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MOTOR VEHICLE INVESTIGATION (MPTC) EXAM Bundle
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Motor Vehicle Investigation (MPTC) Exam Questions with correct Answers
Windshield Size Up - Answer- While in the vehicle identify damage and condition of vehicles, potential injuries, need for additional resources, and identif... [Show More] y hazards Final Resting position - Answer- Where the vehicle comes to a complete stop after area of impact RESPECT model - Answer- the model used in crash investigations Patrol Car Postioning - Answer- position the patrol car to protect scene, passing motorists, and first responders, use emergency lights to warn approaching drivers Person in charge while on scene during emergency care for a crash - Answer- highest ranking FIREFIGHTER Chapter 85 - Answer- Regulations for ways Chapter 89 - Answer- Laws of the road: turning, passing, lane usage, right of way, failure to stop Chapter 90 - Answer- Motor Vehicles, includes leaving the scene of a crash, OUI Two Types of Motor Vehicle violations - Answer- 1. CMVI: minor infractions, with no provision for arrest of imprisonment. 2. Criminal Violation: more serious, arrest or imprisonment USASIR model for warrantless arrest in presence - Answer- (U)nlicensed operation, operating (S)uspended license, use without (A)uthority, leaving the (S)cene, operating under (I)nfluence, (R)efusal to submit. Three key elements for MV law - Answer- motor vehicle, operation, public way, public access, or in rare occasion private way Motor Vehicle definition - Answer- all vehicles constructed for propulsion, by power rather than muscular power eg. cars, trucks, motorcycles, atvs, snowmobiles operation - Answer- a person is operating whenever they are inside the vehicle and intentionally manipulate some mechanical or electrical part of the vehicle, which alone or in sequence will set the vehicle in motion Public Way - Answer- any street or highway open to the public and maintained by some sort of government including mass highways, municipal streets and roads Public access - Answer- all non ways in which the public has access and regularly drives motor vehicles upon or public access by request eg parking lots, public parks Statute of limitations for most MV violations - Answer- 6 years Delivering Citation - Answer- officers should deliver citation immediately at the time of offense impossible, ways to deliver include 1. in hand 2. Mail to violater license types - Answer- A, B, C, D, M *D most common Jr operator restrictions - Answer- Cannot operate with any passenger under 18 unless, they are family member, passenger has valid license, is 21 and has 1 year driving experience, operator is emancipated and living alone. How many Days until you must notify RMV of your address change - Answer- 30 Prints - Answer- are left behind when a rotating tire is not spinning or skidding and leaves tread impressions in soft materials. Can determine direction of travel, and in some cases positively ID vehicle skids - Answer- are left behind when a tire loses traction and slides over a roadway or other surface. Occurs when a wheel becomes locked by braking or jammed following a crash. Determines speed, action, position in roadway, and travel path before collision. scuffs - Answer- made by tires that are simultaneously rotating and side slipping caused by vehicles are rapidly accelerating, have a flat or are overloaded how many days do you have to transfer a registration to a newly purchased vehicle - Answer- 7 how many days does a new resident in Massachusetts have to register their vehicle in the state - Answer- 30 how many days do owners have to get a newly registered vehicle inspected - Answer- 7 how many days do you have to repair a vehicle due to emissions failure in an inspection - Answer- 30 buses and vehicles carrying hazardous loads must stop how many feet before a railroad - Answer- no less than 15 feet and no more than 50 ft Yaw Marks - Answer- A type of scuff when the vehicle is navigating a curve and rear tires move in a direction other than where the vehicle is heading, curved with distinct striations. help show vehicle speed, location, intended travel direction Marking evidence - Answer- using chalk, spray paint, or "tents" use ONE mark for items less than two feet long, use TWO or more marks to identify larger items, mark skids at end or in intervals of 5-15 ft offset skid mark - Answer- indicates something was struck and changed direction Mechanical Evidence - Answer- a vehicle defect or malfunction eg equipment failure, loads transported, driver instrum [Show Less]
