Chapter 5-7 Flashcards
What is chapter 90 section 9?
Unregistered motor vehicle
What are the elements of Ch. 90 section 9 unregistered motor vehicle?
Operate or allowed to remain,
- operate, push, draw, tow or allowed to remain
- As the owner, allow someone else to do those things
- Has to be a motor vehicle or trailer
- Upon a way
- no registration -is in effect for the vehicle or trailer
What are some special situation for unregistered motor vehicle Under chapter 90 section 9?
- Non-residence
- College students
- Grace period
- Military personnel
Under chapter 90 section 9, unregistered motor vehicles special situations, what may non-residents do?
Non residents may operate a vehicle in Massachusetts as long as it is properly registered in the non-resident state or country, and the non-resident has vehicle insurance an amount equal to or greater than the minimum requirement for vehicles registered in Massachusetts.
How long are non-residents be able to drive under Chapter 90 section 9?
There is a 30 day limit for less adequate insurance, meaning you can only drive under this exception for 30 days.
Under special situations for out of state registrations what is the law for Massachusetts Resident operate an out of state vehicle in a Massachusetts?
An out of state vehicle may not be operated by a resident of the Commonwealth for more than 30 days if it’s registered outside Mass. This prevents a mass resident from using a vehicle that is registered out of state for more than 30 days.
Under exception or special Situation for non-residents what does a non-resident have to do when they move to Mass?
Once a non-resident becomes a resident that person has to obtain a registration in the commonwealth within that 30 days limit.
What is a special situation in chapter 90 section 9 for college students?
The rules for college student college students are found in chapter 90 section 3. It states it is a students obligation for every non-resident college or high school student who operates a vehicle in another state or country between September 1 and ending on August 31 of the following year, shall file in triplicate with the police department where the school of college is located. An RMV form signed stating the vehicle insurance, which must meet minimum mass requirements. The police shall send one copy to the registrar and one to the school or college.
The colleges obligation is that the school must maintain a register of students with out-of-state insurance and allow the police inspection at reasonable times. Schools must issue a decal to each student which shall be affixed to the upper most center portion of the windshield. Any school or college failing to maintain a register or to issue decals will be find $105 for each offense.
Under chapter 90 section 9 what is the seven day grace period transfer a rule?
Under chapter 90 section 2, the purchaser of a motor vehicle has seven days to transfer his or her registration and insurance coverage onto a newly acquired vehicle. The seven day period starts on the day of transfer day one and lasts until 5 PM on the seventh day.
Under the grace period of the seven day transfer a rule what following requirements must be met?
The seller must have properly signed the certificate of origin ( new vehicle) Or certificate of title ( used vehicle) And deliver the appropriate document to the purchaser.
- Purchaser must be at least 18 years old.
- Previously owned vehicle and newly acquired vehicle must be the same type and have the same number of wheels.
- The registration plates must be attached to the newly acquired vehicle or trailer.
- Must transfer ownership or lose possession of old vehicle.( Meaning the vehicle is a total loss by reason of theft without recovery, damage reboot beyond repair, burning or otherwise)
What ate the violations of the seven day rule that are sufficient evidence?
That the vehicle is unregistered chapter 90 section 9, uninsured chapter 90 section 34, and that the plates have been unlawfully attached under chapter 90 section 23.
What is a military personnel special situation for chapter 90 section 9?
Military personnel if serving on active duty the following rules apply:
- Vehicle purchase, titled and registered in home state
- Vehicle not purchased, titled and registered in home states
- Vehicle from abroad bears armed for its plates
What are the penalties Massachusetts residents offenses for chapter 90 section 9?
Unregistered vehicles first offense is a fine of $105, subsequent offense is a fine of $1005
- Failure to place the appropriate decal on the plate calls for CMVI of $35,
- Massachusetts resident improperly registered out of state should be cited under chapter 90 section 3, which is imposes a city civil motor vehicle in fraction of $255.
What are the penalties for non-residents offenses of chapter 90 section 9 unregistered insured?
Any non-resident student who fails to register an out-of-state vehicle with the police department with the college is located shall be issued a civil motor vehicle in fraction of $205,
Any nonresident motorist motorist including students who has a valid out-of-state registration but fails to maintain an adequate insurance she’ll be incited for operating an uninsured vehicle chapter 90 section 34J.
What is chapter 90 section 5 and 540 CMR 18. 00?
General distinguishing registrations.
What are general distinguishing registrations under chapter 90 section 5?
