MV Ch. 4- Regulating Operators: Licenses & Learners Permits Flashcards
(122 cards)
1
Q
The right to operate a motor vehicle is referred to as a (blank) in Massachusetts.
A
Privilege
2
Q
The right to operate a motor vehicle is referred to as a privilege in Massachusetts, that is conferred by: (3)
A
- A license
- A learner’s permit; or
- The right of properly licensed nonresidents to drive here.
3
Q
Any person who operates a motor vehicle or combination of motor vehicles:
- Not included within the class of license issued; or
- Without required endorsements; or
-In violation of license restrictions; or - In violation of the terms of a learner’s permit; or
- In violation of am out-of-service order
is:
A
operating a motor vehicle without a license.
4
Q
Unlicensed:
Who is the burden on?
A
The burden is on the motorist to prove he has a license; not on officers to prove that he does not have one.
-Even so, officers should still take steps to prove the suspect’s unlicensed status by obtaining a certificate from the registry (“certified copies…attested by the registrar… shall be admissible as evidence in any court of the commonwealth to prove the facts contained therein)
5
Q
Is public way an element for 90 Sec 10 Unlicensed Operation?
A
No.
*Unlike other vehicle offenses (ex. OUI) which require operation on public way, 90 sec 10 requires that motorist operate on a “way”, which is a more inclusive term.
Way: “any public highway, private way laid out under authority of statute, way dedicated to public use, or way under the control of a park commissioner or body having like powers”
6
Q
90 Sec 10 Unlicensed
Within the definition of a “way”, the key phrase is:
A
“way dedicated to public use”
This basically means any passage way which members of the public routinely drive on- such as access roads within mall parking lots, and roads within private living complexes and business developments.
7
Q
As of July 1st, 2023, Massachusetts began issuing two drivers licenses- so that citizens AND undocumented foreign residents who live in Massachusetts can get a license. The two licenses are:
A
- Massachusetts REAL ID License
- Massachusetts License
8
Q
Massachusetts REAL ID License:
To get a license that complies with the federal REAL ID Act, applicants must provide documents proving their identity AND lawful presence in the United States. In addition to driving privileges, a REAL ID license may be used for:
A
other purposes governed by federal law, such as boarding a commercial airliner.
9
Q
Massachusetts License:
A Massachusetts license may be obtained by persons who do not have proof that they are lawfully present in the United States. This License permits driving, but will not be accepted for purposes governed by federal law. Applicants for a Massachusetts license must prove:
A
They live here, and provide the RMV with two (2) documents that prove their identity and date of birth.
- First, a valid and unexpired foreign passport or consular ID card, and
- Second, a valid/ unexpired foreign driver’s license from a U.S. state or territory; or original or certified copy of a birth certificate; or foreign national ID card; or foreign driver’s license; or marriage certificate or divorce decree issued by an U.S. state or territory.
*The documents must include at least one photo identification and one validated date of birth. If provided in a foreign language, they must be accompanied by a certified English translation.
10
Q
Motorist NEVER ISSUED license or learner’s permit:
Enforcement options:
A
- Arrest in Presence 90 Sec 10 and Sec 21
- Complaint 90 Sec 10
- Written/verbal warning (highly disfavored)
May NOT issue CMVI
11
Q
Motorist NEVER ISSUED license or learner’s permit:
Military exception if MA resident returning from active duty (outside the United States):
A
45 day grace period
-provided he possesses a license to operate in a foreign country issued by the armed forces.
12
Q
Motorist has EXPIRED license or permit:
A
- Arrest in Presence 90 Sec 10 and Sec 21
- Complaint 90 Sec 10
- Written/verbal warning
May NOT issue CMVI
13
Q
Motorist has EXPIRED license or permit:
Military exception if motorist’s MA license expired during active duty.
A
60 day grace period following honorable discharge.
Operator must carry his expired license and proof of his discharge.
14
Q
Motorist has EXPIRED license or permit:
RMV may issue a temporary license known as the (blank) who has either lost his license or is unable to return before it expires.
Temporary is valid for a maximum of 120 days after expiration of motorist’s original license.
RMV only grants one extension.
A
E-10
15
Q
Motorist has EXPIRED license or permit:
RMV may issue a temporary license known as the (blank) who has either lost his license or is unable to return before it expires.
Temporary is valid for a maximum of (blank) days after expiration of motorist’s original license.
RMV only grants one extension.
A
120 days.
