Chapter 5-7 Flashcards
1
Q
What is chapter 90 section 9?
A
Unregistered motor vehicle
2
Q
What are the elements of Ch. 90 section 9 unregistered motor vehicle?
A
Operate or allowed to remain,
- operate, push, draw, tow or allowed to remain
- As the owner, allow someone else to do those things
- Has to be a motor vehicle or trailer
- Upon a way
- no registration -is in effect for the vehicle or trailer
3
Q
What are some special situation for unregistered motor vehicle Under chapter 90 section 9?
A
- Non-residence
- College students
- Grace period
- Military personnel
4
Q
Under chapter 90 section 9, unregistered motor vehicles special situations, what may non-residents do?
A
Non residents may operate a vehicle in Massachusetts as long as it is properly registered in the non-resident state or country, and the non-resident has vehicle insurance an amount equal to or greater than the minimum requirement for vehicles registered in Massachusetts.
5
Q
How long are non-residents be able to drive under Chapter 90 section 9?
A
There is a 30 day limit for less adequate insurance, meaning you can only drive under this exception for 30 days.
6
Q
Under special situations for out of state registrations what is the law for Massachusetts Resident operate an out of state vehicle in a Massachusetts?
A
An out of state vehicle may not be operated by a resident of the Commonwealth for more than 30 days if it’s registered outside Mass. This prevents a mass resident from using a vehicle that is registered out of state for more than 30 days.
7
Q
Under exception or special Situation for non-residents what does a non-resident have to do when they move to Mass?
A
Once a non-resident becomes a resident that person has to obtain a registration in the commonwealth within that 30 days limit.
8
Q
What is a special situation in chapter 90 section 9 for college students?
A
The rules for college student college students are found in chapter 90 section 3. It states it is a students obligation for every non-resident college or high school student who operates a vehicle in another state or country between September 1 and ending on August 31 of the following year, shall file in triplicate with the police department where the school of college is located. An RMV form signed stating the vehicle insurance, which must meet minimum mass requirements. The police shall send one copy to the registrar and one to the school or college.
The colleges obligation is that the school must maintain a register of students with out-of-state insurance and allow the police inspection at reasonable times. Schools must issue a decal to each student which shall be affixed to the upper most center portion of the windshield. Any school or college failing to maintain a register or to issue decals will be find $105 for each offense.
9
Q
Under chapter 90 section 9 what is the seven day grace period transfer a rule?
A
Under chapter 90 section 2, the purchaser of a motor vehicle has seven days to transfer his or her registration and insurance coverage onto a newly acquired vehicle. The seven day period starts on the day of transfer day one and lasts until 5 PM on the seventh day.
10
Q
Under the grace period of the seven day transfer a rule what following requirements must be met?
A
The seller must have properly signed the certificate of origin ( new vehicle) Or certificate of title ( used vehicle) And deliver the appropriate document to the purchaser.
- Purchaser must be at least 18 years old.
- Previously owned vehicle and newly acquired vehicle must be the same type and have the same number of wheels.
- The registration plates must be attached to the newly acquired vehicle or trailer.
- Must transfer ownership or lose possession of old vehicle.( Meaning the vehicle is a total loss by reason of theft without recovery, damage reboot beyond repair, burning or otherwise)
11
Q
What ate the violations of the seven day rule that are sufficient evidence?
A
That the vehicle is unregistered chapter 90 section 9, uninsured chapter 90 section 34, and that the plates have been unlawfully attached under chapter 90 section 23.
12
Q
What is a military personnel special situation for chapter 90 section 9?
A
Military personnel if serving on active duty the following rules apply:
- Vehicle purchase, titled and registered in home state
- Vehicle not purchased, titled and registered in home states
- Vehicle from abroad bears armed for its plates
13
Q
What are the penalties Massachusetts residents offenses for chapter 90 section 9?
A
Unregistered vehicles first offense is a fine of $105, subsequent offense is a fine of $1005
- Failure to place the appropriate decal on the plate calls for CMVI of $35,
- Massachusetts resident improperly registered out of state should be cited under chapter 90 section 3, which is imposes a city civil motor vehicle in fraction of $255.
14
Q
What are the penalties for non-residents offenses of chapter 90 section 9 unregistered insured?
A
Any non-resident student who fails to register an out-of-state vehicle with the police department with the college is located shall be issued a civil motor vehicle in fraction of $205,
Any nonresident motorist motorist including students who has a valid out-of-state registration but fails to maintain an adequate insurance she’ll be incited for operating an uninsured vehicle chapter 90 section 34J.
