MV Ch. 5 Regulating Vehicles: Registration Plates, Title, Vin, Insurance

Question 1

Unregistered Motor Vehicle Ch. 90 Sec. 9

Elements:

Answer 1

1. 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

2. A motor vehicle or trailer
3. Way. Upon a way;
4. No registration: While no registration is in effect for that vehicle or trailer.

Question 2

Must trailers be insured in order to be registered?

Answer 2

Yes.

Question 3

Unregistered Motor Vehicle Ch. 90 Sec. 9

This statue allows enforcement where a vehicle is parked (“remains upon a way”) or unable to operate:

Answer 3

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.

Question 4

Unregistered Motor Vehicle Ch. 90 Sec. 9

Do police have the authority to tow any vehicle violating this section?

Answer 4

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.

Question 5

Unregistered Motor Vehicle Ch. 90 Sec. 9

Unregistered vehicle msut be located on:

Answer 5

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.

Question 6

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)

Answer 6

1. assist the motorist in registering the vehicle online
2. leave the vehicle parked for a reasonable amount of time to allow the motorist to register it
3. have the vehicle towed.

Question 7

Unregistered Motor Vehicle Ch. 90 Sec. 9

The Commonwealth must prove that the vehicle was unregistered, and cannot:

Answer 7

shift this burden to the suspect.

-Officers may prove this by obtaining a certificate from the registry.

Question 8

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:

Answer 8

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.

Question 9

An out-of-state vehicle may not be operated by a resident of the Commonwealth for more than:

Answer 9

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.

Question 10

Upon obtaining residence in MA, a nonresident must register his vehicle in the Commonwealth within:

Answer 10

30 days.

Question 11

Out of state student

September-august 31st

Schools must issue a decal to each out of state student, which shall be affixed to the :

Answer 11

uppermost center portion of the windshield.

Question 12

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?

Answer 12

5:00pm on the seventh day.

Question 13

Grace Period: 7 day transfer rule:

The following requirements must be met:

Answer 13

1. Purchaser 18+
2. Signed certificate of origin (new) or certificate of title (used)
3. Same type vehicle, same number wheels
4. Reg plates must be attached to newly acquired vehicle
5. Must transfer or lose possession of old vehicle

Question 14

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.

Answer 14

True.

Question 15

Grace Period: 7 day transfer rule:

Violations of the 7-day rule are sufficient evidence that:

Answer 15

the vehicle is:
- unregistered (90 Sec 9)
- uninsured (90 sec 34 J)
-and the plates have been unlawfully attached (90 sec 23)

Question 16

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:

Answer 16

minimum Mass levels of insurance.

Question 17

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.

Answer 17

30 day grace period.

It must be registered in MA before expiration of the 30 day period.

Question 18

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.

Answer 18

30 days.

Question 19

90 sec 9 allows specific vehicles to be operated without a registration including :

Answer 19

• 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

Question 20

General Registration Vehicles (aka Dealer Plates)

May plates be moved from on vehicle to another?

Answer 20

Yes.

Question 21

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:

Answer 21

1. Both state’ registration plates must be displayed. One may be affixed to the vehicle and the other may be displayed in the rear window.
2. 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.

Question 22

Dual registration:

Vehicles and trailers registered in another state must also be registered in Massachusetts if they are: (3)

Answer 22

(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.

Question 23

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:

Answer 23

20 days.

Question 24

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:

Answer 24

Cited

CMVI $255

Question 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?

Answer 25

No.

HOWEVER, you may loan a vehicle with a “dealer” general registration, but only for a maximum of 5 consecutive days.

Question 26

General Distinguishing Registrations

How long may you loan a vehicle with a “dealer” general registration?

Answer 26

a maximum of 5 consecutive days.

Question 27

General Distinguishing Registrations:

6 plate types:

Answer 27

1. Dealer
2. Farmer
3. Owner- contractor
4. Repair
5. Transporter
6. Government

Question 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:

Answer 28

90 sec 23 (attaching plates)

Therefore, officers should cite the offender and apply for a criminal complaint

Question 29

Registration:

Establish & Misrepresent Residency Ch. 90 sec 3.5

This law accomplishes 4 things:

Answer 29

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

Question 30

Establish & Misrepresent Residency Ch. 90 sec 3.5

Elements: (2)

Answer 30

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)

Question 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.