16
Q
Motorist has EXPIRED license or permit:
RMV may issue a temporary license known as the (blank) who has either lost his license or is unable to return before it expires.
Temporary is valid for a maximum of 120 days after expiration of motorist’s original license.
How many extensions will the RMV grant?
A
One.
17
Q
Motorist has improper classification: (ex. defendant was licensed to drive a car but not a motorcycle)
Enforcement options:
A
- Arrest in presence 90 Sec 10 and Sec 21
- Complaint 90 Sec 10
- Written/verbal warning
May NOT issue CMVI
Note: The RMV does not typically suspend a motorists license for a 90 Sec. 10 violation. However, junior operator’s who violate the passenger restriction will lose their license. Also, those with Commercial Driver’s Licenses (CDL) will lose their license for most offenses.
18
Q
Will Junior Operators who violate the passenger restriction lose their license?
A
Yes.
19
Q
Motorist operating in violation of license or permit RESTRICTION (ex. operator is not wearing glasses, which appears as Restriction B)
Enforcement Options:
A
- Arrest in presence 90 Sec 10 and Sec 21
- Complaint 90 Sec 10
- Written/verbal warning
May NOT issue CMVI
(Ex. officer justified in stopping vehicle at 2:00am, since he knew the driver was violating a curfew restriction stemming from a probation violation)
20
Q
Learners Permit Operator:
Requirements of accompanying motorist: (4)
A
- At least age 21; and
- At least 1 year of driving experience; and
- Holds a valid license from MA or another state; and
- Occupies the seat next to the driver
21
Q
Learners Permit Operator NOT Accompanied by motorist:
- At least age 21; and
- At least 1 year of driving experience; and
- Holds a valid license from MA or another state; and
- Occupies the seat next to the driver
Enforcement Options:
A
- Arrest in Presence 90 Sec 10 and Sec 21
- Complaint 90 Sec 10
- Written/verbal warning (highly disfavored)
CMVI $40 90 Sec. 8B
Note: The accompanying license holder (except for an RMV examiner) is also fully liable for violations committed by the learners permit holder.
22
Q
Learners Permit Operator:
True or false?
The accompanying license holder (except for an RMV examiner) is fully liable for violations committed by the learners permit holder.
A
True.
23
Q
Learner’s Permit Operator Fails to have learner’s PERMIT IN POSSESSION while driving:
Enforcement Options:
A
- Arrest in presence 90 Sec 10 and Sec 21
- Complaint 90 Sec 10
- Written/verbal warning
- Have licensed operator take control of the vehicle
May NOT issue CMVI
24
Q
Learner’s Permit Operator Fails to have learner’s PERMIT IN POSSESSION while driving:
90 Sec. 8B (Learners Permit Violations) insists that the Learner’s Permit Operator possess his permit while driving. Otherwise, the LPO is considered unlicensed under 90 Sec. 10.
Does 90 Sec. 11 (License not in possession) apply in this situation?
A
No.
25
Learners Permit Operator driving between 12:00am and 5:00am:
Exceptions for LPO hours restrictions: (3)
1. LPO is 18 years old or over; or
2. Is under 18, but accompanied by a parent/ guardian who is validly licensed with at least 1 year of driving experience; or
3. Is and "emancipated minor"
26
Learners Permit Operator driving between 12:00am and 5:00am, and does NOT meet one of the following exceptions:
1. LPO is 18 years old or over; or
2. Is under 18, but accompanied by a parent/ guardian who is validly licensed with at least 1 year of driving experience; or
3. Is and "emancipated minor"
Enforcement Options:
1. **Arrest in Presence 90 Sec 10 and Sec 21**
2. Complaint 90 Sec 10
3. Written/verbal warning (highly disfavored)
**May NOT issue CMVI**
Note: The accompanying license holder (except for an RMV examiner) is also fully liable for violations committed by the learners permit holder.
27
CDL Operator lacks proper ENDORSEMENT: (ex. CDL driver operates a tank vehicle without the "N" endorsement)
1. **Arrest in Presence 90 Sec 10 and Sec 21**
2. Complaint 90 Sec 10
3. Written/verbal warning (highly disfavored)
**May NOT issue CMVI**
28
CDL Operator Violating OUT-OF SERVICE order:
Enforcement Options:
1. **Arrest in Presence 90 Sec 10 and Sec 21**
2. Complaint 90 Sec 10
3. Written/verbal warning (*VERY* highly disfavored approach)
**May NOT issue CMVI**
29
Licenses:
Definition of Nonresident:
Nonresidents have a legal residence in another state.