15
Q
What is chapter 90 section 5 and 540 CMR 18. 00?
A
General distinguishing registrations.
16
Q
What are general distinguishing registrations under chapter 90 section 5?
A
General distinguishing registrations are issued to certain businesses which are allowed to move plates from one vehicle to another.
17
Q
What are 6 examples of a general distinguishing registration?
A
A dealer plate. Farmer plate Contractor Repair Transporter Government
18
Q
What are people with general distinguishing registration plates not allowed to do?
A
-No learning, leading for hire, or renting the actual plate
-
19
Q
May the owner of a general distinguishing registration loan out a vehicle with a dealer plate on it?
A
Yes they may loan a vehicle with a dealer general registration but only for a maximum period of five consecutive days. Under chapter 90 section 5 the holder of the general registration dealer plate may loan or let for hire a vehicle owned or controlled by him for up to five days.
20
Q
What are other examples of a general distinguishing registration license plate?
A
Farmer, contractor, repair, transporter, and government.
21
Q
What are the penalties of the miss use of the dealer plates, repair plate, or other general registrations?
A
Any miss use of general registration plate shall be regarded as a violation of chapter 90 section 23 attaching plates. Therefore officers should Cite the offender under 540 CMR 18. 04 and apply for a criminal complaint
-The RMV may also suspend or revoke after notice in an opportunity for a hearing, any rate general registration or never plate if he or she has a reason to believe that the holder violated RMV regulations. Revocation shall be not less than 12 months in no time limit shall be credited until the holder has returned the master certificate of registration and all registration plates
22
Q
What is chapter 90 section 3 1/2?
A
Establishing and misrepresenting residency.
23
Q
Under chapter 90 section 9 unregistered motor vehicle, what are the elements for establishing and misrepresenting residency chapter 90 section 3 1/2?
A
Improper registration or misrepresentation(No person may improperly registry motor vehicle or trailer in another state to misrepresent the place of Garage in the motor vehicle or trailer within Massachusetts)
-purpose of evasion (For the purpose of evading are reducing the payment of a motor vehicle excise tax, sales or use taxes, or insurance premiums,) -each taxable year a motor vehicle or trailer is improperly registered shall be considered a separate offense, but no more than three years shall be the subject of prosecution.
24
Q
What is chapter 90 section 23?
A
Attaching or concealing registration plates.
25
Under elements of chapter 90 section 23 attaching a concealing registration plates, how many types of elements are there?
There is type one and type two.
26
What is Type 1 under chapter 90 section 23, attaching or concealing registration plate?
Type one is attaching a plate. This is where it is the wrong plate on the wrong car.
-This is where a suspect attaches or permits another to attach a particular registration plate to a motor vehicle or trailer knowing that the plate is does not belong to that vehicle,
27
What is Type 2 under chapter 90 section 23, attaching and concealing registration plate?
Type two is concealing a plate. This is where it is the right plate but they are trying to hide the registration number on the plates. The suspect intended to conceal the identity of a motor vehicle or trailer,
-By obscuring or permitting to be obscured the number or Letters on a registration plate, or failing to display the duly assigned registration number plate this is a violation.
28
What is the penalty for chapter 90 section 23 attaching or concealing registration please?
Penalty is right of arrest with probable cause. Issue citation as a complete application. The plate may be seized and confiscated Plate shall be destroyed or recycled. ( no longer goes back to registry)
29
What if a police officer start stops a out-of-state vehicle that plates are attached on, what is the penalty?
If a officer learns that an out-of-state vehicle plate is attached, they should charge chapter 90 section 23. The statute does not limit coverage to Massachusetts plates.
30
What is chapter 266 section 139?
Stealing registration plates.
31
What are the elements of stealing registration plates under chapter 266 section 139?
The suspect must take and carry away, another’s license plates that was attached to the vehicle or sign to another.
32
What is the penalty for stealing a registration plate?
Right of arrest with probable cause Or a fine of no less than $500, no more than $1000. Under chapter 266 section 139 there is a Warrantless right of arrest with probable cause authorized.
33
What is considered proper display for registration plates?
The plate number must be clean and unobstructed. Plate must be unobscured where you can read the registration number and letters. It does not matter if they cover the wording around the plate. A tilted license plate may qualify as obscured if the officer cannot see it without moving his head. License plate cover, tinted or not only violates chapter 90 section 6 if it obscure is the registration number or reduces illegibility or reflective quality of the plate. This will carry a penalty of CMV I $40.
34
What is a requirement on a registration rear plate?