General distinguishing registrations are issued to certain businesses which are allowed to move plates from one vehicle to another.
What are 6 examples of a general distinguishing registration?
A dealer plate. Farmer plate Contractor Repair Transporter Government
What are people with general distinguishing registration plates not allowed to do?
-No learning, leading for hire, or renting the actual plate
-
May the owner of a general distinguishing registration loan out a vehicle with a dealer plate on it?
Yes they may loan a vehicle with a dealer general registration but only for a maximum period of five consecutive days. Under chapter 90 section 5 the holder of the general registration dealer plate may loan or let for hire a vehicle owned or controlled by him for up to five days.
What are other examples of a general distinguishing registration license plate?
Farmer, contractor, repair, transporter, and government.
What are the penalties of the miss use of the dealer plates, repair plate, or other general registrations?
Any miss use of general registration plate shall be regarded as a violation of chapter 90 section 23 attaching plates. Therefore officers should Cite the offender under 540 CMR 18. 04 and apply for a criminal complaint
-The RMV may also suspend or revoke after notice in an opportunity for a hearing, any rate general registration or never plate if he or she has a reason to believe that the holder violated RMV regulations. Revocation shall be not less than 12 months in no time limit shall be credited until the holder has returned the master certificate of registration and all registration plates
What is chapter 90 section 3 1/2?
Establishing and misrepresenting residency.
Under chapter 90 section 9 unregistered motor vehicle, what are the elements for establishing and misrepresenting residency chapter 90 section 3 1/2?
Improper registration or misrepresentation(No person may improperly registry motor vehicle or trailer in another state to misrepresent the place of Garage in the motor vehicle or trailer within Massachusetts)
-purpose of evasion (For the purpose of evading are reducing the payment of a motor vehicle excise tax, sales or use taxes, or insurance premiums,) -each taxable year a motor vehicle or trailer is improperly registered shall be considered a separate offense, but no more than three years shall be the subject of prosecution.
What is chapter 90 section 23?
Attaching or concealing registration plates.
Under elements of chapter 90 section 23 attaching a concealing registration plates, how many types of elements are there?
There is type one and type two.
What is Type 1 under chapter 90 section 23, attaching or concealing registration plate?
Type one is attaching a plate. This is where it is the wrong plate on the wrong car.
-This is where a suspect attaches or permits another to attach a particular registration plate to a motor vehicle or trailer knowing that the plate is does not belong to that vehicle,
What is Type 2 under chapter 90 section 23, attaching and concealing registration plate?
Type two is concealing a plate. This is where it is the right plate but they are trying to hide the registration number on the plates. The suspect intended to conceal the identity of a motor vehicle or trailer,
-By obscuring or permitting to be obscured the number or Letters on a registration plate, or failing to display the duly assigned registration number plate this is a violation.
What is the penalty for chapter 90 section 23 attaching or concealing registration please?
Penalty is right of arrest with probable cause. Issue citation as a complete application. The plate may be seized and confiscated Plate shall be destroyed or recycled. ( no longer goes back to registry)
What if a police officer start stops a out-of-state vehicle that plates are attached on, what is the penalty?
If a officer learns that an out-of-state vehicle plate is attached, they should charge chapter 90 section 23. The statute does not limit coverage to Massachusetts plates.
What is chapter 266 section 139?
Stealing registration plates.
What are the elements of stealing registration plates under chapter 266 section 139?
The suspect must take and carry away, another’s license plates that was attached to the vehicle or sign to another.
What is the penalty for stealing a registration plate?
Right of arrest with probable cause Or a fine of no less than $500, no more than $1000. Under chapter 266 section 139 there is a Warrantless right of arrest with probable cause authorized.
What is considered proper display for registration plates?
The plate number must be clean and unobstructed. Plate must be unobscured where you can read the registration number and letters. It does not matter if they cover the wording around the plate. A tilted license plate may qualify as obscured if the officer cannot see it without moving his head. License plate cover, tinted or not only violates chapter 90 section 6 if it obscure is the registration number or reduces illegibility or reflective quality of the plate. This will carry a penalty of CMV I $40.
What is a requirement on a registration rear plate?
A rear plate must have white light and be visible for at least 60 feet at night. Under chapter 90 section 6. The penalty is a civil motor vehicle in fraction of $40.
What is the difference between chapter 266 section 139 in chapter 90 s 23?