- Nonresidents also live in the U.S. territories (American Samoa, Puerto Rico, Kingman Reef, etc etc)
30
Licenses:
What is the grace period for nonresidents once they becomes residents?
There is NO GRACE PERIOD for non residents once they become residents.
-As soon as they take up residence here, former nonresidents must obtain a valid MA driver license or learners permit.
(temporary licenses available to obtain before moving)
31
Licenses:
Nonresident vs resident
Chown Case (Hyannis bartender, New Brunswick license and reg, Trooper knew he lived and worked in MA- SJC said invalid because it didn't meet specific registry factors outlined in 90 sec 3.5)
How should officers apply the Chown case?
Step 1: Always, the first issue is the validity of the motor vehicle stop.
Step 2: Production of license: Once the motorist provides an out-of- state or foreign license, the issues are: (1) whether the document is valid; and (2) whether the motorist is a resident.
Step 3: Residency factors: When officers develop a good faith belief that a motorist may be a Massachusetts resident, they should engage in a brief, roadside inquiry under 90 sec 3.5
" Shall be deemed to be a resident of the Commonwealth during any period in which he..." (Factors listed from most to least obvious)
- Is Registered to vote in the Commonwealth
- Paid resident tuition rates or is receiving free public school tuition for a child
- Filed a Massachusetts resident income tax return
- Applied for and received public assistance from the Commonwealth
- Declared a home mortgage settlement
- Obtained homeowner's liability insurance coverage
- Filed a certificate of residency
- Obtained a real estate exemption
- Obtain any benefit, exemption, deduction, entitlement, license, permit, or privilege by claiming a principal residence in the commonwealth.
*Caution: These factors MUST control the arrest decision*
Step 4: Arrest decision: If the discussion concerning these factors obviously indicates that the motorist is a Massachusetts resident, then officers may arrest him pursuant to 90 Sec. 10 and 21.
32
Licenses:
Proving resident vs nonresident:
If the roadside investigation is inconclusive, DO NOT ARREST (for Unlicensed)
Instead officers have a choice:
1. Just let it go! -officers may allow the motorist to continue to operate on the valid nonresident/foreign license initially presented and end their investigation
2. Or, officers may record the biographical information of the motorist and allow him to drive away. They may then conduct an investigation into this person's residency status.
- Armed with certified proof, officers could send or deliver a citation to the motorist for a violation of 90 Sec 10 and, depending on the facts, a violation of 90 sec 3.5 (Register MV improperly to avoid taxes/premiums)
33
Licenses:
Nonresident exemptions: (2)
1. Nonresident students
2. Nonresident active duty military members and SPOUSES.
34
Licenses:
Nonresident active duty military members and SPOUSES: who are not from Massachusetts but on assignment here, do not need to get a Mass license. They simply must have:
valid driver's licenses from their home state.
However, this exemption does *not* apply to their children or any other family member.
35
Licenses:
Nonresident active duty military members and SPOUSES: who are not from Massachusetts but on assignment here, do not need to get a Mass license. They simply must have valid licenses from their home state.
However, this exemption does not apply to:
their children, or any other family member.
36
Motorist has valid out-of -state license, but NOT IN THEIR POSSESSION or accessible:
Enforcement Options:
1. **Arrest in Presence 90 Sec 10 and Sec 21**
2. Complaint 90 Sec 10
3. Written/verbal warning
**May NOT issue CMVI**
37
Motorist is under 16 years old, eve if motorist has been issued a valid out-of-state license:
Enforcement Options:
1. **Arrest in Presence 90 Sec 10 and Sec 21**
2. Complaint 90 Sec 10
3. Written/verbal warning
**May NOT issue CMVI**
38
Out of state: Motorist NEVER ISSUED LICENSE; or license EXPIRED; or CLASSIFICATION or RESTRICTION VIOLATION on ou-of- state license
Enforcement Options:
1. **Arrest in Presence 90 Sec 10 and Sec 21**
2. Complaint 90 Sec 10
3. Written/verbal warning
**May NOT issue CMVI**
39
Out-of-state Learners Permit Operator VIOLATION:
Enforcement Options:
1. **Arrest in Presence 90 Sec 10 and Sec 21**
2. Complaint 90 Sec 10
3. Written/verbal warning (Highly disfavored approach)
4. *CMVI $40*
Enforcement note: A learner's permit issued by another state is valid in Mass, provided the LPO conforms to 540 CMR 2.06. Therefore, officers should simply treat any out-of- state LPO exactly as they would treat a Mass LPO. The accompanying license holder is also fully liable for LPO violations.
