MV Law 14-17 Flashcards

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1
Q

What does chapter 14 of motor vehicle law have to deal with?

A

Bicycles

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2
Q

What are the motorist responsibilities when it comes to bicycles?

A

Bicycles must be treated just like any other vehicle. Some examples of charges for Motorist dealing with bicycles are:

  • Failed to yield to oncoming bicyclist when turning.
  • Failure to yield to bicycle when motorist is turning right
  • Unsafe overtaking of a bicyclist
  • Opening a door near a bicyclist
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3
Q

What are three types of bikeways under chapter 90E?

A

Bike paths, bike lanes, bike routes. Officers may in force vehicle encroachment on these following bikeways.

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4
Q

What chapter in Section covers Bicycle enforcement

A

Chapter 85 section 11 E direct officers to use motor vehicle citations to cite bicyclists for violations. Officers use chapter 90 C citation books to enforce bike laws as well. When officers fill out a citation for bicycle offenses they should indicate the ticket is a bicyclist. Properly serve the citation to the driver if they are 16 years and older or to the fenders parents for under 16. The only time someone is able to be arrested on a bicycle is for refusal or to give false information. This falls under chapter 85 section 11 E. If a person refuses or provides false information or information not want to ordinarily used the person can be an arrested or given a criminal fine. This is the only reason to arrest someone who has committed a bicycle in offense

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5
Q

May police officer in pound a bicycle?

A

Police officers may impound minors bicycles for up to 15 days under chapter 85 section 11 B. It states a parent or guardian of a person under the age of 18 shall not authorize or knowingly permit any bicycle violation. A bicycle operator under the age of 18 in violation of the section maybe the bike may be impounded by the police department for a period not to exceed 15 days. Before in pounding a child’s bicycles, officers are strongly advised to consult with the supervisor to make sure this significant step is justified under the circumstances.

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6
Q

What is another time a person a bicycle should be charged with some thing?

A

When A bicycles on Railroad property. States that no person may knowingly without right, be present, stand, walk or ride a bicycle on the right of way, bridge, or other property of any railroad corporation. The only exception is when the bicyclist is authorized to cross or bicycle walking path in accordance with state or federal laws. There’s a warrantless right of arrest for being on railroad property under chapter 160 section 218. The value of enforcement for this is good since authorized individuals around real property face grave danger.

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7
Q

Go over child safety for bicyclists.

A

No child under one years of age may be carried on a bicycle. Children between the ages of one and four may be in a baby seat attached properly, or on a tandem bicycle designs of the child can comfortably reach the handlebars and petals, or in a trailer attached to the bicycle that is properly secured and safe. This is the only time a child does not have to wear a helmet if they are in secured in a enclosed trailer.

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8
Q

What are the helmet requirements for bicyclists

A

Prove helmets are required for children 16 and under, If they are Traveling on a public way or path. The helmet must be properly secured. And the bike may be impounded if they don’t have access to or have an available bike helmet to ride.

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9
Q

What else is a helmet required?

A

How much are required for in-line skaters, non-motorized scooters and skateboards for children 16 and under. The helmet rule applies to any other manually propelled vehicle as well. Unfortunately legislature does not provide enforcement for this type of helmet violation. At this point officers may safely do two things one allow the child to walk home with the item, or confiscated I know item and return it to the child upon proof that the child has a proper helmet.

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10
Q

What happens for a bicycle accidents?

A

Bicycle accidents are required if any injury or if damage more than $100 occurs. Police should document bicycle accident on a RMV form, but never file it with the RMV. Police are required to file reports for the RV for certain vehicle at accidents this is not when it comes to bike accidents.

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11
Q

What Does chapter 15 in motor vehicle I have to deal with?

A

Mopeds in motorized scooters

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12
Q

What is the definition of a moped under chapter 90 section 1?

A

A moped is defined as a motorized bicycle a.k.a. moped as having a cylinder capacity up to 50 cm³ in an automatic transmission that cannot attain a speed over 30 miles an hour. It may or may not have petals. Tip if it indicates anywhere on the certificate of origin the vehicle goes more than 50cc, it cannot be registered as a moped

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13
Q

What is the definition of a motorized scooter under chapter 90 section 1?

