MV Ch. 5 Regulating Vehicles: Registration Plates, Title, Vin, Insurance Flashcards
1
Q
Unregistered Motor Vehicle Ch. 90 Sec. 9
Elements:
A
- The suspect must:
-Operate, push, draw, tow, or allow to remain; or
- As the owner, allow someone else to operate, push, draw, tow or allow to remain
- A motor vehicle or trailer
- Way. Upon a way;
- No registration: While no registration is in effect for that vehicle or trailer.
2
Q
Must trailers be insured in order to be registered?
A
Yes.
3
Q
Unregistered Motor Vehicle Ch. 90 Sec. 9
This statue allows enforcement where a vehicle is parked (“remains upon a way”) or unable to operate:
A
under its own power(“being pushed, drawn, or towed”)
ex. unregistered MV ran out of gas and motorist and passenger pushed it to the side of the road
ex. leaving vehicle parked on street violated this section.
4
Q
Unregistered Motor Vehicle Ch. 90 Sec. 9
Do police have the authority to tow any vehicle violating this section?
A
Yes.
Officers have no authority to allow the continued operation of an unregistered vehicle. At the same time, officers are not required by statute or RMV policy to tow an unregistered vehicle.
Note: a motorist can violate this law by leaving an unregistered vehicle parked along the street.
5
Q
Unregistered Motor Vehicle Ch. 90 Sec. 9
Unregistered vehicle msut be located on:
A
a “way”
Note: some vehicle offenses (e.g. OUI) require operation on a public way, but 90 sec 9 requires that an unregistered vehicle be located on a way, which is a more inclusive term covering any “way dedicated to public use.” This basically means any passage that the public routinely drives on– such as access roads within mall parking lots, and roads within private living complexes and business developments.
6
Q
Officers have no authority to allow the continued operation of an unregistered vehicle. At the same time, officers are not required by statute or RMV policy to tow an unregistered vehicle.
While 90 sec 9 applies to a parked vehicle along a way, enforcing officers have discretion in how they handle the vehicle. Acceptable strategies include: (3)
A
- assist the motorist in registering the vehicle online
- leave the vehicle parked for a reasonable amount of time to allow the motorist to register it
- have the vehicle towed.
7
Q
Unregistered Motor Vehicle Ch. 90 Sec. 9
The Commonwealth must prove that the vehicle was unregistered, and cannot:
A
shift this burden to the suspect.
-Officers may prove this by obtaining a certificate from the registry.
8
Q
A NONRESIDENT may operate his vehicle in Massachusetts as long as it is properly registered in the nonresidents state or country, AND the nonresident has vehicle insurance in an amount equal to or greater than the minimum requirement for vehicles registered in Massachusetts.
Absent adequate insurance, the properly registered vehicle may only be operated for a maximum of:
A
30 days.
Ex. Contractor from NC working in MA for 18 months is not a resident, may operate his NC vehicle the whole time if properly registered and insured in NC. If no insurance= 30 days.
9
Q
An out-of-state vehicle may not be operated by a resident of the Commonwealth for more than:
A
30 days
this prevents a MA resident from using a vehicle that is registered to an out-of-state owner for more than 30 days.
10
Q
Upon obtaining residence in MA, a nonresident must register his vehicle in the Commonwealth within:
A
30 days.
11
Q
Out of state student
September-august 31st
Schools must issue a decal to each out of state student, which shall be affixed to the :
A
uppermost center portion of the windshield.
12
Q
Grace period: 7 day transfer rule:
The purchaser of a motor vehicle has 7 days to transfer his or her registration and insurance coverage into a newly acquired vehicle. The 7-day period starts on the day of transfer (day 1) and lasts until what time on the 7th day?
A
5:00pm on the seventh day.
13
Q
Grace Period: 7 day transfer rule:
The following requirements must be met:
A
- Purchaser 18+
- Signed certificate of origin (new) or certificate of title (used)
- Same type vehicle, same number wheels
- Reg plates must be attached to newly acquired vehicle
- Must transfer or lose possession of old vehicle
14
Q
Grace Period: 7 day transfer rule:
True or false?
If the plates are attached, 175 sec 113A mandates that an existing vehicle insurance policy shall cover the new vehicle or trailer during the 7 day grace period.
A
True.
15
Q
Grace Period: 7 day transfer rule:
Violations of the 7-day rule are sufficient evidence that:
A
the vehicle is:
- unregistered (90 Sec 9)
- uninsured (90 sec 34 J)
-and the plates have been unlawfully attached (90 sec 23)
16
Q
Registration: Military Personnel:
If serving on active duty, a vehicle purchased, titled, or registered in the soldier’s home state may remain its registration indefinitely, regardless of where he is stationed. However, he must maintain:
A
minimum Mass levels of insurance.
17
Q
If serving on active duty: Vehicle NOT purchased, titled, and registered in home state:
Solidier must re-register in each state assigned to. If not a Mass resident and vehicle is within this category, the solider has a (blank) day grace period to drive the car on the out-of-state registration.
A
30 day grace period.
It must be registered in MA before expiration of the 30 day period.
18
Q
If serving on active duty: Vehicle from abroad bears armed forces plates:
Solider may drive vehicle for up to (blank) days for the purpose of traveling to military duty or to his place of residence.
A
30 days.