40
90 Sec. 10 is arrestable under:
90 Sec. 21 (Arrest without a warrant)
41
Under 540 CMR 2.06, licenses are classifed according to:
the type of vehicle that the license holder may drive.
Notes: Classes A,B,C are CDL- A driver may only have one CDL from one state. Classes D and M are not CDL- they apply to regular drivers
42
License Classifications
1. GCWR 26,001 or more pounds, towing more than 10,000 pounds
2. GCWR 26,001 or more pounds, towing less than 10,000 pound
3. Designed to transport 16 or more passengers including driver, or is to be placarded for hazardous materials
4. Typical motorist
5. Motorcycle
1. Class A
2. Class B
3. Class C
4. Class D
5. Class M
43
Are firefighters exempt from CDL licensing requirements?
Yes. may operate "emergency or fire equipment" with a Class D license.
44
The license holder's classification entitles him to operate certain types of vehicles, while restrictions limit:
the manner in which he may safely operate.
A motorist who violates a restriction is Operating Without a License under 90 Sec. 10 and is subject to arrest.
45
Chart 2: License Restrictions:
Code B:
Corrective lenses
Prescription corrective eyeglasses or contact lenses must be worn.
46
Chart 2: License Restrictions:
Code I:
Junior Operator's License
"Junior Operator" appears on the face of the JOL indicating an under 18 motorist.
47
Chart 2: License Restrictions:
Code H:
Limited to Employment
Usually referred to as a "Hardship License". This restriction allows a person who license has been suspended or revoked to drive to and from work. Valid hours are printed on the license
48
Chart 2: License Restrictions:
Code G:
Limited to Daylight only
Operator cannot operate during hours of darkness. Most commonly given to persons that have difficulty seeing at night (known as "night blindness")
49
Chart 2: License Restrictions:
Code J:
Other
At times, the registrar will impose other restrictions upon specific operators. In such cases, a restriction card must be carried in addition to the license (e.g. if there are too many restrictions to put on the license)
50
Chart 2: License Restrictions:
Code T:
Code T: **Ignition Interlocking Device**
Cannot operate without properly using and maintaining a certified ignition interlocking device
51
Junior Operator's License (JOL):
May a junior operator operate a vehicle requiring a CDL?
No.
52
Junior Operator's License (JOL):
Passenger Restriction:
No operation with a passenger under 18, within 6 months of operator receiving Junior Operator's License.
There are 3 exceptions:
1. ANY immediate family member
2. When accompanied by a:
-Licensed Driver
- Who occupies the seat next to the JOL
- At least **21** years old
- and has atleast 1 year driving experience; or
3. The JOL is an "emancipated minor"
53
Junior Operator's License (JOL):
Passenger Restriction Violation (passengers under 18, first 6 months)
Enforcement Options:
NO Arrest permitted
NO Complaint Permitted
Written/verbal warning
**CMVI $40**
RMV Suspension
Officers should *never* allow a violation to persist. For example, remove passengers from the car and arrange alternative transportation- then the JOL is free to drive away.
54
Junior Operator's License (JOL):
Jimmy has a JOL and he picks up Stacy, who is 17 years old. Jimmy has had his JOL for 7 months. Is this a violation?
No. Passenger violations only apply within the first 6 months.
55
Junior Operator's License (JOL):
Jimmy got his JOL 10 days ago. He picks up his 15 year old sister from a party because she is drunk. Is Jimmy in violation of the JOL law?
No. Immediate family member.
56
Junior Operator's License (JOL):
What age must the passenger be to constitute a passenger restriction violation?
Under 18
57
Junior Operator's License (JOL):
Passenger Restriction Violation:
Strongest action:
CMVI $40
58
Junior Operator's License (JOL):
Hour Restriction Violation:
Strongest Action:
Arrest in presence pursuant to 90 Sec 10 and 21.
59
Junior Operator's License (JOL):
Hours Restriction Violation:
What constitutes a violation?
No driving between **12:30AM and 5:00AM**
Two exceptions:
1. When accompanied by a **parent or guardian**, who does *not* need to be a licensed driver; or
2. The JOL is an "emancipated minor"
60
Junior Operator's License (JOL):
Hours Restriction Violation:
No driving between **12:30AM and 5:00AM**
There are two exceptions, what are they?