A

Motorized scooters are defined as any two wheeled tandem or three wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas motor capable of propelling the device with or without human propulsion. The definition of motorized scooter shall not include a motorcycle or motorized bicycle or a three wheeled motorized wheelchair. An example of a motorized scooter is a pocket ninja that goes 80 mph.

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14
Q

What can you charge a operator of a moped or scooter with a suspended drivers license?

A

The proper charge for this would be chapter 90 section 21. A warrantless arrest is authorized for in fractions for motor moped or screwed in the presence of officer four:

  • Refusing to stop on the chapter 90 section 25
  • Leaving the scene after a personal injury chapter 90 section 24
  • Use without authority under chapter 90 section 24
  • Moped or scooters upon probable cause for OUI chapter 90 section 24.
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15
Q

What are the rules for mopeds and scooters?

A

An operator must have a valid license or learners permit while traveling on anyway. Learners permit may operate alone under chapter 90 section 8B and actually no accompanying operator shall be required such as a parent.
-No arrest, tow and issue a citation only. Officers may not arrest an unlicensed operator on a moped or a scooter. When faced with an improper or suspended operator, officers should tow an issue a citation. For mopeds under chapter 19 section 1 be the penalties $30 CMVI.

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16
Q

Rules for mopeds is a registration required?

A

The registration is required for mopeds, with one number plate and the expiration decal on the back. Registration certificate so now it should like cars and it must be renewed every two years this is covered under chapter 90 section 1D the penalty is CMVI $40.

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17
Q

What do you charge a person for operating in moped or a scooter with a suspended license?

A

Charge them check chapter 90 section 1B and the most you can do is a $30 CMV.

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18
Q

A new chapter 96 and 21 what are other warrantless arrest authorized for infractions under this chapter in section?

A

For mop heads or scooters in the officers presents you may make a warrantless rest for the following:

  • Refusing to stop under chapter 90 section 25.
  • Leaving the scene after personal injury chapter 90 section 24 (a1/2)(1)
  • What are used without authority chapter 90 section 24 (2)
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19
Q

When can you charge someone I’m on a moped or scooter for OUI?

A

End of chapter 19 section 24 you may arrest someone OUI on an moped or a scooter upon probable cause.

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20
Q

What are the requirements for operators for mopeds and scooters regarding licenses or permits?

A

Any operator driving a moped or scooter must have a valid license or Learners permit

  • While operating on anyway
  • Do you have a learners permit may operate a loan under chapter 90 section 8B.
  • and there’s no arrest. Officers may not arrest unlicensed operator. When faced with the improper or suspended operator officers to tell an issue a citation. For mopeds under chapter 90 section 1B the penalty is $30 CMVI . For motorized scooters under chapter 90 section 1E the penalty is CMVI $30.
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21
Q

Are registrations required for mopeds?

A

Mopeds must be registered, with one number plate and expiration decal on the back. Registration certificates are now issued like cars and it must be renewed every two years. If it’s not under chapter 90 section 1D penalty is CMVI $40. Motorized scooters no current registration requirement.

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22
Q

What are the helmets laws For mopeds and scooters?

A

For mopeds operators and passengers must have helmets. Safe to operator for the passenger violation since he may not permit it. Scooters no passengers are ever allowed. Operators must wear a helmet. Helmet specifications fall under the federal motor vehicle safety standard number 218. Labels must be inside and outside the helmet. Charges for not wearing a helmet for mopeds under chapter 90 section 1B is a CMVI for $30. For motorized scooters with no helmets under chapter 90 section 1E it is a CMVI of $30.

23
Q

Are there any speeding violations authorized for mop heads or scooters?

A

Yes. Mopeds traveling over 25 mph may issue a speeding citation under chapter 90 section 1BCMVI $30. First hooters traveling over 20 mph under chapter 19 section 1E the penalty is a CMV $30.

24
Q

Are there specific hours of operation for mopeds or scooters?

A

Mopeds have no limitations for all hours of operation. Scooters no operation after sunset or before sunrise. The charge for motorized scooters traveling after during this limitation is chapter 90 section 1E the penalty is CMV $30.