In section 139 the offense requires proof that the suspect actually took the plate. In contrast chapter 90 section 23 simply requires at the wrong plate appear on the wrong vehicle. For example there are times when officers may see the wrong plate in the wrong car but not believe the place stolen. Or officers might even believe that the Morris knows the plate on his car is stolen but lack the proof that he is the one who took it. And that last case section 23 attaching or 266 section 60 receiving stolen property are the only options for charges.
What is a dealer plate under 540 CMR 18.00?
The registry will issue dealer plates to motor vehicle, motorcycle, boat and trailer, and recreational vehicle and trailer dealers in manufacturers. The applicant must be licensed in the city or town where his business is located. The registry decides how many plates to issue. The dealer must have a fleet of at least 20 vehicles for sale.
Under 540 CMR 18.00 what is permitted professional use of dealer plates?
Under 540 CMR 18.04, dealers may use their plates to do the following:
Operate or tow a vehicle or trailer which is old owned by the dealer and operated principally for demonstration or sales purposes
-Remove snow from their business using dealer own vehicles
-Transport vehicles to the dealer buys or sells to or from auctions
-Transport vehicles to or from other dealer lots
-Deliver vehicles to buyers
-Loan a vehicle or trailer to a customer for sale or demonstration purposes for a maximum of five consecutive days
What is prohibited professional use of dealer plates under 540 CMR 18.04?
Dealer plates may not be used on vehicle owned by the dealer as business equipment. These vehicles must be separately registered, titled and insured, including the following:
- A courtesy bus
- A part or service vehicle
- A tow or ramp truck
- A loaner vehicle provided to customers who’s own vehicle is in for service
- A renter vehicle available to customers of the dealer for any purpose.
What is permitted personal use of dealer plates under chapter 60A section 1?
Under the excise tax statute personal use of dealer plates requires that a dealer pay an excise tax of $100 for each dealer plate issued. The dealer may attach a dealer plate to a vehicle from the business inventory then drive it for personal use. However using a dealer plate in this way is limited to the motor vehicle dealer, the dealer spouse, co-owner of the dealership, a qualified co-owner spouse, An employee of the dealer whose duties involve sale of motor vehicles.
What is the police enforcement of 540 CMR 18–04 improper use of dealer plates?
Under the section it holds at the improper use of a dealer plate constitutes attaching plates in violation of 90 section 23. As a result the officer should write this on the citation miss use of dealer plate 540 CMR 18–04, check off the box for criminal complaint. The officer should also confiscate the plate under 540 CMR 2.05 and inventory in tow the vehicle.
What are registry actions for improper use of a dealer plate?
Under 540 CMR 18.05 if a dealer plate is used for an improper purpose or by an authorized person, the RMV maybe suspend one or more dealer plates, reduce the number of plates assigned, or revoke all plates for a minimum of one year.
What is a TNC?
A transportation network company. It is a corporation, partnership or other entity that uses a digital networks to connect writers to drivers for transportation the world most widely recognized TNC’s are Uber and Lyft under general law chapter 159A 1/2.
Who do TNCs obtain an operating permit from?
The DPU, the department of public utilities. Permits must be renewed annually. They must maintain updated driver rosters and have toll-free hotlines for riders and driver questions and complaints. Incident reports must be retained for seven years.
What are some requirements that TNC operators must do?
- Drivers must fix a decal identifying the TNC to the front and rear of the vehicle,
- Must provide clear inconspicuous fair estimates to Rider’s at all times
- Drivers must use a vehicle that passes a TNC registry inspection protocol
- Drivers may not provide services that were not prearrange through the TNC app
- Drivers must obtain certificates from 10 mL before providing services
- Drivers must display their certificates inside the vehicle
- Drivers must carry proof of adequate insurance
- Riders with special needs must be accommodated
- TNC’s must provide the drivers name, picture, and license plate number to a writer on any digital Netwerk used to facilitate a prearranged ride.
What are TNC operate is not allowed to do and police may enforce?
They are not allowed to solicit except arrange or provide TNC services through Street Hills or select solicitations. Not having a TNC, background certificate, or a TNC certificate violates their requirements. Knowingly allowing another individual to use one certificate or identity to provide TNC services, or using a TNC certificate belong to another or misrepresenting one’s identity by means of digital net work is an offense. And failure to produce proof of transportation network driver certificate and background check clearance certificate upon request by law enforcement is also a penalty.
What information must be furnished to the police if there is a criminal complaint 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, the length of the trip, GPS coordinates of the route, driver identification, and information reported to the TNC about the crime.
What does 540 CMR 2.05 have to do with?
Commercial plates