19
Q
90 sec 9 allows specific vehicles to be operated without a registration including :
A
- vehicles towed by tow trucks
-agricultural vehicles - new cars delivered to dealers
- industrial vehicles
- golf carts *
- cemetery vehicles
- and earth moving vehicle
In most cases, the owner must still maintain some sort of insurance coverage
20
Q
General Registration Vehicles (aka Dealer Plates)
May plates be moved from on vehicle to another?
A
Yes.
21
Q
Dual registration:
Vehicles and trailers registered in another state must also be registered in Massachusetts if they are: (1) owned by nonresidents; (2) registered in another state; and (3) possessed by, or under the control of, Mass residents for more than 30 days (does not have to be consecutive) within a calendar year.
The requirements are:
A
- Both state’ registration plates must be displayed. One may be affixed to the vehicle and the other may be displayed in the rear window.
- A Mass registration must be kept in the vehicle or carried by the operator. The other state’s registration is governed by that state’s law.
- The vehicle must have out-of-state insurance that meets them minimum Mass requirements and is provided by an insurance agency approved to do business in Mass.
- If the vehicle is registered and titled out of Mass, a Mass title is NOT required
- The vehicle must comply with Mass state inspection requirements and must obtain an inspection sticker within 7 days of registration.
22
Q
Dual registration:
Vehicles and trailers registered in another state must also be registered in Massachusetts if they are: (3)
A
(1) owned by nonresidents;
(2) registered in another state; AND
(3) possessed by, or under the control of, Mass residents for more than 30 days (does not have to be consecutive) within a calendar year.
23
Q
Vehicle purchasers from out of state:
The RMV issues a temporary registration when an out-of-state resident purchases a vehicle they intend to drive to their home state for registration there.
The registration is valid for no more than:
A
20 days.
24
Q
Massachusetts resident improperly registered out of state:
The owner or operator of a vehicle registered out of state, which is operated by a Mass resident for more than 30 days in a state, should be:
A
Cited
CMVI $255
25
General Distinguishing Registrations (basically dealer plates)
Multiple vehicles, selectively used in the business. (construction company with 20 backhoes- 6 plates that they can move around to each machine as necessary)
May you loan or rent the actual plate?
No.
HOWEVER, you may loan a *vehicle* with a "dealer" general registration, but only for a maximum of 5 consecutive days.
26
General Distinguishing Registrations
How long may you loan a *vehicle* with a "dealer" general registration?
a maximum of 5 consecutive days.
27
General Distinguishing Registrations:
6 plate types:
1. Dealer
2. Farmer
3. Owner- contractor
4. Repair
5. Transporter
6. Government
28
General Distinguishing Registrations:
Misuse of dealer plate, repair plate, or any other general registration:
Any misuse of a general registration plate shall be regarded as a violation of:
90 sec 23 (attaching plates)
Therefore, officers should cite the offender and apply for a criminal complaint
29
Registration:
Establish & Misrepresent Residency Ch. 90 sec 3.5
This law accomplishes 4 things:
1. It clarifies who is a resident of Massachusetts for the purpose of enforcing 90 sec 3 (operation of vehicles owned by non residents and 90 sec 10 (requirement for Mass residents to have a Mass license)
2. It established a new offense for those who misrepresent their residency to avoid sales tax
3. It provides police with access to confidential records in order to prove residency; and
4. It provides a system for dividing up funds.
Factors that indicate a motorist is a resident are the same as in the License chapter
30
Establish & Misrepresent Residency Ch. 90 sec 3.5
Elements: (2)
1. Improper registration or misrepresentation
2. Purpose of evasion
No person may improperly register a motor vehicle or trailer in another state or misrepresent the place of garaging of the motor vehicle or trailer within the Commonwealth; For the purpose of evading or reducing the payment of motor vehicle excise, sale, or use taxes- or insurance premiums.
(ex. insurance is so expensive in Boston, I'm just going to register the car in North Adams- my insurance will go way down)
31
Establish & Misrepresent Residency Ch. 90 sec 3.5
Each taxable year a motor vehicle or trailer is improperly registered shall be considered a separate offense.
However, no more than (blank) years shall be the subject of prosecution.
No more than *3 years*
32
Establish & Misrepresent Residency Ch. 90 sec 3.5
ROA: (2 options)
1. Criminal option: issue citation and apply for complaint
or
2. CMVI $505 (should issue a citation)
33
Establish & Misrepresent Residency Ch. 90 sec 3.5
Can this be enforced against a company?
No.
Just find out the human being in the company who is responsible, and issue the citation to them.
34
Attaching or Concealing Registration Plates Ch. 90 Sec. 23
Type 1 Attaching a Plate (wrong plate, wrong car):
Elements: (2)
Type 1: wrong plate, wrong car
1. Attach or permit (to attach)
2. Assigned to another vehicle
The suspect attached, or *permitted* the attaching of, a particular registration plate to a motor vehicle or trailer; That was assigned to another motor vehicle or trailer
Ex. using the wrong plate on the wrong car to hide conceal the vehicle's identity while committing a bank robbery
35
Attaching or Concealing Registration Plates Ch. 90 Sec. 23
Type 2: Concealing a plate (right plate, right car-but, you concealed it so that people won't identify you)
Elements: (2)
Type 2: right plate, right car
1. Intent to conceal
2. Obscure or fail to display proper plate
The suspect had the INTENT to conceal the identity of a motor vehicle or trailer; By obscuring or permitting to be obscured, the numbers or letter on a registration plate; or failing to display the duly assigned registration plate and number.