25
Q

Is there OUI enforcement for moped scooters?

A

Yes. All you are is treated legally the same way as the white of a motor vehicle. For scooters it’s a different oui situation. And there is a right of arrest in chapter 90 section 21 for oui. Officers may make warrantless arrest for operators upon probable cause for OUI. The same rules should be applied to scooter cases.

26
Q

What is the definition of a motorcycle?

A

Under chapter 90 section 1 the motorcycle has a seat or a saddle and travels on not more than three wheels except for a golf club carrier, an industrial three wheeled truck, a vehicle on which the operator and passenger ride in an enclosed cab or a moped.

27
Q

What are the helmet specifications for a motorcycle

A

Helmet law falls under chapter 90 section 7 for safety equipment. A helmet is an essential safety feature of a motorcycle like brakes on a car. The helmet specifications under 540 CMR 22.08, every operator or passenger on a motorcycle or moped, including a Sidecar, must wear a helmet “with a suitable retaining device in position, manufactured to protect at least the area of the where is head above a reference plane of 2.36” Any helmet must also meet current US Department of transportation or DOT federal motor vehicle safety standards number 218. The labels indicating whether a helmet meets the standard should be located both inside and outside the helmet.

28
Q

What is important to know about officers and helmet violations?

A

Officers lack the authority to allow continued operation by any writer who lacks a proper helmet. This requirement peers in chapter 90 section 7 which deals with all essential safety equipment like lights, brakes, horns etc. If the Rider cannot reasonably obtain a conforming helmet on the side of the road(For example have a friend bring one to them) Officers must tow the motorcycle or allow the rider to leave it properly parked and arrange alternate transportation. The only way officers should be lenient is by issuing a verbal warning only but not let them leave without a helmet.

29
Q

testWhat is the only exception for motorcycle helmets?

A

If the motorcyclist is participating in a properly permitted public parade and is 18 years of age or older.

30
Q

What is the fine for not wearing a proper helmet?

A

Chapter 90 section 7 issues a penalty of CMVI $40.

31
Q

Is eye protection required for motorcyclist?

A

Operators must wear appropriate protection. Eyeglasses, goggles, or a protective face shield must be worn unless a motorcycle is equipped with a windshield or a screen. The penalty for this is under chapter 90 section 7 of CMVI $40.

32
Q

What are the license restrictions for a motorcycle?

A

Any operator must have a proper license or learner permit (Class M). Minors under the age of 18 may be issued a motorcycle license if the minor meets the requirements for junior operators license and successfully complete and approved basic motorcycle rider course. Under chapter 19 section 10 the penalty of not having a proper license is a Crime no less than $100 fine or no more than $1000 fine.

33
Q

What are the restrictions for a learners permit?

A

1) No passenger is allowed when a person has a learners permit. It’s falls under chapter 19 section 8 be with a penalty of $40 there’s an alternate enforcement of chapter 19 section 10 we’re officers may you rest in the presents or issue a citation as a criminal complaint for having a passenger.
2) people with motorcycle learners permits may not operate after sunset or before sunrise. This falls under chapter 90 section 8B with a penalty of $40 there’s an alternate enforcement of chapter 90 section 10. Officers may arrest in presence or issue a citation as a criminal complaint application.

34
Q

How many passengers are allowed on a motorcycle?

A

They’ll be no passengers unless a motorcycle is equipped to carry more than one rider. This falls under chapter 90 section 7 with a penalty of $40.

35
Q

What is the age requirement for children on the back of a motorcycle?

A

There are many different things regarding children on the back of motorcycles. Seatbelt law does not apply to motorcycles. Therefore the total child must be old enough and strong enough to hold on. Child must always be behind and never in front of the operator. Young passenger must also wear a helmet and be put be able to put his feet on foot pegs. A bike rest or sissy bar is recommended for children. After considering the type of motorcycle, the strength and characteristics of the child, officers may Allah operation with the child to continue or may charge operating to endanger. The decision should be made on a case by case basis

36
Q

What chapter and Section deals with unnecessary motorcycle noises?