Answer 31

No more than 3 years

Question 32

Establish & Misrepresent Residency Ch. 90 sec 3.5

ROA: (2 options)

Answer 32

1. Criminal option: issue citation and apply for complaint

or

2. CMVI $505 (should issue a citation)

Question 33

Establish & Misrepresent Residency Ch. 90 sec 3.5

Can this be enforced against a company?

Answer 33

No.

Just find out the human being in the company who is responsible, and issue the citation to them.

Question 34

Attaching or Concealing Registration Plates Ch. 90 Sec. 23

Type 1 Attaching a Plate (wrong plate, wrong car):

Elements: (2)

Answer 34

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

Question 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)

Answer 35

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

Question 36

Attaching or Concealing Registration Plates Ch. 90 Sec. 23

ROA:

Answer 36

Complaint.

• issue citation as complaint application. NO CMVI

Question 37

Attaching or Concealing Registration Plates Ch. 90 Sec. 23

Is public way necessary?

How about operation?

Answer 37

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

Question 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?

Answer 38

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.

Question 39

Attaching or Concealing Registration Plates Ch. 90 Sec. 23

Does this statute limit coverage to Massachusetts plates only?

Answer 39

No. Charge 90 sec 23 attaching

the law applies to all vehicles, including out-of-state vehicles with out-of-state plates.

Question 40

If officers learn that, for example. an Indiana plate is on the wrong vehicle, they should charge:

Answer 40

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.

Question 41

If a dealer or farmer plate (for example) is put on a personal car- it is considered a violation of:

Answer 41

attaching plates under 90 sec 23.

Question 42

Stealing Registration Plate Ch. 266 Sec. 139:

ROA:

Answer 42

Warrantless arrest on probable cause

Question 43

Stealing Registration Plate Ch. 266 Sec. 139:

Strongest action?

Answer 43

Warrantless arrest on Probable Cause

Question 43

Stealing Registration Plate Ch. 266 Sec. 139:

Elements: (2)

Answer 43

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

Question 44

Important differences between:

Attaching or Concealing Registration Plates Ch. 90 Sec. 23

and

Stealing Registration Plate Ch. 266 Sec. 139:

Answer 44

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)

Question 45

Registration Plates: Proper Display

Plate NUMBER must be: (3)

Answer 45

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.

Question 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?

Answer 46

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

Question 47

Registration Plates:

License plate cover, tinted or not, is only a violation if it:

Answer 47

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.

Question 48

Registration Plates:

Rear plate must have (blank) light and be visible for atleast (blank) feet at (blank).

Answer 48

Rear plate must have WHITE light and be visible for atleast 60 feet at NIGHT.

Question 49

Registration Plates:

If only one plate is issued, it must be placed on the (blank) of the vehicle.

Answer 49

Rear.

Question 50

Registration Plates:

If two plates are issued, one must be placed on the (blank) and one on the (blank)

Answer 50

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

Question 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:

Answer 51

• 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

Question 52

Dealer plates:

The dealer must have a fleet of at least (blank) vehicles.

Answer 52

20

Question 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.

Answer 53

120

Question 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.

Answer 54

True.

Note: when a dealer has a signed purchase and sale agreement, the buyer may no longer operate with a dealer plate.

Question 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:

Answer 55

• 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.

Question 56

Permitted Personal Use of Dealer Plates:

New vehicle must display:

Used vehicle must display:

Answer 56

1. MSRP sticker, Lemon law sticker
2. “Buyers Guide” sticker, “Used Car Warranty Law” sticker

Question 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:

Answer 57

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

Question 58

Misuse of dealer plates constitute (blank) in violation of 90 sec 23. As a result, officers should:

Answer 58

-attaching plates

• write on the citation: Misuse of Dealer Plate 540 CMR 18.04, and check off the box for a criminal complaint.

Question 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:

Answer 59

1. Unregistered 90 sec 9
2. Attached plates 90 sec 23
3. Uninsured 90 sec 34J

Question 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

Answer 60

20 days.

Question 61

Transportation Network Companies:

TNC’s must obtain an operating permit from the:

Answer 61

Department of Public Utilities

Question 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:

Answer 62

7 years.

Question 63

Transportation Network Companies: (Uber, Lyft, etc)

Driver must affix a decal identifying the TNC to:

Answer 63

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.

Question 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:

Answer 64

14 days.