Ex. changing a "C" to a zero with a marker to conceal the getaway vehicle's identity
36
Attaching or Concealing Registration Plates Ch. 90 Sec. 23
ROA:
Complaint.
- issue citation as complaint application. **NO CMVI**
37
Attaching or Concealing Registration Plates Ch. 90 Sec. 23
Is public way necessary?
How about operation?
No.
It is not necessary for officers to demonstrate that the vehicle with attached or obscured plates was being operated or was located on a public way.
Even a car sitting in a driveway is subject to enforcement.
* Remove the plate- subject to immediate confiscation
NO CMVI- issue citation as complaint application
38
Attaching or Concealing Registration Plates Ch. 90 Sec. 23
Cancelled or fake plate attached:
Some officers have discovered motorists attaching canceled plates or, in one case, a beautiful photocopy of a concealed plate. Is this attaching?
The problem: Although the plate may be canceled, it is not assigned to another vehicle or trailer. So a Type 1 violation is out.
However, the author believes that a canceled plate, and certainly a fake plate, is no longer "duly issued" and, when atttached to a vehicle is *designed to conceal its identity* to some degree.
Bottom line: Yes- Pursue a Sec 23 (Attaching or Concealing Registration Plates Ch. 90 Sec. 23) in these cases.
39
Attaching or Concealing Registration Plates Ch. 90 Sec. 23
Does this statute limit coverage to Massachusetts plates only?
No. Charge 90 sec 23 attaching
the law applies to all vehicles, including out-of-state vehicles with out-of-state plates.
40
If officers learn that, for example. an Indiana plate is on the wrong vehicle, they should charge:
Attaching or Concealing Registration Plates Ch. 90 Sec. 23
This statute does not limit coverage to Massachusetts plates. It applies to all vehicles, including out of state vehicles with out of state plates.
41
If a dealer or farmer plate (for example) is put on a personal car- it is considered a violation of:
attaching plates under 90 sec 23.
42
Stealing Registration Plate Ch. 266 Sec. 139:
ROA:
Warrantless arrest on probable cause
43
Stealing Registration Plate Ch. 266 Sec. 139:
Strongest action?
Warrantless arrest on Probable Cause
43
Stealing Registration Plate Ch. 266 Sec. 139:
Elements: (2)
1. Take
2. Another's plate
The suspect must "take and carry away"; The registration plate attached OR assigned to another.
ROA: Warrantless arrest on Probable cause
-misdemeanor
44
Important differences between:
Attaching or Concealing Registration Plates Ch. 90 Sec. 23
and
Stealing Registration Plate Ch. 266 Sec. 139:
Not all instances of attaching a plate are arrestable under 266 Sec 139. The Sec 139 offense requires proof that the suspect actually took the plate. In contrast, 90 Sec. 23 simply requires that the wrong plate appear on the wrong vehicle. There are times when officers might see the wrong plate on the wrong car, but not believe the plate was stolen (e.g. it was assigned to a car previously owned by the motorist). Or officers might even believe that the motorist knows the plate on his care is stolen, but still lack proof that he is the one who took it- in which case, Sec 23 (attaching) or 266 Sec 60 (receiving stolen property) are the only options.
Remember, 266 sec 139 does not apply to the one who receives a stolen plate; it is limited to the person who took the plate. That said, officers may still charge a person with Sec. 139 even though they did not see him remove the plate- Proof of theft may be based on circumstantial evidence- such as the fact that the plate was recently stolen, the location where the plate was stolen and where the defendant was stopped, the defendant's implausible reason for why he possessed the plate, etc. Also, a larceny offense may be charged any place in which the thief is found in possession of the stolen property In addition to stealing registration plate sec 139)
45
Registration Plates: Proper Display
Plate NUMBER must be: (3)
1.Clean
2. Not obscured
3. Appearance not obstructed in any manner
ex. officer properly stopped car that has 3 digits on rear plate obscured by snow; irrelevant that officer may have been motivated because of his prior knowledge of this motorist.
46
Registration Plates: Proper Display
Plate NUMBER must be: Clean; Not obscured; Appearance not obstructed in ANY MANNER (any part of the plate):
May a tilted license plate qualify as obscured?
Yes.
Ex. officer observed a vehicle with its rear license plate attached by one screw and dangling vertically. The officer had to tilt is head for a period of time in order to read the numbers. Such positioning made it very difficult to read as the vehicles were moving. This qualified as obscured under 90 sec 6
47
Registration Plates:
License plate cover, tinted or not, is only a violation if it:
obscures the registration number or reduces the legibility or **reflective quality** of the plate.
ex. plastic cover that was slightly tinted blue did NOT obscure the registration number
Compare ex. although the detective could read the number plate, he knew that the tinted plastic cover blocks the reflective quality of the plate at night.
48
Registration Plates:
Rear plate must have (blank) light and be visible for atleast (blank) feet at (blank).
Rear plate must have WHITE light and be visible for atleast 60 feet at NIGHT.
49
Registration Plates:
If only one plate is issued, it must be placed on the (blank) of the vehicle.
Rear.