A rear plate must have white light and be visible for at least 60 feet at night. Under chapter 90 section 6. The penalty is a civil motor vehicle in fraction of $40.
35
What is the difference between chapter 266 section 139 in chapter 90 s 23?
In section 139 the offense requires proof that the suspect actually took the plate. In contrast chapter 90 section 23 simply requires at the wrong plate appear on the wrong vehicle. For example there are times when officers may see the wrong plate in the wrong car but not believe the place stolen. Or officers might even believe that the Morris knows the plate on his car is stolen but lack the proof that he is the one who took it. And that last case section 23 attaching or 266 section 60 receiving stolen property are the only options for charges.
36
What is a dealer plate under 540 CMR 18.00?
The registry will issue dealer plates to motor vehicle, motorcycle, boat and trailer, and recreational vehicle and trailer dealers in manufacturers. The applicant must be licensed in the city or town where his business is located. The registry decides how many plates to issue. The dealer must have a fleet of at least 20 vehicles for sale.
37
Under 540 CMR 18.00 what is permitted professional use of dealer plates?
Under 540 CMR 18.04, dealers may use their plates to do the following:
Operate or tow a vehicle or trailer which is old owned by the dealer and operated principally for demonstration or sales purposes
-Remove snow from their business using dealer own vehicles
-Transport vehicles to the dealer buys or sells to or from auctions
-Transport vehicles to or from other dealer lots
-Deliver vehicles to buyers
-Loan a vehicle or trailer to a customer for sale or demonstration purposes for a maximum of five consecutive days
38
What is prohibited professional use of dealer plates under 540 CMR 18.04?
Dealer plates may not be used on vehicle owned by the dealer as business equipment. These vehicles must be separately registered, titled and insured, including the following:
- A courtesy bus
- A part or service vehicle
- A tow or ramp truck
- A loaner vehicle provided to customers who’s own vehicle is in for service
- A renter vehicle available to customers of the dealer for any purpose.
39
What is permitted personal use of dealer plates under chapter 60A section 1?
Under the excise tax statute personal use of dealer plates requires that a dealer pay an excise tax of $100 for each dealer plate issued. The dealer may attach a dealer plate to a vehicle from the business inventory then drive it for personal use. However using a dealer plate in this way is limited to the motor vehicle dealer, the dealer spouse, co-owner of the dealership, a qualified co-owner spouse, An employee of the dealer whose duties involve sale of motor vehicles.
40
What is the police enforcement of 540 CMR 18–04 improper use of dealer plates?
Under the section it holds at the improper use of a dealer plate constitutes attaching plates in violation of 90 section 23. As a result the officer should write this on the citation miss use of dealer plate 540 CMR 18–04, check off the box for criminal complaint. The officer should also confiscate the plate under 540 CMR 2.05 and inventory in tow the vehicle.
41
What are registry actions for improper use of a dealer plate?
Under 540 CMR 18.05 if a dealer plate is used for an improper purpose or by an authorized person, the RMV maybe suspend one or more dealer plates, reduce the number of plates assigned, or revoke all plates for a minimum of one year.
42
What is a TNC?
A transportation network company. It is a corporation, partnership or other entity that uses a digital networks to connect writers to drivers for transportation the world most widely recognized TNC’s are Uber and Lyft under general law chapter 159A 1/2.
43
Who do TNCs obtain an operating permit from?
The DPU, the department of public utilities. Permits must be renewed annually. They must maintain updated driver rosters and have toll-free hotlines for riders and driver questions and complaints. Incident reports must be retained for seven years.
44
What are some requirements that TNC operators must do?
- Drivers must fix a decal identifying the TNC to the front and rear of the vehicle,
- Must provide clear inconspicuous fair estimates to Rider’s at all times
- Drivers must use a vehicle that passes a TNC registry inspection protocol
- Drivers may not provide services that were not prearrange through the TNC app
- Drivers must obtain certificates from 10 mL before providing services
- Drivers must display their certificates inside the vehicle
- Drivers must carry proof of adequate insurance
- Riders with special needs must be accommodated
- TNC’s must provide the drivers name, picture, and license plate number to a writer on any digital Netwerk used to facilitate a prearranged ride.
45
What are TNC operate is not allowed to do and police may enforce?
They are not allowed to solicit except arrange or provide TNC services through Street Hills or select solicitations. Not having a TNC, background certificate, or a TNC certificate violates their requirements. Knowingly allowing another individual to use one certificate or identity to provide TNC services, or using a TNC certificate belong to another or misrepresenting one’s identity by means of digital net work is an offense. And failure to produce proof of transportation network driver certificate and background check clearance certificate upon request by law enforcement is also a penalty.