A

Chapter 19 section 7U and 540 CMR 3.02-3.03. No motorcycle shall operate where the noise exceeds 82 dB when operating within a speed zone of 45 miles or less. 86 dB when operating over the speed of 45 measured at 50 feet using the highway sign measurement procedure. For enforcement a tolerance of +2 dB shall be applied to all measurements and sound levels. RMV regulatory levels are at 5:40 CMR Sets forth the stationary noise levels which correlate with non-stationary levels established by 7U.

37
Q

What is harsh and objectionable noise, altered exhaust and muffler under chapter 90 section 16

A

This is really what you should use to be safe because no one carries a way to measure the noise of a motorcycle. Offense 1) harsh and objectionable noise is no personally operate a motorcycle in any manner that makes harsh and objectionable or unreasonable noise. Offense 2) altered exhaust or muffler no person shall modify any exhaust system or muffler in a manner which will amplify or increase the noise. The penalty for this is CMV I $55.

  • The value of this offense is that it does not require precise sound measurement like chapter 90 section 7U and it is also a higher fine.
  • Police do not need to use sound meters under this in order to determine a motorcycle violates chapter 90 section 16. Officers should rely on common sense observation and make a note on their citations. For example how far the motorcycle was when you first heard the noise, did it drown out your police radio, did any pedestrians or motorist react, what was the motorist motorcycle operator doing at the time? And what is the character of the area residential or commercial?
38
Q

What is chapter 17 in the motor vehicle Iaw book have to deal with?

A

Recreational and snow vehicles.

39
Q

What is an OHV?

A

Oh HV definition is for off-highway vehicle‘s under chapter 90 B section 20. This is described as any motor vehicle designed or modified for use over an improved terrain for recreation, while not being operated on a public way, including all-terrain vehicles, dirt bikes, utility vehicles and all registered motor vehicles while not being on a public way. So all OHV laws apply to motor vehicles driven off public Waze.

40
Q

What are examples of OHV?

A

An example of an OHV is a snow vehicle. Which is a vehicle supported in whole or in part by skis, belts, or cleats that is designed to travel over snow or ice. An all-terrain vehicle is a motorized recreation vehicle designed or modified for travel on for low pressure tires and having a seat straddle by the operator and handlebars for steering.

41
Q

What happens if a recreational or snow vehicle drives on a public way?

A

If used in a public way, snow or recreational vehicles are subject to all motor vehicle laws including registration, plates, insurance and OUI.

42
Q

What is police enforcement for recreational in snow vehicles?

A

Under chapter 90B section 20, every officer may enforce recreational vehicles to include environmental, state, municipal, and other police officers like campus police man force these allies and regulations for recreational and snow vehicles. There’s arrest on PC for all violations to include CMV ice. Chapter 90 B section 13 states at all violations under 90 B and 323CMR or subject to warrantless arrest on probable cause. As a result even offenses that now only draw civil penalties like operating on public ways under Chpt 90 section 25, and age and operation requirements under chapter 90 section 26 are subject to arrest. Typically civil penalty offenses for which an officer makes an arrest a remanded for clerks hearings at arraignment since the arrest was valid, but the final penalty must be a civil fine.

43
Q

What are other enforcement issues for police authorities for recreational in snow vehicles.

A

Unsafe conditions, towing, abandoned, travel over private property, registration, number display.

44
Q

Explain termination of unsafe use for a recreational or snow vehicle.

A

Any officer may terminate OHV used for any unsafe condition which presents a substantial risk of injury. An unsafe condition is defined in 323 CMR 3.02 as:
No lights, fuel leakage, no helmet, underage operator, under the influence operator, dangerous operation, no spark arrestor, or in proper operation on a public way.

45
Q

What is the towing issues for recreational in snow vehicles?

A

Under 323CMR 3.04 officers Mato OHV’s or unregistered motor vehicles on public land if:

1) The operator willfully neglect or refuses to pay their orders
2) The operator is arrested
3) The vehicle is abandoned
4) The vehicle is unsafe to use
5)  Vehicle or operation is noncompliant with chapter 19 section B.

46
Q

What is a police enforcement for abandoned OHV?