Question 65

Transportation Network Companies:(Uber, Lyft, etc)

True or false?

TNC’s must provide clear and conspicuous fare estimates to riders at all times.

Answer 65

true.

Also: Riders with special needs must be accommodated

Question 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.

Answer 66

name, picture, and license plate number.

Question 67

Transportation Network Companies:(Uber, Lyft, etc)

True or false?

Drivers may NOT provide services that were not prearranged though the TNC’s app.

Answer 67

True.

No “street hails”

Question 68

Transportation Network Companies:(Uber, Lyft, etc)

How old must drivers be?

Answer 68

atleast 21 years old

Question 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.

Answer 69

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).

Question 70

Transportation Network Companies:(Uber, Lyft, etc)

Must drivers carry proof of adequate insurance?

Answer 70

Yes.

“oh yeah its a personal car, I have insurance”. No, you need better insurance as a TNC driver

Question 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:

Answer 71

• the trip origin and destination,
• GPS coordinates of the route,

-driver identification, and

• information reported to the TNC about the crime.

Question 72

Transportation Network Companies:(Uber, Lyft, etc)

Failure to dsiplay TNC decal on front and rear of vehicle while providing TNC Services:

Police enforcement:

Answer 72

CMVI $500 to driver

Question 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:

Answer 73

CMVI $500 to driver

Question 74

Transportation Network Companies:(Uber, Lyft, etc)

No certificate: Not having a TNC background certificate or a TNC certificate.

Enforcement:

Answer 74

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

Question 75

Transportation Network Companies:(Uber, Lyft, etc)

Not having complied with TNC insurance requirement.

Enfocement:

Answer 75

CMVI $500

Question 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:

Answer 76

Criminal Complaint

Question 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:

Answer 77

Criminal Complaint.

Question 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:

Answer 78

a volunteer.

if they do it for a living, they need commercial plates.

Question 79

Commercial Plates:

If the vehicle has business advertisements or markings, they need commercial plates unless:

Answer 79

unless the advertisements or markings refer to a charitable or religious organization.

Question 80

Commercial plates:

If you are HIRED to snow plow, do you need commercial plates?

Answer 80

Yes.

Question 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:

Answer 81

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)

Question 82

Commercial plates:

A Commercial Vehicle that does not have the appropriate registration plates:

Enforcement:

Answer 82

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.

Question 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

Answer 83

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.

Question 84

Commercial plates:

EXEMPTION:

Vehicles in a fleet of a car sharing organization (e.g. Zipcar) MAY display:

Answer 84

private passenger motor vehicle plates and the name, address, telephone number, logo, or website address of the organization.

Question 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?

Answer 85

Yes.

They are exempt.

Question 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?

Answer 86

$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.

Question 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.

Answer 87

Antique motor car

Note: A motorcycle may also qualify as an antique motor car.

Question 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.

Answer 88

Custom vehicle.

Question 89

Assembled by a non- manufacturer from new or used parts and replicating an earlier year, make, and model vehicle.

Answer 89

Replica vehicle.

Question 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.

Answer 90

Specially constructed vehicle.

Question 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.

Answer 91

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.

Question 92

An antique vehicle must display an (blank) registration plate.

Answer 92

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.

Question 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:

Answer 93

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.

Question 94

True or false?

Street rods, replica vehicles, specially constructed vehicles and custom vehicles shall NOT be considered antique motor cars.

Answer 94

True.

They must be separately registered and plated by the registrar.

Question 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:

Answer 95

Issue citation at complaint application

Confiscate document.

Question 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.

Answer 96

10 days.

Question 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.

Answer 97

The Certificate of Origin

Question 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.

Answer 98

15 days.

Question 99

When damaged beyond what is economically reasonable to repair, or when stolen and unrecovered, a vehicle is considered a:

Answer 99

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.

Question 100

If a total loss vehicle is repaired to operating condition, a new title may be applied for. The new titles will state (“blank”).

Answer 100

“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.

Question 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.

Answer 101

True.

Question 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”).

Answer 102

“Recovered theft vehicle”

Question 103

Junked vehicles:

When a motor vehicle is junked or scrapped, the title or salvage title must be:

Answer 103

surrendered.

The registrar will cancel the title, and no title or registration will be issued for that particular vehicle at any future time.