1. When accompanied by a **parent or guardian**, who does *not* need to be a licensed driver; or
2. The JOL is an "emancipated minor"
61
Junior Operator's License (JOL):
Hours Restriction Violation:
Primary enforcement hours:
Secondary enforcement hours:
Primary = 1AM to 4AM
Secondary= 12:30-1:00 am
4:00- 5:00am
*Officers may NOT engage in primary enforcement of the JOL hours restriction from 12:30am to 1:00am and from 4:00am-5:00am. During these hours only, the initial police stop must be based on another violation- similar to the adult seat belt law.
62
Junior Operator's License (JOL):
Hours Restriction Violation:
Between 1AM-4AM (primary enforcement), is an officer justified in stopping a vehicle solely on the basis that the operator appears to be under 18 years old?
Yes. Valid stop.
63
Mandated registry suspensions and courses for JOL violators:
For committing either a passenger or hours violation, a junior operator will now have his license suspended for:
60 days (first offense)
(180 for 2nd, 1 year for 3rd of subsequent)
2ND offenders must also complete a course that encourages "attitudinal changes in young drivers" prior to license reinstatement.
64
Junior Operator's License (JOL):
Hours Restriction Violation:
Enforcement Options:
1. **Arrest in Presence 90 Sec 10 and Sec 21**
2. Complaint 90 Sec 10
3. Written/verbal warning
**May NOT issue CMVI**
- RMV suspension
65
JOL: Hours and Passenger Restrictions:
This term applies to children under age 18 who are "on their own." These kids may have no alternative to driving at night during restricted hours for employment. The registry has not stated what constitutes a (blank) so officers should use their common sense and ask the young motorist: "Do you live with a parent or guardian?".
"Emancipated minor"
-If officers conclude the minor is "emancipated", they cannot take enforcement actions (for JOL hours and/or passenger restrictions)
66
A CDL operator who operates without proper endorsement is considered:
Unlicensed 90 sec 10 and subject to arrest under 21.
67
CDL
Code H:
Hazardous
68
CDL
Code N
Tank vehicle
69
CDL
Code X
Hazardous Materials and Tank Vehicles
X combines "H" and "N" endorsements
70
CDL
Code P
Passenger Transport
71
CDL
Code T
Doubles and Triples
allows for operation of vehicles drawing 2-3 semi-trailers or trailers.
72
Under 90F Sec 1, an out-of-service order is:
" a declaration by an authoriized enforcement officer of a federal, state, Canadian, Mexican, or local jurisdiction that a driver or a Commercial motorist is out of service.
73
Out of service orders:
While any officer may stop a commercial vehicle for an appropriate reason (ex. speeding), out-of-service orders may only be issued by:
A Federally certified police officer.
-"Federally certified commercial vehicle enforcement officer"
**Only exception to a federal certification requirement: Any officer may issue an out of service order for OUI.
74
75
Out of service orders:
While any officer may stop a commercial vehicle for an appropriate reason (ex. speeding), out-of-service orders may only be issued by a federally certified police officer.
The only exception to a federal certification requirement: Any police officer may issue an out of service order for:
OUI
76
Out of service orders:
May Federally certified officer randomly select a commercial motor vehicle for an administrative safety inspection without first observing a vehicle infraction?
Yes.
77
Out of service orders:
Overall Reasons to issue out-of-service order:
Criteria falls into two categories:
1. Condition of the drivers (ex. drivers must keep accurate logs so that investigators can ensure they are obtaining enough rest for safe operation)
2. Condition of the vehicle. ("13 critical components")
78
Out-of-service orders:
A violator of an out-of-service order is:
operating without a license and subject to arrest
79
Out-of-service orders:
Suggested Procedures for Noncertified Officers:
Best practice:
Best enforcement practice:
1. Notify State police CVES to confirm and/or assist with arrest of out of service offender
2. Notify the company that owns the commercial vehicle and record the name of the contact person.
80
Failure to report name or address change Ch. 90 Sec. 26A
Elements:
1. The suspect has a Massachusetts driver's license, learner's permit, or vehicle registration; and
2. He failed to notify the registry, *in writing*, of any change in his name, or residential or mailing address within 30 days.
81
Failure to report name or address change Ch. 90 Sec. 26A
How long do you have?
30 days.