50
Registration Plates:
If two plates are issued, one must be placed on the (blank) and one on the (blank)
rear, front
Note: Plates must be *SECURELY ATTACHED*
90 Sec 3 applies plate display rule to all nonresident and foreign vehicles in Mass. Officers may stop and cite out-of-state and foreign vehicles under sec. 6
51
Prohibited Professional Use of Dealer Plates:
Dealer plates may not be used on a vehicle owned by the dealer as "business equipment". These vehicle must be separately registered, titled, and insured, including:
- a courtesy bus
- a parts and service vehicle
- a tow or ramp truck
-A loaner vehicle provided to customer who own vehicle is in for service
- A rental vehicle available to customers of the dealer for any purpose (also the rental business must be a separate and distinct entity from the dealership
52
Dealer plates:
The dealer must have a fleet of at least (blank) vehicles.
20
53
Dealer plates:
The business may not be located within a residence. If a site check reveals that the dealer is operating at an improper site, he will have (blank) days to move to an acceptable business location.
120
54
Dealer plates:
True or false?
Motorcycle dealers may put an MC dealer plate on a demonstration car, and vehicle dealers may put a regular plate on a demonstration motorcycle.
True.
Note: when a dealer has a signed purchase and sale agreement, the buyer may no longer operate with a dealer plate.
55
Permitted Personal Use of Dealer Plates:
The dealer may attach a dealer plate to a vehicle from the business inventory, and then drive it for personal use. This is limited to:
- The motor vehicle dealer
-The dealer's spouse
- A co-owner (provided he holds at least 40% interest in the dealership)
- A qualifed co-owner's spouse
- employee who works atleast 20 hours a week and sells cars for the dealership
Note: The 60A authorization only applies to motor vehicles, not to manufacturers or dealers in boats, boat trailers, recreational vehicles, or recreational trailers.
56
Permitted Personal Use of Dealer Plates:
New vehicle must display:
Used vehicle must display:
1. MSRP sticker, Lemon law sticker
2. "Buyers Guide" sticker, "Used Car Warranty Law" sticker
57
Vehicles being stopped with out-of-state dealer plates or transporter plates are often operated by known gang members, hustlers, and persons who want to avoid Massachusetts by, for example, selling vehicles on Craig's =List or "curbing"(selling in parking lots or through other used car dealers). To prevent abuse of out-of-state dealer or transporter plates, investigate as follows:
1. Insist on identifying the operator- license, registration, phone number- to confirm his proper use of the plate.
2. Ask whether he is operating the car for a business purpose or personal use.
3. If the person is a Massachusetts resident, he cannot have a dealer or transported plate unless he is legitimately affiliated with an out-of-state business and conducting lawful activities in this state.
4. If a motorist provides a plausible explanation of legitimate use, do NOT tow the car or issue a citation- let him go and investigate further
5. Remember misleading a police officer applies
58
Misuse of dealer plates constitute (blank) in violation of 90 sec 23. As a result, officers should:
-attaching plates
- write on the citation: Misuse of Dealer Plate 540 CMR 18.04, and check off the box for a criminal complaint.
59
Out of state dealer or transporter plates:
For out of state dealer or transporter plates with no proper documentation or clean improper use, confiscate plates as evidence and tow vehicle. Issue a citation for:
1. Unregistered 90 sec 9
2. Attached plates 90 sec 23
3. Uninsured 90 sec 34J
60
Dealers are authorized to provide temporary license plates for vehicle purchasers who have met insurance requirements. The temporary plates are not valid for more than (blank) days and are subject to RMV regulations
20 days.
61
Transportation Network Companies:
TNC's must obtain an operating permit from the:
Department of Public Utilities
62
Transportation Network Companies:
TNC's must obtain an operating permit from the Department of Public Utilities. Permits must be renewed annually. The must maintain updated driver rosters and have toll-free hotlines for rider and driver questions and complaints.
Incident reports must be retained for:
7 years.
63
Transportation Network Companies: (Uber, Lyft, etc)
Driver must affix a decal identifying the TNC to:
the front AND rear of vehicles.
Drivers with multiple decals must display each of the. If a driver ceases to be certified for any reason, he or she must return the decal to the TNC within 14 days.
64
Transportation Network Companies:(Uber, Lyft, etc)
Drivers with multiple decals must display each of the. If a driver ceases to be certified for any reason, he or she must return the decal to the TNC within:
14 days.
65
Transportation Network Companies:(Uber, Lyft, etc)
True or false?
TNC's must provide clear and conspicuous fare estimates to riders at all times.
true.
Also: Riders with special needs must be accommodated
66
Transportation Network Companies:(Uber, Lyft, etc)
The Transportation network company must provide the driver's (blank), (blank), and (blank) to a rider on any digital network used to facilitate a prearranged ride.
name, picture, and license plate number.
67
Transportation Network Companies:(Uber, Lyft, etc)
True or false?
Drivers may NOT provide services that were not prearranged though the TNC's app.
True.
No "street hails"
68
Transportation Network Companies:(Uber, Lyft, etc)
How old must drivers be?
atleast **21 years old**
69
Transportation Network Companies:(Uber, Lyft, etc)
Drivers must obtain certificates from each TNC before providing services. Drivers must be:
- at least 21 years old
- have TNC insurance coverage
- not be a sex offender, or have a bad driver history
A (blank) provides proof that the driver passed. A separate (blank) proves that the driver works for the TNC and is currently in good standing.