46
What information must be furnished to the police if there is a criminal complaint made against any TNC driver or passenger?
The TNC must provide information to law-enforcement after being served with appropriate legal process. Such information includes the trip origin and destination, the length of the trip, GPS coordinates of the route, driver identification, and information reported to the TNC about the crime.
47
What does 540 CMR 2.05 have to do with?
Commercial plates
48
What kind of vehicle requires a commercial plate?
A commercial vehicle is any vehicle that is not a private passenger vehicle, antique, motorcycle, trailer, semi trailer, taxi, ambulance, hearse, livery, bus, school bus or pupil transport vehicle.
49
What are the elements of a commercial vehicle that requires commercial plates?
- The vehicle has weight of more than 6000 pounds
- Is a pick up truck or cargo van owned by a partnership, trust or corporation
- Has business advertisements or markings on it
- Is hired for snow plowing
- Or is for hire, or is used in ordinary course of the owners business to store or transport goods or merchandise.
50
What is the police enforcement penalties under 540 CMR 2.05?
A commercial vehicle that does not have the appropriate registration plates can be fined $35 or immediate threat complaint to the register who may suspend the operators license and or registration for up to 30 days.
51
What cautions may police have when enforcing 540 CMR 2.05?
This commands that officers do not impound the suspect vehicle or confiscate his plates based on the fact that he displays incorrect type of registration plate.
52
Under chapter 90 D section 32 unauthorized use for possession of title,What is the purpose of a title of a motor vehicle?
The certificate of title identifies the actual owner of a specific vehicle. It is a critical document precisely because it indicates who has the right to possess, transfer or sell a given vehicle. That is the reason why the law declares that the unauthorized use of a title is a crime.
53
Under chapter 90 D section 32 what are the elements of unauthorized use or possession of title?
Under no authorization of title the suspect did not have authorization, under use or possession of title, the suspect used or possessed a title or a salvage title.
54
Under chapter 90 D section 32 how long does a person have to get a certificate of title?
The application must be within 10 days of acquisition. The application for a new title for a vehicle or trailer must be made within that 10 days.
55
What is a Chapter and Section that deals with Vins For motor vehicles?
Chapter 90 section 7R.
56
What is the chapter in section for defacing or altering VIN?
266 section 139 is for criminal offenses.
57
What is a VIN?
A vehicle identification number.
58
What is the purpose of a vin?
All vehicles, trailers, and semi trailers manufactured since 1978 must display a vin. It is The most comprehensive means of identifying any vehicle. The van is a valuable tool for law-enforcement to determine whether a vehicle is stolen or constructed with stolen parts.
59
What are two offenses typically used for VINs?
-Failure to display of an under chapter 19 section 7R,
a less serious civil infraction or
-Defacing or altering event under 266 section 139 is a serious crime.
60
What is chapter 90 section 7R failure to display vin?
The elements of this crime are vehicles, trailers, semi trailers after 1978, registered in Massachusetts under chapter 90 section 2–5, must have in display a Vin in accordance with RMV design and requirements. The penalty is $40 for the first offense $80 for the second offense and $155 for the third offense.
61
What is the crime of defacing or altering under chapter 266 section 139?
There are three ways to violate this under 266 section 139:
1) Intentional alteration event by intentionally and maliciously, remove the face alter obliterate or mutilate or be the cause of this, identifying number or numbers of a motor vehicle or trailer.
2) Transferring tampered vin the suspect may not attempt, cell, transfer or otherwise dispose of any motor vehicle, trailer or motor vehicle part, if he or she has knowledge of tampering of the Vin.
3) Receiving tampered vin, the suspect may not by, receive, possess or obtain control over a vehicle, trailer or motor vehicle part, if he has reason to believe or knowledge of tampering with the Vin.
62
If a person violates chapter 266 section 139 in any of those three ways what can police do?
They may arrest with probable cause. There is a Warrantless arrest upon probable cause and there are two types of felonies for this. Confiscate insecure vehicle, trailer and or motor vehicle part. No citation necessary
63
Under penalties right of arrest and proof of chapter 266 section 139 what happens for type one and what happens for types two and three?
For type one knowledge presumed, for the offense of intentional alteration section 139 states that the following presumption, a person who possesses a tampered vehicle or trailer may be found guilty on the spaces alone, if the facts show that he knew, should have known or had reason to know, that the numbers have been affected.