82
Failure to report name or address change Ch. 90 Sec. 26A
Penalty:
RMV Action:
CMVI $40
RMV: May revoke or suspend license or registration
83
90 Sec 11- No license OR registration in POSSESSION.
Type 1: License or Registration not accessible
Elements:
1. Operation on WAY
2. License or registration not accessible
The suspect must operate a vehicle on a way; and the suspect is a resident of Massachusetts who, at the time he is stopped, does not have his license and/or registration in possession or in an easily accessible place.
84
90 Sec 11- No license OR registration in POSSESSION.
Type 2: Failure to Display following accident:
Elements:
1. Knowingly collide
2. Fail to exhibit
The motorist knowingly collided with or caused injury to a person or damaged property; and, upon request of the person injured or in possession of the property, failed to exhibit his license and, if required to have one for the particular vehicle, his registration.
85
The motorist knowingly collided with or caused injury to a person or damaged property; and, upon request of the person injured or in possession of the property, failed to exhibit his license and, if required to have one for the particular vehicle, his registration.
90 Sec 11- No license OR registration in POSSESSION.
CMVI $40
86
90 Sec 11- No license OR registration in POSSESSION.
Penalty:
CMVI $40
87
90 Sec. 12- Permitting Unlicensed Operator:
Suspect **Knowingly** commits one of the following acts: (3)
1. Employ as a motor vehicle operator, anyone who is not properly licensed; or
2. Permit an unlicensed or suspended operator to operate a motor vehicle owned by the suspect of under his control; or
3. Permit an operator (with an interlock restriction license) to operate a motor vehicle owned by the suspect or under his control without a functioning interlock device.
88
The suspect knowingly committed one of the following acts:
1. Employ as a motor vehicle operator, anyone who is not properly licensed; or
2. Permit an unlicensed or suspended operator to operate a motor vehicle owned by the suspect of under his control; or
3. Permit an operator (with an interlock restriction license) to operate a motor vehicle owned by the suspect or under his control without a functioning interlock device.
90 Sec. 12- Permitting Unlicensed Operator
ROA:
Only 1st offense of employing an unlicensed operator = CMVI $1005
All other offenses = complaint
89
90 Sec. 12- Permitting Unlicensed Operator:
ROA:
Employ, 1st offense= CMVI $1005 (subsequent= complaint)
Permit unlicensed or suspended operator= complaint
Permit an operator (with and interlock restriction license) to operate a motor vehicle owned by the suspect or under his control without a functioning interlock device = complaint.
RMV Action: Registrar may suspend the registration of a vehicle used to commit this offense, and/or the license or right to operate of a person who commits this offense for NMT 1 year
90
International Motorists:
International Drivers License Vs International Drivers Permit:
Which one is real?
International Driver's **Permit**
91
International Motorists:
Under 90 Sec. 10, any foreign operators are driving without a license if they fail to comply with any of the following conditions:
1. At least (blank) years old
2. A resident of a country (blank)
3. In (blank) of his license or with it in an easily accessible place in the vehicle.
4. Complying with his license (blank) and any other restrictions
5. In possession of an (blank) or an acceptable alternative translation document if the foreign license is not written in English.
1. 16 years old
2. country approved by RMV (basically every country now)
3. Possession of license
4. classification (ex. if you need glasses to drive in France, you need them here)
5. International Driving Permit (If your foreign license is not written in English)
Important note: A foreign driver is no longer limited to using their foreign driver's license in Massachusetts for 1 year. If they have a valid license form their home country and valid International Driver's Permit, they can drive forever. HOWEVER: If the foreign driver is a Massachusetts **RESIDENT**, they must get a Massachusetts license since the law now allows undocumented Massachusetts residents to obtain a valid Driver's license.
92
International Motorists:
A foreign driver is no longer limited to using their foreign driver's license in Massachusetts for 1 year. If they have a valid license form their home country and valid International Driver's Permit, they can drive forever. HOWEVER:
If the foreign driver is a Massachusetts **RESIDENT**, they must get a Massachusetts license since the law now allows undocumented Massachusetts residents to obtain a valid Driver's license.
93
International Motorists:
When does an international motorist need an International Driver's Permit?
If their foreign license is not written in English.
94
International Motorists:
Does and international motorist need to legally drive in Massachusetts?
-In possession of license (from home country)
-International Driver's Permit (if license is not written in English)
- Also: At least 16 years old, from country approved by RMV, and in compliance with license (from home country) classifications and any other restrictions.