1. "Background certificate"
2. "TNC Certificate"
Drivers need BOTH for EACH COMPANY THEY WORK FOR.
Driver must display their certificates inside their vehicle (Each certificate must show the driver's name, photograph, and license plate number).
70
Transportation Network Companies:(Uber, Lyft, etc)
Must drivers carry proof of adequate insurance?
Yes.
"oh yeah its a personal car, I have insurance". No, you need better insurance as a TNC driver
71
Transportation Network Companies:(Uber, Lyft, etc)
If there is a complaint of criminal conduct 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,
- GPS coordinates of the route,
-driver identification, and
- information reported to the TNC about the crime.
72
Transportation Network Companies:(Uber, Lyft, etc)
Failure to dsiplay TNC decal on front and rear of vehicle while providing TNC Services:
Police enforcement:
CMVI $500 to driver
73
Transportation Network Companies:(Uber, Lyft, etc)
Improper solicitation: Soliciting, accepting, arranging, or providing TNC services through street hails or solicitations instead of the TNC app.
Police Enforcement:
CMVI $500 to driver
74
Transportation Network Companies:(Uber, Lyft, etc)
No certificate: Not having a TNC background certificate or a TNC certificate.
Enforcement:
1. Issue driver $500 CMVI for EACH violation
2. Apply for a separate criminal complaint against the TNC for not ensuring that its driver was properly certified
75
Transportation Network Companies:(Uber, Lyft, etc)
Not having complied with TNC insurance requirement.
Enfocement:
CMVI $500
76
Transportation Network Companies:(Uber, Lyft, etc)
Misrepresentation of driver: Knowingly allowing abother individual to use one's certifiacte or identity to provide TNC services, or using a TNC certificate belonging to another individual, or misrepresenting one's identity by means of a digital network.
Enforcement:
Criminal Complaint
77
Transportation Network Companies:(Uber, Lyft, etc)
Fail to provide police: Failure to produce proof of transporation network driver sertificate or background check clearance certificate upon request by law enforcement:
Enforcement:
Criminal Complaint.
78
Commercial plates:
Audiobook:
White ford F-150 full of landscaping, paitining ,etc equipment.
Needs a commercial plate unless they can prove that they are:
a volunteer.
if they do it for a living, they need commercial plates.
79
Commercial Plates:
If the vehicle has business advertisements or markings, they need commercial plates unless:
unless the advertisements or markings refer to a charitable or religious organization.
80
Commercial plates:
If you are HIRED to snow plow, do you need commercial plates?
Yes.
81
A commercial vehicle requires commercial plates. A Commercial Vehicle (CV) is any vehicle that is not:
- A private passenger vehicle
- Antique
- motorcycles
- trailer
- Semi- trailer
- Taxi
- Ambulance
- Hearse
- Livery
- Bus
- School Bus
- Pupil transport vehicle;
AND IS:
1. Has a vehicle weight of more than **6,000 pounds** (other than an SUV, passenger van, or truck that is a private passenger vehicle); or
2. Is a pickup truck or cargo van owned by a partnership, trust, or corporation (unless it qualifies as a private passenger vehicle)
3. A pickup truck or cargo van and used to transport tools, supplies, or equipment to or from a job site (unless volunteer operation at job site): or
4. Has business advertisements or markings (unless they refer to a charitable or religious organization); or
5. Is hired for snow plowing; or
6. Is used for hire- or is used in the ordinary course of the owner's business- *to store or transport good or merchandise*(unless the owner has a maximum carrying capacity of 1000 pounds and uses it part- time no more than 40%- for this purpose)
82
Commercial plates:
A Commercial Vehicle that does not have the appropriate registration plates:
Enforcement:
1. CMVI $35
and/or
2. Immediate threat complaint to the registrar, who may suspend the operator's license and or registration for up to 30 days. (the "nuclear option for the blatant, repeat offender"- audiobook)
Police Caution: 540 CMR 2.05 commands that officers NOT impound the motorist's vehicle or confiscate his pates based on the fact that he display the incorrect type of plate.
83
May officers impound a motorists vehicle and confiscate his plates based on the fact that he displays the incorrect type of plate?
ex. white F-150 with passenger normal plates clearly engaged in landscaping business
NO.
Police Caution: 540 CMR 2.05 commands that officers NOT impound the motorist's vehicle or confiscate his pates based on the fact that he display the incorrect type of plate.
84
Commercial plates:
EXEMPTION:
Vehicles in a fleet of a car sharing organization (e.g. Zipcar) MAY display:
private passenger motor vehicle plates and the name, address, telephone number, logo, or website address of the organization.
85
Commercial plates:
May vehicles in a fleet of a car SHARING organization (e.g. Zipcar) display private passenger motor vehicle plates and the name, address, telephone number, logo, or website address of the organization?
Yes.
They are exempt.
86
Audiobook: Possible exam question:
What do you do to somebody who improperly doesn't have commercial plates?
ex guy has private passenger plates on work truck and admits it. Argues "why should I have to pay for commercial plates?" You issue him a $35 CMVI.
The next day you see the same guy operating the same vehicle. He tells you he's never going to get commercial plates. What can you do?
Enforcement?
$35 CMVI... Don't. Tow. The.Car.
**You may NOT impound the vehicle or confiscate his plates** based on the fact that he displays the incorrect type of plate.