Four types two and three, knowledge not presumed, interestingly this presumption does not apply to transferring or receiving a tampered vin. The likely basis for this distinction is that the offense two and three cover motor vehicle parts, well first offense does not. Applying the presumption to something is potentially small as a motor vehicle part might be an unfair burden for the accused.
64
What are some of the requirements of a TNC driver?
Drivers must be at least 21 years of age have TNC insurance coverage coverage it cannot be a sex offender or have a bad driving history. A background certificate provides proof that the driver passed. A separate TNC certificate proves that the drivers work for the TNC and is in currently in good standing according to the RMV/DPU.
65
What is chapter 90 section 34J?
Uninsured operation.
66
What is the purpose of chapter 90 section 34J uninsured operation?
Public policy behind vehicle insurance is clear. The law attempts to ensure the motor is in passengers involved in accident will have a chance to recover monetary compensation for their injuries and for damage to their property.
67
What are some of the elements of the crime of uninsured operation?
Some of the elements of chapter 90 section 34JR The suspect must:
operate or allowed to remain, operate or, as owner, allow someone else to operate, or allow to remain ( for example park),
-a motor vehicle or trailer,
-upon a public or private way,
-while no motor vehicle vehicle liability policy/insurance was in effect.
68
What is the penalty for uninsured operation chapter 19 section 30J?
No arrest
- First offense fine if no more than $500
- Second or subsequent offense house of correction no more than one year and or fine of no less than 500 no more than $5000. RV action is suspension for 60 days. Subsequent offense within a six year period, suspension for one year motorist must purchase insurance at the highest rate.
69
Is there a right of arrest for uninsured operation?
There is no rate of arrest. Citation is a complaint application. No rate of arrest, warning is highly disfavored invoice enforcement approach as well.
70
Who does the burden of proof lie on to prove whether or not a A vehicle is insured?
The commonwealth has a burden of proof to prove that the suspect vehicle is uninsured. With the respects to a non-resident chapter 90 section 3 places a burden on the motorist provide proof of insurance.
71
**** New this year***
| What is chapter 266 section 111C
Procuring clients/patients for insurance fraud.
72
What are the elements of procuring client/patients for insurance fraud chapters 266 section 111 C?
The suspect may knowingly:
- act as a runner,
- or use, solicit, direct, higher or employ another to act as a runner,
- for the purpose of defrauding an insured or insurance carrier.
73
Under chapters to 66 section 111 see what is the definition of a runner?
A runner is a person who for monetary benefit, procures or attempts to procure a client, patient or a customer for insurance fraud. A runner does not include a person who Rick refers procurers or attempts to procure clients, patients or customers through the public media (for example advertising)
74
Under chapter 266 section 111 see what is the definition of a provider?
A provider is an attorney, a licensed healthcare professional, an owner operator of a healthcare practice or facility, or any person employed by or acting on behalf of these individuals. And example of this is an attorney with a busy personal injury practice agreed to participate in submitting fragile fraudulent claims the attorney used a runner to stage automobile collisions for new clients. The medical reports for alleged victims were identical.
75
What is the penalty for procuring client/patience for insurance fraud under chapter 266 section 111C?
The penalty is no more than five years of a state penitentiary or House of corrections no less than six months a fine of no less than $1000 or no more than $4000. It is a felony right of a rest.
76
Under chapter 6 document fraud what does chapter 90 section 24B?
Chapter 90 section 24B is altering, 14, or possessing fake vehicle documents.
77
How many types of altering, forging or possessing fake vehicle documents are there?
There are three types of document fraud under this section chapter 19 section 20 for me.
78
What are the elements under Type 1 fraudulent conduct offense?
Under fraudulent conduct offense the suspect may not do the following:
- Falsely make, steal, alter, forge, counterfeit or procure
- To Assist another to falsely make, steel, altar, Forge, counterfeit or cure
- Possess, other, or an anyway make use of a fake, stolen, altered, Forge or kind of it document or,
- Forge, possess, or use without authority a facsimile of the signature or validating stamp of the registrar.
79
Under type one fraudulent conduct offense, what are prohibited documents that must not be directed at?
```
Drivers license
learners permit Massachusetts ID card
Certificate of registration
Inspection sticker
Handicap parking disability placard
```
80
What are the elements of type two under chapter 90 section 24B Impersonation offense?
The suspect Must not impersonate a person named in an application for a drivers license or learners permit, or possess or use a license or permit obtain through impersonation.
81
What is type three fraudulent conduct with intent to distribute under chapter 90 section 24B?