95
(Blank) is a translation into 10 languages of the license issued by the driver's home country.
International Driver's **PERMIT**
- The IDP itself does not confer driving privileges, but it does provide an authorized translation.
96
How do you know an International Driver's Permit is fraudulent?
Ex. address listed is from Brockton, etc.
An IDP has to list an address from the motorists home country, because they would have needed their license in their home country to obtain a valid IDP.
97
Does an International Driver's Permit confer driving privileges?
No, but it does provide an authorized translation.
98
International Motorists:
Under 90 Sec. 10, any foreign operators are driving without a license if they fail to comply with any of the following conditions:
1. At least 16 years old
2. A resident of a country approved by the RMV
3. In possession of his license or with it in an easily accessible place in the vehicle.
4. Complying with his license classification and any other restrictions
5. In possession of an International Drivers Permit or an acceptable alternative translation document if the foreign license is not written in English.
Any violation, what are your enforcement options:
1. Often the best approach: Complaint under 90 Sec 10
2. Arrest under 90 Sec 10 and 21
NOT Recommended: Verbal warning- officers do not have authority to allow unlicensed operation (this is less of an issue if there is another licensed driver to move vehicle form scene)
**MAY NOT ISSUE CMVI**
99
International Motorists:
1. At least 16 years old
2. A resident of a country approved by the RMV
3. In possession of his license or with it in an easily accessible place in the vehicle.
4. Complying with his license classification and any other restrictions
5. In possession of an International Drivers Permit or an acceptable alternative translation document if the foreign license is not written in English.
May officers issue a CMVI for a violation?
NO.
Also note: burden of proof is the *foreign motorist* in prosecution.
100
Vehicles registered in another country:
What is the *International Sign*
A white oval containing one to three black letters identifying the country.
101
Vehicles registered in any other country being operated in Massachusetts:
May be operated in the Commonwealth, provided the car: (4)
1. Is a passenger vehicle
2. Displays the proper plates
3. Meets minimum Massachusetts insurance standards (unless operated for less than 30 days); and
4. Displays the International Sign (except for Canadian and Mexican vehicles), which is a white oval containing one to three black letters identifying the country.
102
Vehicles registered in any other country being operated in Massachusetts:
May be operated in the Commonwealth, provided the car:
1. Is a passenger vehicle
2. Displays the proper plates
3. Meets minimum Massachusetts insurance standards -unless operated for less than (BLANK); and
4. Displays the International Sign (except for Canadian and Mexican vehicles), which is a white oval containing one to three black letters identifying the country.
30 days.
103
Social Security Numbers:
Since the inception of SSN's, the first three digits were determined by the zip code of the mailing address shown on the SSN application (typically one's birthplace)
In 2011, the Social Security Administration (SSA) changed how SSN's are issued- in an effort to increase the number available and to reduce identity theft. SSA now randomly issues SSN's throughout the country. New SSN's will have the number "8" in position 1. Some will have "7". However, the SSA will NOT issue SSNs:
- Beginning with the number "9"
- Beginning with the number "666" in positions 1-3
- Beginning with the number "000" in positions 1-3
- With the number "00" in positions 4-5
- With the number "0000" in positions 6-9
104
Social Security Numbers:
Since the inception of SSN's, the first three digits were determined by the zip code of the mailing address shown on the SSN application (typically one's birthplace)
In 2011, the Social Security Administration (SSA) changed how SSN's are issued- in an effort to increase the number available and to reduce identity theft. SSA now randomly issues SSN's throughout the country. New SSN's will have the number (blank) in position 1. Some will have (blank).
"8" in position 1. Some will have "7"
However, the SSA will NOT issue SSNs:
- Beginning with the number "9"
- Beginning with the number "666" in positions 1-3
- Beginning with the number "000" in positions 1-3
- With the number "00" in positions 4-5
- With the number "0000" in positions 6-9
105
Under 6 Sec 220, officers must request a facial recognition search (blank), and have it performed by the State Police , FBI, or RMV.
in writing.
Note: Type 1 requires a court order supported by **reasonable suspicion** 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
Type 2: Does not require a court order. Instead, send and email to state police:
-To identify a deceased person; or
- *In an emergency*, to prevent a substantial risk of harm to an individual or group.
106
Who may perform facial recognition searches? (3)
-State police
-FBI
-RMV
107
Under 6 Sec 220, officers must request a facial recognition search in writing, and have it performed by the State Police , FBI, or RMV.