The nuclear option for the blatant, repeat offender is: apply for immediate threat.
87
Over 25 years old and maintained solely for use in exhibitions, club activities, parades, and other functions of public interest. It is NOT used primarily for the transportation of passengers and goods.
Antique motor car
Note: A motorcycle may also qualify as an antique motor car.
88
Year of manufacture is after 1948 and the model year is at least 25 years old. It has been altered from the manufactures original design or has a body constructed, in whole or in part, from non original materials.
Custom vehicle.
89
Assembled by a non- manufacturer from new or used parts and replicating an earlier year, make, and model vehicle.
Replica vehicle.
90
Reconstructed or assembled by a non- manufacturer from new or used part, the exterior of which does not replicate or resemble any other manufactured vehicle.
Specially constructed vehicle.
91
Year of manufacture is prior to 1949. It has been altered from the manufacturer's original design or has a body constructed from non original materials.
Street Rod
Note: The model year is indicated on a vehicle's certificate of origin or, if no certificate, use the model year the body most closely resembles.
92
An antique vehicle must display an (blank) registration plate.
Antique registration plate
* or, at the discretion of the registrar, a year of manufacture plate, which is an actual plate that was issued by the Commonwealth in the year that the antique motor car was manufactured!
-inspected and approved by registrar
-no more than 6 characters
-original condition
-appear distinctive so that is is not confused with current plates.
93
Antique Plates:
A year of manufacture plate MAY be attached to an antique motor car of a different type than that for which the registration plate was originally issued (ex. an antique truck plate may be approved for an antique automobile and vice versa)
However, an antique motorcycle plate may only:
be attached to an antique motorcycle.
Notes:
-The registrar may approve the display of only one plate (if that is all that is available) even though the registry originally issued two plates per vehicle
- A year of manufacture plate must be displayed properly (90 sec 6) but the registration decal does NOT have to be attached to the plate. Instead, it must be carried in the antique vehicle at all times and presented on request to a police officer.
- If the year of manufacture plate is ever suspended or revoked, it MUST be turned over to the registry.
94
True or false?
Street rods, replica vehicles, specially constructed vehicles and custom vehicles shall NOT be considered antique motor cars.
True.
They must be separately registered and plated by the registrar.
95
Unauthorized Use or Possession of Title Ch. 90D se. 32:
Elements:
1. No authorization- The suspect did not have authorization; and
2. Use or possession of title- The suspect used or possessed a totle or salvage title.
Enforcement:
Issue citation at **complaint application**
Confiscate document.
96
A Certificate of Title identifies the owner of a specific vehicle. The application for a new title for a vehicle or trailer must be made within (blank) days of acquisition.
10 days.
97
When a dealer obtains a new car, no title may be assigned since one has not been previously issued. For this reason, every manufacturer is required to produce a (blank) for every vehicle made. The (blank) describes the vehicle and assigns and identification number. It is submitted to the RMV with the application for title.
The Certificate of Origin
98
Duplicate Title.
If a title is lost, stolen, mutilated, destroyed or becomes illegible, the first lienholder or owner may apply for a duplicate title. The duplicate title will state: " This is a duplicate certificate of totle and may be subject to the rights of a person under the original certificate." In the case of a duplicate, the registrar will not issue the title to a transferee until (blank) days after the application. The original title must be surrendered if recovered after a duplicate is issued.
15 days.
99
When damaged beyond what is economically reasonable to repair, or when stolen and unrecovered, a vehicle is considered a:
*total loss salvage motor vehicle* (if not repaired by the owner)
An insurer or owner (if no insurer exists) must then apply for a Salvage Title, which indicates that the vehicle is declared a total loss.
100
If a total loss vehicle is repaired to operating condition, a new title may be applied for. The new titles will state ("blank").
"Reconstructed"
A reconstructed vehicle must underego an intensive examination to determine that the information in the application is correct and that no stolen parts were used.
101
Reconstructed Vehicles:
True or false?
A reconstructed vehicle must underego an intensive examination to determine that the information in the application is correct and that no stolen parts were used.
True.
102
Recovered Stolen Vehicles:
If a stolen vehicle is unrecovered, its title must be surrendered. If, at some future time, the vehicle is recovered in operating condition, a new title may be applied for. Upon issuance, the new title will state ("blank").
"Recovered theft vehicle"
103
Junked vehicles:
When a motor vehicle is junked or scrapped, the title or salvage title must be:
surrendered.
The registrar will cancel the title, and no title or registration will be issued for that particular vehicle at any future time.
104
Vehicle Identification Numbers
All vehicle, trailers, and semi- trailers manufactured since what year must display a Vehicle Identification Number?
1978.
105
What is the most comprehensive means of identifying any vehicle?
VIN
106
The VIN is a valuable tool for law enforcement in determining whether a vehicle is stolen or constructed with stolen parts. Police officers typically use two offenses:
1. Failure to Display a VIN under 90 sec 7R- a less serious, civil infraction
2. Defacing or Altering a Vin under Ch. 266 Sec 139, a serious crime
107
Failure to Display VIN
Enforcement Action:
CMVI $40
108
Failure to Display VIN
Elements:
1. Vehicles, trailers, semi-trailers after **1978**.
2. Registered in Mass
3. Must have & display VIN
All motor vehicles, trailers, and semi- trailers manufactured after 1978; Registered in MA under 90 Sec 2-5; Shall be equipped with and display a Vehicle Identification Number in accordance with RMV design and requirements.