The suspect must not make, steel, forge, counterfeit a license, learners permit, or Massachusetts ID card with the intent to distribute.
82
What are the penalties for the three types of document fraud chapter 90 section 24B?
The penalty for type one or type two is the state penitentiary for no more than five years or house of correction no more than two years, or fine no more than $500.
83
What is the fine for type three under document fraud Chapter 90 section 24B?
Under type 35 or fewer documents the penalty is house of correction no more than one year and or a fine of no more than $500
- 6 to 10 documents is State penitentiary for no more than five years or house of correction no more than 2 1/2 years and or fine of no more than $1000
- More than 10 documents is a State Pennacook Injury no more than 10 years in or a fine of no more than $10,000. RMV action is a minimum of one year license suspension
84
What are the rights of arrest for type one two or three of document fraud under chapter 19 section 24B?
Type one or type two as a felony. No citation should be issued.
Type three the right of arrest for five or fewer documents is a complaint. For six more documents it is a felony. No citation should be issued.
85
What are broad coverage of illegal acts under chapter 19 section 24B?
Not only is it illegal to make Ford steel alter or kind of fit the designated documents, but is also illegal to procure which means to obtain or order online a fake document, possess, other which means to hand if a document to a third-party intending that recipient believe that it’s genuine, in any way make use of which is a catchall phrase that covers any other use that someone might come up with for a fake document, or possess with intent to distribute. This also applies to Massachusetts ID cards chapter 90 section 8E. It also applies to foreign and out-of-state licenses, inspection stickers and registrations.
86
What does chapter 7 of motor vehicle law deal with?
Chapter 7 deals with suspension/revocation.
87
What is chapter 90 section 23?
Operating after suspension/revocation of a license or registration.
88
Under chapter 90 section 23 what are the elements for this offense?
The elements of chapter 90 section 23 are the suspect must operate a vehicle to make it operation, upon any way or in any other area, suspension or revocation drivers license or right to operate, or registration, the suspect must have been sent notice, Or have otherwise been aware that his license or right to operate or registration had been or was about to be suspended/Revoked.
89
How does one enforce for chapter 90 section 23 offenses?
For a suspended/revoked license a citation or warrantless arrest in presence if offense committed on a public way. Otherwise issue a complaint application citation. For a suspended/revoked registration, citation is also a complaint application. No arrest permitted. Or there is operating after suspension/revocation does not have to occur on a public way. A person operating after suspend suspension/revocation may be charged for operating anywhere, but should only be arrested under chapter 90 section 21 when observe traveling on a public way. Only arrest in the presence of the officer. The plan language of chapter 21 indicates that the US power only applies to a violation in presence. You may also use your discretion for arrest versus citation.
90
Under chapter 90 section 23 what’s a Police Authority when it comes to plates and licenses?
If the suspended driver stopped in a vehicle registered to him in Massachusetts, the police officer should remove the Massachusetts plates and tow the vehicle.
- Officers must destroy or recycle the plates. -And immediately fax the report and affidavit form along with any police reports.
- For any suspended drivers stopped in a vehicle registered to another person the police should leave the plates on the vehicle but still have it towed. Immediately fax the report and affidavit form and any police reports. The RMV may direct the registered owner to peer for a hearing in suspend his registration if he was aware of the offending driver suspension status.
- The police should confiscate a suspended drivers license. Suspended or revoked operators should not receive their licenses back, even for identification purposes, because it is too easy for them to try to furnish their license which appears to be valid the next time they are stopped.
91
What does chapter 7 in the motor vehicle law have to do with?
Suspension/revocation of license or registration.
92
Under 90 section 23 operating after suspension/revocation of a license or registration what are the elements of this violation?
- The suspect must operate a vehicle
- Upon anyway or in any other area anywhere
- With a suspension or revocation of drivers license or right to operate, or registration
- The suspect must have been on notice by written notice, or otherwise aware that his license or right to operate or registration was or has been or about to be suspended/revoked.
93
Can you arrest for violations of chapter 90 section 23 operating after suspension of license or registration?
There is a right to arrest if the violation occurred in your presence. Otherwise officers may write them a criminal complaint application.
94
If a police officer believes that the person driving a vehicle has a suspended license or the registration is suspended can they pull them over?
Officers who believe that a persons license or registration is suspended may pull over a vehicle for that purpose. If the person driving is not the registered owner with a suspended license you must let them go/ release them immediately. Unless there’s dire circumstances where a crime is being committed or a body in the car or you see a gun or drugs have to let them go.
95
Is proof of notice needed for someone to be charged with license suspended or registration suspension?
