $40
Is a learners permit issued by another state valid in mass
Yes
4 enforcement options for a CDL operator lacking proper endorsement
Arrest 90/10 and 90/21
Complaint 90/10
Written or verbal warning
No CMVI
4 enforcement options for a CDL operator violating out of service order
Arrest 90/10 and 90/21
Complaint 90/10
Written or verbal warning
No CMVI
Licenses are classified according to the type of
Vehicle that the holder may drive
How many CDL’s can a driver have?
They may only have one CDL from one state
CDL license classes (3)
A, B, C
License classes for regular motors (2)
D,M
Any combination of vehicles with gross combination weight rating of 26, 001 or more pounds needs a class ___ license
A
Holders of a class ___ license may, with appropriate endorsements, operate all other vehicle classes
A
Any single vehicle designed to transport 16 or more passengers, including the driver or is to be blackhearted for hazardous materials is class ___
C
Any single vehicle with weight of 26, 001 or more pounds is class ___
B
GVWR is the weight of ______power unit, trailer or towed unit
Individual
GCWR is the ______ weight
Combined
GVWR (power unit) + GVWR (trailer)=
GCWR
Who is exempt from CDL licensing requirements?
Firefighters
Civilian mechanics at the direction and control of fire department efficient
Code for use with driving instructor
A
Code for may not drive unless accompanied by certified driving instructor
P
Code for mechanical equipment being required in the vehicle, such as hand operated brake free person in capable of using footbrake
C
Code for operator cannot operate during hours of darkness
G
Code for hardship license
H
Code for not operating vehicle with air brakes
L
Code for a mirror must be mounted outside the vehicle
F
Code for prosthetic aid
D
Code for junior operators license
I
Code requiring bioptic telescopic lens
R
Code for ignition interlocking device
T
Code Y says driver is restricted to __ passengers or less
14
Code when driver must have proof of current blood sugar level
S
JOL a junior operator has a valid license and is under __ years old
18
3 restrictions for JOL license
Passenger restriction
Hours restriction
CDL restriction
Operator with a JOL cannot operate with a passenger under ___ years old within ___ months of receiving JOL
18 years old
6 months
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
21
Enforcement options for passenger violation of JOL license
No arrest
No complaint
Written, verbal warning 90/8
CMVI $40 90/8
RMV suspensions
JOL hours restrictions says no driving between 1230am and 5am for how long
Length of JOL
Two exceptions to the hours restrictions of JOL
Accompanied by a parent or guardian who does not need to be licensed
Emancipated minor
Enforcement options for the hours restrictions of JOL
Arrest 90/10 and 90/21
Complaint 90/10
Written, verbal warning
No CMVI
RMV suspensions
When are officers prohibited from engaging in primary enforcement of the JOL hours restrictions
1230-1 and 4-5
Emancipated minors applies to children under age ___ who are “_______”
18
On their own
A person who operates without the proper endorsement of a CDL examination is considered
Unlicensed 90/10
Code ___ allows transportation of liquids in tank of vehicles
N
Who may issue out of service orders?
Federally certified commercial vehicle enforcement officer
A certified officer designates out of service by placing a what color sticker on the vehicle
Bright orange
Who can issue an out of service order for oui?
Any officer
Strongest action for a violator operating with an out of service order
Arrest
Do out of service orders appear in the normal RMV database
No
Best enforcement practice for non-certified officers dealing with out of service orders
Notify the company that owns the vehicle and record the name of the contact person
Failure to report name or address change requires notifying the registry in _____ of any change within __ days
In writing
30 days
90/11 is
License or registration not in possession
Person who collides with another vehicle and fails to provide license or registration upon other party’s request can be cited under
90/11 license registration not in possession
Does a motorist still have a duty to present their license and registration even after Officer looks at the RMV query
Yes
Right of arrest for 90/11 no license in possession
No right of arrest unless out of state or foreign driver
Chapter and section for permitting a licensed operation
90/12
What can the registry do to someone that permits our licensed operation?
Suspend the registration of a vehicle used to commit offense
Right of arrest for leasing a vehicle without proof of proper license
Complaint
Foreign operators must be at least ___ years old
16
Any foreign operators are driving without a license if they failed to comply with any of the following conditions (5)
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
Is a foreign driver limited to using their foreign drivers license in Massachusetts for one year?
No
Does a foreign driver have to get a Massachusetts license if they’re Massachusetts resident
Yes
Are international drivers licenses valid
No
_________ provides a translation into 10 languages of the license issued by the drivers home country
International driving permit
When prosecuting foreign motorist, who is the burden of proof on
Motorist
Vehicles registered in any country may be driven in mass provided what 4 conditions
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
The first three digits of SSN are determined by the
ZIP Code of the mailing address shown on the SSN application
What year did the Social Security administration change how SSN are issued?
2011
Social Security administration will not issue SSN beginning with the number
9
Who can perform facial recognition searches?
State police, FBI, RMV
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
Reasonable suspicion
A court order is not required and an email request should be sent when requesting facial recognition to (2)
Identify a dead person
In an emergency to prevent substantial risk of harm to an individual group
Would either type of facial recognition consult _______ first
State police
What time of day can a court order for. be submitted for facial recognition?
Any time of day or night
To obtain a facial recognition order officer should email the application, ________ and _______ to a judge or clerk magistrate
Suspect photograph
Unsigned court order
Should Police file a return of service with the court following a facial recognition search
No
Facial recognition court order must be signed by
Judge or clerk
Departments and officers must document each facial recognition search on a _____ basis
Quarterly
Is information that EOPSS receives about specific suspects, cases and results in facial recognition a public record
No