Note: Officers do NOT need to show that the driver or vehicle owner was aware of the missing VIN
109
Failure to Display VIN:
Do officers need to show that the driver or vehicle owner was aware of the missing VIN?
No.
CMVI $40
110
Defacing or Altering VIN Ch. 266 Sec 139.
There are 3 ways to violate 266 sec 139
Type 1: Intentional Alteration of VIN:
Elements:
The suspect may not:
1.Intentionally and maliciously;
2. Remove, deface alter, obliterate, or mutilate (or be the cause of this kind of illegal activity);
3. The Identifying number or numbers of a motor vehicle or trailer.
FELONY
no citation necessary
111
Defacing or Altering VIN Ch. 266 Sec 139.
There are 3 ways to violate 266 sec 139
Type 2: Transferring Tampered VIN:
Elements:
The suspect may not, unless authorized by law (for example, a police officer)
1. Attempt, sell, transfer, or otherwise dispose of any motor vehicle , trailer, or motor vehicle part;
2. Knowingly or tampering: If he knows or has reason to believe that an identifying number has been tampered with.
FELONY
no citation necessary
112
Defacing or Altering VIN Ch. 266 Sec 139.
There are 3 ways to violate 266 sec 139
Type 3: Receiving Tampered VIN
Elements:
The suspect may not, unless authorized by law:
1. Buy, receive, possess, or obtain control over a vehicle, trailer, or motor vehicle part;
2. Knowingly or tampering: If he knows or has reason to believe that an identifying number has been tampered with.
- Warrantless Arrest on Probable Cause. No citation necessary.
113
Defacing or Altering VIN Ch. 266 Sec 139.
There are 3 ways to violate 266 sec 139
Type 1: Intentional Alteration of VIN
Type 2: Transferring Tampered VIN
Type 3: Receiving Tampered VIN
ROA the three types:
Type 1: Felony
Type 2: Felony
Type 3: Warrantless Arrest on Probable Cause
Confiscate and secure vehicle. No citation necessary.
RMV action for all 3 offenses: Suspension for 60 days
114
Defacing or Altering VIN Ch. 266 Sec 139.
There are 3 ways to violate 266 sec 139
Type 1: Intentional Alteration of VIN
Is knowledge presumed for a Type 1 offense?
Yes.
For the offense of intentional alteration, Sec 139 states the following presumption: A person who possesses a tampered vehicle or trailer may be found guilty on this basis alone, if the facts show that he knew, should have known, or "had reason to know" that the numbers had been affected.
Interestingly, this presumption does not apply to tranferring or receiving a tampered VIN (Types 2 & 3). The likely basis for this distinction is that the offenses 2 and 3 cover motor vehicle parts, while the first offense does not.
115
Defacing or Altering VIN Ch. 266 Sec 139.
There are 3 ways to violate 266 sec 139
Is knowledge presumed for Types 2 & 3?
No.
(unlike type 1)
The likely basis for this distinction is that the offenses 2 and 3 cover motor vehicle parts, while the first offense does not. Applying the presumption to something as potentially small as a motor vehicle part might be an unfair burden for the accused.
116
Defacing or Altering VIN Ch. 266 Sec 139.
There are 3 ways to violate 266 sec 139
Which types cover motor vehicle PARTS?
Types 2 & 3.
NOT 1.
117
This is the only organization that has information from automobile manufacturers concerning all vehicle identification numbers, including those in secret locations.
National Insurance Crime Bureau (NICB)
118
Uninsured Operation 90 sec 34J:
Elements: (4)
1. Operate or ALLOW to remain. The suspect must:
- Operate; or
- As the OWNER, allow someone else to operate; or
- Allow to remain (i.e. park);
2. A motor vehicle or trailers
3. Public or PRIVATE way
4. No insurance. While no motor vehicle liability policy was in effect.
119
Uninsured Operation 90 sec 34J:
Nonresident and Military motorists:
Where nonresident or military personnel register their vehicles determines where they must maintain insurance. Wherever nonresident or active soldier register a car, they must carry insurance *at least equal to the minimum levels* required by the Commonwealth if operating longer than:
30 days.
120
Uninsured Operation 90 sec 34J:
Enforcement:
Citation as **complaint application**.
**NO RIGHT OF ARREST**
**NO CMVI AUTHORIZED**
121
Uninsured Operation 90 sec 34J:
Special Police Authority:
If an insurance policy isproperly canceled, the RMV will revoke the vehicle's registration and forward a report to the local police for plate recovery.
Police have the authority to seize the plates whether the vehicle is on:
a public way OR private land.
However, if the uninsured vehicle is parked on the vehicle owner's property, police are advised to remove the registration plates but NOT inventory and tow the vehicle. While an uninsured vehicle cannot even be parked on a public or private way, the term "way" does not cover a truly private driveway or property. The owner may keep the car on private property until he gets it insured, minus the plates!
122
Uninsured Operation 90 sec 34J:
Burden of proof:
Massachusetts resident:
Commonwealth has the burden of proving that the suspect's vehicle is uninsured.
Officers may obtain a certificate from the registry, which is required by 90 Sec 34J to maintain a record of all insurance policies.
34J provides that written certification of no policy is admissible in any court to prove the offense.