People are notified or proof of notice are done in numerous ways. First the certificate offices may prove this suspect suspended replicated status by obtaining a registry certificate. Registry documents are admissible as business records. Notice be may be received by a household member employer or other agent. A court may order suspension and put it on the court docket. For the motors actual knowledge may be determined on scene by them telling you that they have no license or that they knew they had no license.
96
Explain the situation where a suspension charges are inapplicable to a hardship license violation.
Commonwealth versus Murphy Charles Murphy was issued a hardship license to work allowing him to operate between 8 AM to 8 PM. Murphy was pulled over at 11:40 PM for driving on a flat tire he was arrested for oui and operating after suspension this was incorrect. He should have been charged with 90 section10 operating without a license because he was operating outside of the hours of his hardship license. He was not operating without a license because he did have one but it was a hardship license.
97
Is a suspension charge valid if a defendant never possessed a valid license?
Yes the suspension charges applicable even if the defendant never possessed a valid license so so long as his right to operate was revoked. Commonwealth versus RenKowicz the defendant had been issued a learners permit had numerous violations resulted in the revocation of his driving privileges as a habitual offender. Therefore it was proper for them to charge him with operating after revocation.
98
What is the Defense of “necessity”?
In Commonwealth versus Lora, an officer pulled Lora over for a legal left turn they discovered his suspended license. Lora said they suffered from rheumatoid arthritis and high blood pressure and necessity compelled him to drive to the pharmacy because he cannot afford a taxi no one can drive him and his friend was unwilling to do the errand. In this case the necessity defense does not exonerate the offender because he did not exhaust all other options. In another case where a person was driving erratically in court they said the defense of necessity was OK because his friend was shot and he was trying to drive him to the hospital to save his life.
99
What 3 types of suspension in revocations are there?
Mandatory, discretionary, administrative. Under mandatory the register shall suspend or revoke a persons right to operate if the person is found guilty for certain crimes. Discretionary the registry has discretion to suspend or revoke the license of individuals upon notification of various violations. The register is also allowed to take licenses from operators who are found to pose a risk to public safety as a result of their driving behavior or medical condition. In administrative suspension in revocation with respect to oui’s there is an administrative license revocation process for motorist to refuse a breathalyzer or blood test, or fail a test.
100
What is chapter 90 section 30 be for out of state suspensions?
Chapter 90 section 30B insures that an individual who has lost his license and one state cannot retain or obtain a Massachusetts license.
101
For out of state suspensions what type of suspension will apply if a person is caught driving after suspended in Massachusetts if they have one in another state that is suspended?
If a sister state imposes a suspension that is shorter than the comparable suspension under mass law the longer suspension applies. On the other hand if the sister states suspension as longer Massachusetts will observe the longer suspension. Either way Massachusetts will enforce a longer suspension or the worst suspension.
102
If a person has a valid license from another state but has been suspended in Massachusetts may they be charged with driving after suspended?
A valid license from another state is no defense to operating after suspension in Massachusetts. The defendants valid New Hampshire license did not authorize him to drive a Massachusetts because it’s lit license was suspended here
103
What are two examples of mandatory license suspensions for NON-motor vehicle offenses?
1) Alcohol offenses chapter 138 section 34A and 34C. Any convictions for 30 for a attempting to procure alcohol for a minor or 34C minor in possession result in mandatory loss even if no vehicle is involved in the infraction.
2) Drug offenses chapter 94C and section32E. Convictions of trafficking controlled substances classes AB fentanyl in car fentanyl and adjudication of delinquency for trafficking automatically results in license suspension. Other 94C crimes no longer result an automatic suspension.
104
Under chapter 90 section 22 and 22I what are the three types of improper operators complaints?
Tape 1 immediate threat complaint
Type 2 incompetent operator complaint
Type 3 medical referral.
105
Explain Type 1 of improper operators, Immediate threat complaint chapter 90 section 22a.
The standard for this is the registrar may suspend or revoke without a hearing any registration or license Whenever the holder has committed a motor vehicle violation which would give the registrar reason to believe that continuing operation constitutes an immediate threat to public safety. There must be a public safety threat, driving bad on purpose, they may suspend without a hearing. The The motorist is entitled to a hearing within 30 days.
106
Explain Type 2 incompetent operator complaint chapter 90 section 20b.
