MOTOR VEHICLE LAW

Question 1

Motor Vehicle Law Sources

Answer 1

• Massachusetts General Laws (MGL)
• Code of Massachusetts Regulations (CMR)
• City Ordinances & Town by Laws

Question 2

Two types of Motor Vehicle Violations

Answer 2

• Civil Motor Vehicle Infractions (CMVI)
• Criminal violations

Question 3

Chapter 90 Powers of Arrest (USA SIR)

Answer 3

Unlicensed operation
Operating with a Suspended or revoke license.
Knowingly use a motor vehicle without Authority.
Leaving the Scene of a personal injury motor vehicle crash
Operating under the Influence
Refusal to submit to a police officer upon request.

Question 4

Key Elements

Three elements are required to charge a person with a motor vehicle offense:

Answer 4

• A Motor Vehicle
• Being operated on
• A Public way or public access and in some instances a private way

1. Motor Vehicle
2. Operated
3. Public way

Question 5

Elements 1: Motor Vehicle

Answer 5

Under MGL 90 S1, a motor vehicle is “ all vehicles constructed and designed for propulsion by power other than muscular power, constructed and designed for propulsion by power, including such vehicles when pulled or towed by another motor vehicle.”

• Cars
• Trucks
• Motorcycles
• All-terrain, recreation, and snow vehicles
• Vehicle being towed

Question 6

Elements 2: Operation

Answer 6

• Any person who operates a motor vehicle.
• A person is “operating” a motor vehicle:
  - Whenever they are inside the vehicle, and
  - intentionally manipulates some mechanical or electrical part of the vehicle
  - The part, alone or in sequence, will set the vehicle in motion.
• The motor vehicle does NOT need to moving or for the engine to be running.
  - must intentionally do something that makes use of the engine.
  - sitting in the motor vehicle, with out more, is not enough. Commonwealth v. Plowman

Question 7

Elements 3: Public Way

Answer 7

Any street or highway open to the public and controlled and maintained by some level of government. This includes interstates, state highways, and municipal streets and roads. Indicators of a public way:
* Street signs
* Traffic signals
* Asphalt or concrete surface
* Painted lane and passing zone lines
* Adjacent curbing, sidewalks and drainage
* Government deeds and certification documents

Question 8

Elements 3: Public Access

Answer 8

Right of Access:
* all “non-ways” were the general public has a right of access, and
* where motor vehicles are regularly driven.
- e.g., parking lots, public parks, or areas adjacent to government buildings

   Invitee or licensee:  *	public access by request, invitation or implicit permission from a business establishment or owner.