123
Uninsured Operation 90 sec 34J:
Burden of proof:
Nonresident:
Burden on the motorist to provide proof of insurance.
124
Uninsured Operation 90 sec 34J:
Trailers must be insured in order to be registered because, just like vehicles, they can:
cause damage to people and property, and sustain damage as well.
125
Uninsured Operation 90 sec 34J:
Is intent necessary?
No.
The operator or owner does not have to be aware that the vehicle is uninsured. Their knowledge or intent it irrelevant, unless the driver has leased the vehicle in certain situations.
126
Fraudulent Motor Vehicle Insurance Claim:
ROA:
Felony.
127
Fraudulent Motor Vehicle Insurance Claim:
Type 1: Fraudulent Claims
Elements:
1. Intent to defraud insurance company
2. Prepare or Present Document
3. Materially false claim information
The suspect intended to defraud a licensed insurance company; The suspect presented, prepared, subscribed, or procurred or aided in the presentation or preparation of any written document; The document contained materially false information involving " any application for or claim under any motor vehicle, theft, or comprehensive insurance policy."
128
Fraudulent Motor Vehicle Insurance Claim:
Type 2: Fraudulent Appraiser/ Repair Shop:
Elements:
1. Appraiser or repairman
2. Inflated charges
The suspect was a licensed vehicle damage appraiser or registered with a vehicle repair shop; and he fraudulently inflated an appraisal or the charges for repairing a damaged motor vehicle.
129
1. Appraiser or repairman
2. Inflated charges
The suspect was a licensed vehicle damage appraiser or registered with a vehicle repair shop; and he fraudulently inflated an appraisal or the charges for repairing a damaged motor vehicle.
Fraudulent Motor Vehicle Insurance Claim:
Type 2: Fraudulent Appraiser/ Repair Shop:
Felony.
130
Fraudulent Motor Vehicle Insurance Claim:
Type 1: Fraudulent Claims
Type 2: Fraudulent Appraiser/ Repair Shop:
Type 1 ROA
Type 2 ROA
Both felonies.
131
Fraudulent Motor Vehicle Insurance Claims:
What does "materially false information" mean?
Materially false information means that the false information was or might have been a significant factor in processing the claim. It is not necessary that the suspect's false information did affect the outcome, only that it had a reasonable tendency to do so.
132
Bryan Driscoll's car crashed into a stone wall. His insurance did not cover single vehicle collisions, but did cover animal strikes. Driscoll filed a claim asserting that he hit a "bison or moose", which caused him to swerve into the stone wall. However, no animal was found at the scene; no hair, blood, or fur was found on the vehicle; and the presence of a bison, moose, or buffalo so close to Boston was highly unlikely (a nearby farm did not have any of those animals either).
Did his claim amount to a Fraudulent Motor Vehicle Insurance Claim Ch. 266 Sec 111B violation?
Yes.
There was sufficient evidence that Driscoll lied to make the incident fit under his policy.
Felony.
133
Defendant insurance agent falsified applications for commercial car insurance so that her clients with only Brazilian driver's licenses could obtain insurance.
What charges apply?
Fraudulent Motor Vehicle Insurance Claims
AND
Larceny by False Pretense
*Conviction for Insurance Fraud AND Larceny is possible.
134
Motor Vehicle Arson for Insurance Claim:
ROA:
Felony.
It is felonious conduct to set a vehicle on fire, *or to counsel someone else to do it*, for the purpose of injuring or defrauding an insurance company.
135
Removal of Motor Vehicle to Defraud an Insurer:
ROA:
Felony.
136
Whenever a vehicle is burned, the owner must submit form to:
the fire department.
137
Procuring Clients/ Patients for Insurance Fraud Ch. 266 Sec 111C:
Elements:
1. The suspect may no knowingly:
-Act as a *runner*; or
-Use, solicit, direct, hire, or employee as a *runner*
2. For the purpose of defrauding and insured or insurance carrier.
* A "runner" is a person who, for monetary benefit, procures or attempts to procure a client, patient, or customer for insurance fraud. A runner does NOT include a person who refers, procures, or attempts to procure clients, patients, or customers through the public media (e.g. advertising)
Felony
138
1. The suspect may no knowingly:
-Act as a *runner*; or
-Use, solicit, direct, hire, or employee as a *runner*
2. For the purpose of defrauding and insured or insurance carrier.
* A "runner" is a person who, for monetary benefit, procures or attempts to procure a client, patient, or customer for insurance fraud. A runner does NOT include a person who refers, procures, or attempts to procure clients, patients, or customers through the public media (e.g. advertising)
Felony
Procuring Clients/ Patients for Insurance Fraud Ch. 266 Sec 111C:
139
Procuring Clients/ Patients for Insurance Fraud Ch. 266 Sec 111C:
An attorney; a licensed health care professional; an owner or operator of a health care practice of facility; or any person employed by or acting on behalf of these individuals.
Provider.
Also, Runner: A "runner" is a person who, for monetary benefit, procures or attempts to procure a client, patient, or customer for insurance fraud. A runner does NOT include a person who refers, procures, or attempts to procure clients, patients, or customers through the public media (e.g. advertising)
ex. the defendant, an attorney with a busy personal injury practice, agreed to participate in submitting fraudulent claims; the attorney used a runner to stage automobile collisions for new clients. The medical reports for alleged victims were identical.
Felony.