An incompetent operator complaint is the driver is a bad driver due to physical or mental issues not on purpose. The standard the registrar may after a hearing suspend or revoke the license or right to operate for 30 days of any person that is incompetent to operate a motor vehicle however where the person is mentally or physically capable of driving the suspension or revocation may exceed 30 days. In this case the registration registrar will not take the license until after a hearing. The notice must be sent to the motorist at least 14days in advance to inform him of the reason for suspension and his right to a hearing. Failure to request a hearing will automatically waive that right and result in the suspension or revocation on the specified date.
107
Explain type three of improper operators Medical referral, chapter 90 section 22I.
The standard is known by Registry officials as “complaint medical”, section 22 I authorize is a police officer or healthcare provider to ask for an evaluation. The written request must present “reasonable cause to believe” that the motorist is physically or mentally incapable of safe operation. Officers and healthcare providers are immune from civil liability for any good faith report. They are also immune if they choose not to report. The registry process is the RMV medical affairs bureau must conduct its review of the operators capacity no later than 30 days from receipt of the report the reports are confidential and not public records.
108
Under types of improper operators what is the proper police protocol for initiating in filing the complaint?
First the sources of police information offices may learn about dangerous or incompetent operation through their own observations or information they receive from other people. Officers may act on information obtained from either source. Citizens may no longer independently apply to the RV the local police must do this. Always execute written citation or warning for infractions. Always issue a citation for any violation is the best practice because a written violation corroborates incident which may be challenged at the RMV hearing. He may file or fax detail report using designated forms an extra pages if necessary. Like any police report details are crucial.
109
Under types of improper operators chapter 90 section 22 what are factors in proper considerations police officers must have For immediate threat charges?
For immediate threat focus on factors that make an individual a public safety risk for example flagrancy violation for example how blatant and dangerous their driving was. Attitude of operator, was it apologetic or unrepentant? Previous driving history including other uncharged incidents for which the officer has reliable information.
110
Under improper operators chapter 90 section 22 what are the factors in proper considerations when charging or writing for incompetent/medical impaired operators?
Objective factors, focus on factors and pair a persons ability to drive. For example physical factors such as eyesight, hearing, strength, mobility, illness or adverse reactions to medication. Mental factors would encompass operators awareness of surroundings, of time and place, even of his identity.
111
What are improper considerations when charging something someone with incompetent/medical impairment?
- Age or gender should never be implied as a factor in an officers decision especially when dealing with an elderly driver.
- Chance to get even with motorist. The immediate threat is powerful because the registrar revoked license without a hearing. It should never be used as an additional sanction for a motorist who talks back. Multiple flagrant violations are key under the section.
112
Can a police officer suspend or revoke a motorist license in the field?
No only the registry may suspend or revoke a motor motorist license based on immediate threat complaints. There’s also no independent basis to tow a motorist vehicle because an immediate threat complaint has been filed.
113
What is chapter 8 in motor vehicle I have to deal with?
Chapter 8 of Motor vehicle law deals with vehicle equipment like seatbelts, inspections, in specific requirements.
114
Under children under 13 years old chapter 90 section 7 AA what are the requirements for wearing seatbelts or a safety restraint?
Any child UNDER the age of 8 must be secured by a child passenger restraint system unless the child is more than 57 inches or 4’9” tall. For children UNDER the age of 13 must wear a safety belt properly adjusted in fast fast and according to the manufacturers instructions. For example can’t cover his face or neck.
115
What are 3 seatbelt exceptions for children under the age of 13?
1) Riding in a school bus, 2) riding in a vehicle made before July 1, 1966 without seatbelts, and
3) if the child is physically unable to do so, and it is certified in writing by a physician why a child cannot be in a restraint system. For example children with special needs.
116
How can you enforce for seatbelt violations?
Find me the primary enforcement officers may use on the chapter section 7 AA violation is that seeing a child without a seatbelt is the basis for a stop. You will always site the vehicle operator unless the child is 16 years OR older. The driver should be fined $30 for each unrestrained child. And the only exception for this is if a child rides unrestrained in a taxi cab driver may not be fine for this.
117
What are seatbelt violations for chapter 19 section 13 A for children the age of 13 years or older?
13 years or older children riding in a vehicle that is being operated upon a way and not fastened in a seatbelts “properly” can be fined for this.
118
What are the exceptions to seatbelt violations for children ages 13 or over under chapter 90 section 13A?
The exceptions for section 13 AR vehicles manufactured before July 1, 1966 that does not have seatbelts, passengers or operator is medically unable to use a seatbelt with a certified By a physician, a rural postal carrier, operator of a taxi livery tractor non-school bus, or truck over 18,000 pounds, Passengers in an authorized emergency vehicle, and police officers.