Question 104

Vehicle Identification Numbers

All vehicle, trailers, and semi- trailers manufactured since what year must display a Vehicle Identification Number?

Answer 104

1978.

Question 105

What is the most comprehensive means of identifying any vehicle?

Answer 105

VIN

Question 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:

Answer 106

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

Question 107

Failure to Display VIN

Enforcement Action:

Answer 107

CMVI $40

Question 108

Failure to Display VIN

Elements:

Answer 108

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

Question 109

Failure to Display VIN:

Do officers need to show that the driver or vehicle owner was aware of the missing VIN?

Answer 109

No.

CMVI $40

Question 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:

Answer 110

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

Question 111

Defacing or Altering VIN Ch. 266 Sec 139.

There are 3 ways to violate 266 sec 139

Type 2: Transferring Tampered VIN:

Elements:

Answer 111

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

Question 112

Defacing or Altering VIN Ch. 266 Sec 139.

There are 3 ways to violate 266 sec 139

Type 3: Receiving Tampered VIN

Elements:

Answer 112

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.

Question 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:

Answer 113

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

Question 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?

Answer 114

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.

Question 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?

Answer 115

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.

Question 116

Defacing or Altering VIN Ch. 266 Sec 139.

There are 3 ways to violate 266 sec 139

Which types cover motor vehicle PARTS?

Answer 116

Types 2 & 3.

NOT 1.

Question 117

This is the only organization that has information from automobile manufacturers concerning all vehicle identification numbers, including those in secret locations.

Answer 117

National Insurance Crime Bureau (NICB)

Question 118

Uninsured Operation 90 sec 34J:

Elements: (4)

Answer 118

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.

Question 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:

Answer 119

30 days.

Question 120

Uninsured Operation 90 sec 34J:

Enforcement:

Answer 120

Citation as complaint application.

NO RIGHT OF ARREST

NO CMVI AUTHORIZED

Question 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:

Answer 121

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!

Question 122

Uninsured Operation 90 sec 34J:

Burden of proof:

Massachusetts resident:

Answer 122

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.

Question 123

Uninsured Operation 90 sec 34J:

Burden of proof:

Nonresident:

Answer 123

Burden on the motorist to provide proof of insurance.

Question 124

Uninsured Operation 90 sec 34J:

Trailers must be insured in order to be registered because, just like vehicles, they can:

Answer 124

cause damage to people and property, and sustain damage as well.

Question 125

Uninsured Operation 90 sec 34J:

Is intent necessary?

Answer 125

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.

Question 126

Fraudulent Motor Vehicle Insurance Claim:

ROA:

Answer 126

Felony.

Question 127

Fraudulent Motor Vehicle Insurance Claim:

Type 1: Fraudulent Claims

Elements:

Answer 127

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.”

Question 128

Fraudulent Motor Vehicle Insurance Claim:

Type 2: Fraudulent Appraiser/ Repair Shop:

Elements:

Answer 128

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.

Question 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.

Answer 129

Fraudulent Motor Vehicle Insurance Claim:

Type 2: Fraudulent Appraiser/ Repair Shop:

Felony.

Question 130

Fraudulent Motor Vehicle Insurance Claim:

Type 1: Fraudulent Claims

Type 2: Fraudulent Appraiser/ Repair Shop:

Type 1 ROA

Type 2 ROA

Answer 130

Both felonies.

Question 131

Fraudulent Motor Vehicle Insurance Claims:

What does “materially false information” mean?

Answer 131

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.

Question 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?

Answer 132

Yes.

There was sufficient evidence that Driscoll lied to make the incident fit under his policy.

Felony.

Question 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?

Answer 133

Fraudulent Motor Vehicle Insurance Claims

AND

Larceny by False Pretense

*Conviction for Insurance Fraud AND Larceny is possible.

Question 134

Motor Vehicle Arson for Insurance Claim:

ROA:

Answer 134

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.

Question 135

Removal of Motor Vehicle to Defraud an Insurer:

ROA:

Answer 135

Felony.

Question 136

Whenever a vehicle is burned, the owner must submit form to:

Answer 136

the fire department.

Question 137

Procuring Clients/ Patients for Insurance Fraud Ch. 266 Sec 111C:

Elements:

Answer 137

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

Question 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

Answer 138

Procuring Clients/ Patients for Insurance Fraud Ch. 266 Sec 111C:

Question 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.

Answer 139

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.