A

And oh HV is considered abandoned is left on property without consent in unattended for 72 hours or more. The last owner of record is presumed to have a band in the vehicle unless it was reported stolen

47
Q

What is the police enforcement authority for snow in recreational vehicles at travel over private property?

A

Under chapter 90B section 13, Permits “officers in the performance of their duties to enter upon and pass through or over private lands and property whether or not covered by water”.

48
Q

Go over registrations in number displays for OHVs.

A

All OH vees must be registered before they may be operated. They will be designed designated as either a recreational or a snow vehicle a registration application must be filled out truthfully. Define for not having a registration is chapter 90 B section 22 with a penalty of CMV I no less than $250 no more than $500.
-There is no grace period for insurance requirements or reciprocal agreements with other states operated Massachusetts
-When owner changes his name or address he has 30 days to report to change to the Director of environmental police under chapter 90 B section 22
-The registration must be accessible to the operator and produced upon demand of any officer or the owner of any land with vehicles being operated
-Transfer of ownership must be done within two days, notify the Director and return the registration certificate with the new owners name and address.
-under chapter 90 B section 28 the Director may suspend or revoke the registration of an OHV, after hearing, for a good cause, including 1) non-ownership by the applicant,
2) failure to meet equipment standards after the owner received notice to comply,
3) dangerous operating operation causing injury or property damage, or permitting this behavior, or
5) any other valid reason.
And finally it’s under chapter 90 B section 26 it is illegal to operate an OHV whose registration has been suspended or revoked. A penalty of CMVI $250.

49
Q

Under chapter 90 B section 26 what is the age requirements for a snow or recreational vehicle?

A

A license or permit is not required. Under age requirements under the age of 14 no person may operate an all-terrain or utility vehicle except during an organized event.
-Between 14 and 16 years old no altering or recreation utility vehicles with an engine capacity greater than 90 mL may be operated by this age group.
-Under the age of 16 1/2 no person under this age they operate an OHV across the public way unless supervised, Or that person holds a valid license or is directly supervised by a person 18 years or older.
-A person who is 18 or older must not knowingly permit someone to allow improper operation for anyone under the age of 18 that is in the custody or control.
The penalty for any of these age requirements or a CMVI of $250 or arrest on probable cause.

50
Q

What also it’s required for anyone driving an OHV?

A

All operators 18 and under must complete an approved safety course. A parent or guardian must participate in a course session if the operators under 16. Completion of an approved, out of state course is sufficient. And a person 18 or older must carry safety certificate at all times if they don’t have it they may be subject to civil or arrest. The penalty for not carrying your mandatory certificate is CMV I know less than $250 no more than $500.

51
Q

What are the OUI charges for operating OHV?

A

Under chapter 90 B section 26A there are two offenses 21 or older oui or the BAC of .08 or more you were per se oui.
Type two: under 21, oui or BAC .02 or more your per say under the influence. There’s a warrantless right of arrest on probable cause. Also a fine of no less than $500 and no more than $5000. The RMV suspension of a motor vehicle license if 21 or older is one year for 21 or under it’s two years.

52
Q

What are the charges for leaving the scene for OHV operators?

A

Under chapter 90 B section 26P a person operating an OHV may not collide, and cause either damage to property or bodily injury to another without stopping and making his name address and OHV registration number known.
-There is a right of arrest for this
The penalty for this is for property damage is a fine no less than $250 and no more than $1000. For any injury sign is no less than 500 no more than 1000+ RV suspension of motor vehicle license. And oh HV forfeiture pursued by the DA. Failure to file an accident report if a person is killed, injured, or property damage exceeds $50 individuals must immediately notify any line Forssman officer and submit a report within 48 hours to environmental police. Under chapter 90 B section 27 the penalty for not doing this is CMVI $50.

53
Q

What are some other dangerous and proper operation of a snow in recreational vehicle?

A

Carrying a rifle or shotgun, harassing and chasing wildlife, damaging growing stock, damaging property, operating without permission on property of another, dangerous and improper operation, operating within protected area, operating with inadequate snow cover, damaging or defacing property, damaging beach or dune, Operating on wetlands, and operating within 150 feet of a residence.