There are two ways to obtain this under the law:
Type : requires a court order supported by **reasonable suspicion** 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
Type 2: Does not require a court order. Instead, send and email to state police:
-To identify a deceased person; or
- *In an emergency*, to prevent a substantial risk of harm to an individual or group.
108
Under 6 Sec 220, officers must request a facial recognition search in writing, and have it performed by the State Police , FBI, or RMV.
There are two ways to obtain this under the law:
Which type would you use if conducting an ongoing criminal investigation?
Type 1
Requires a *court order* based on **reasonable suspicion**.
Also may be used to mitigate a substantial risk of harm to an individual or group.
*With either type of facial recognition, consult State Police first.
109
Under 6 Sec 220, officers must request a facial recognition search in writing, and have it performed by the State Police , FBI, or RMV.
There are two ways to obtain this under the law:
Which type would you use to identify a deceased person?
Type 2:
Note: Does not require a court order.
Also may be used to prevent a substantial risk of harm to an individual or group
*With either type of facial recognition, consult State Police first.
110
Under 6 Sec 220, officers must request a facial recognition search in writing, and have it performed by the State Police , FBI, or RMV.
There are two ways to obtain this under the law:
Which type would you use to MITIGATE a substantial risk of harm to an individual or group of people?
Type 1- Court order on reasonable suspicion
*With either type of facial recognition, consult State Police first.
111
Under 6 Sec 220, officers must request a facial recognition search in writing, and have it performed by the State Police , FBI, or RMV.
There are two ways to obtain this under the law:
Which type would you use to PREVENT a substantial risk of harm to an individual or group of people?
Type 2: No court order(email state police fraud unit)
*With either type of facial recognition, consult State Police first.
112
Facial Recognition:
Type 1: Fill out the application form AND court order form. There is no limitation on when an order may be issued. Officers may seek them:
at any time of the day or night.
113
Facial Recognition:
Obtain and execute the order:
Email the application, suspect photograph, and unsigned court order to a judge or clerk magistrate. Unlike a search warrant, the officer does not need to:
personally appear before the judge or clerk. (can all be done by email)
*The court order MUST be signed by a judge or clerk*
Then email the signed court order and suspect photo to the State Police Fraud Investigation Unit.
114
Facial Recognition:
Who must the court order by signed by?
A judge or clerk.
115
Facial Recognition:
Unlike a regular search warrant, police should NOT file a return of service with the court following a facial recognition search.
Instead, officers must:
document a search pursuant to a court order in the same way they must document a search pursuant to a written request.
Departments and officers must document each facial recognition search, and, on a quarterly basis, provide this information to the Executive Office of Public Safety & Security (EOPSS)
116
Facial Recognition:
Departments and officers must document each facial recognition search, and, on a quarterly basis, provide this information to the Executive Office of Public Safety & Security (EOPSS)
Specifically, in each case, officers should have a file containing:
1. Copy of written request (either the court order application or email). The Request must contain the following information:
-Date and time or request;
-Entity of which the request was submitted (ex. judge, clerk, state police)
- Name and position of officer requesting the search
- Reason for request (crime, dead body, danger to group or person, etc)
- Suspect photograph(s) and/or data detailing the individual characteristics included in the facial recognition request
2. Potential matches returned (if any)
3. Databases searched.
117
Facial Recognition Search:
Is information that EOPSS receives about specific suspects, cases, and results a public record?
No.
118
Facial Recognition Search:
True or false?
State Police Exemption: The state police do not have to obtain a court order or provide a written request when "performing investigatory functions related to the issuance of identification documents by the RMV"
True.
119
Is a facial recognition match, by itself, a positive identification?
No.
And it does not amount to probable cause. Aside from the match, there must be additional information that connects the matched person to the incident under investigation.
120
Does a facial recognition match, by itself, amount the probable cause?
No. It also does not amount to a positive identification. Must be additional information that connects the matched person to the incident under investigation.
121
Police may only receive (blank) facial recognition from another organization.
unsolicited
The police may receive facial recognition evidence related to the investigation of a crime- as long as "the use of (the facial recognition system) was not knowingly solicited by or obtained with the assistance of a public agency or any public official (who did not get a court order or proper written request)
Ex. police can't use facecheck.id
But citizen can conduct this search and turn over results to police= this is legally proper
122
Learners Permit Operator Hours:
Junior Operators License Hours
LPO- 12:00-5am
JOL- 12:30-5am