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Motor Vehicle Investigation (MPTC) Exam
67 in a 55 in construction work zone - Answer- $245 Signs white with black lettering - Answer- Statutory license plate shall be kept clean for ___ fe... [Show More] et so car behind can see it - Answer- 60 feet Children who are ___ should wear and sit in a booster seat - Answer- 8 years old and 4'9''/57 inches Chapter 90 sec 19 The widest load allowed on the road in ma - Answer- 102 inches Upon approaching an emergency vehicle (Police, fire , Ems) who is responding to a call every person driving a vehicle on a way shall.. - Answer- immediately drive to the right and stop. A junior operators license is not valid - Answer- 12:30 - 5:00am Failure to submit a license when being pulled over is.. - Answer- arrestable 90/25 Upon stopping at a stop sign (89/9) proceed when.. - Answer- safe to do so after counting to three If a person is having a medical issue while driving... - Answer- tow, remove, file immediate threat, medical affidavit. Thickly settled roadway is defined as.. - Answer- more than one house for every 200 feet that exist for more than ¼ mile Violations of seatbelt law is a .. - Answer- Secondary Offense How many days do you have to notify RMV of your change of name / address? - Answer- 30 days How many days to get an inspection sticker on a new car? - Answer- 7 days Is a snowmobile considered a motor vehicle? - Answer- Yes Exemptions to seat belts - Answer- any car prior to July 1, 1966 does not need seat belts, USPS, taxi drivers, passengers of authorized emergency vehicles, buses Which method should officer use to give citation to male involved in crash? - Answer- Give citation in hand. TIMS what should you do first when arriving at a MV crash? - Answer- (Windshield Size Up) Evaluate damage to vehicles before exiting patrol car Which person is operating a motor vehicle? Ms. Bush is sleeping behind a mv, with the engine running, Mr. Bush is behind the wheel at night, lights on no key in the engine or all of the above? - Answer- All of the Above Which of the following is a motor vehicle? Bicycle, snowmobile, railroad or all of the above? - Answer- Snowmobile After writing a citation, Ofc Lopes learned the person lied about their name. What should Ofc Lopes do to directly void the citation? Write void across the front, attach void across the face or all of the above? - Answer- Write VOID across the front What do you need to stop a motor vehicle? - Answer- Reasonable suspicion Officer Kilmartin stopped a car because it failed inspection due to a cracked windshield and defective brakes. What will the sticker look like? - Answer- The sticker will be a Red R Todd recently moved from Randolph to Swampscott. How long does he have to notify the RMV of his change of address? 7, 30, 60 days? - Answer- 30 days Which below is the safest practicing for managing cars? Intermix of flares and cones/ monitoring the flow of traffic, or wearing a reflective vest? - Answer- Wearing a reflective vest Adams car failed for emissions, how many days does he have to get his car fixed and a new inspection sticker? - Answer- 60 days Which of the following statement about seatbelt use is correct? - Answer- May issue a citation to 16 years old or over Can you pull over a vehicle for no seat belt? - Answer- No Which best describes induced damage of an MV crash? - Answer- The car gets in a rear-end collision and there is damage on the roof (remember roof-top) Do we keep the original and top copy of uniform citations? - Answer- No, we keep bottom copy Within how many days should the RMV must receive a uniform citation? - Answer- 6 days How many days do you have to pay or appeal a uniform citation? - Answer- 20 days When investigating a MV crash you must identify human, mechanical, and environmental evidence.. What is an example of mechanical evidence? - Answer- Under-inflated tires Nicholas was driving in reverse and crashes into his neighbors fence. He was not injured and the damage to the vehicle was minor, the cost to repair the fence as $1100. How long does Nicholas have to pay for the repair? - Answer- 5 days Police agency must complete a MV crash (over $1000 in damage) report within how many days? - Answer- 15 days Which type of MV skids are generally less than 3 feet long from a locked tire? - Answer- Skip Skids Officer Kilmartin needs to stop a MV for speeding. What should Officer Kilmartin do to conduct a safe MV stop? - Answer- Walk towards suspect using bladed method. Officer Kilmartin following a MV involved in an armed robbery. The SUV has 3 parties in the vehicle, what should he do first to conduct a high-risk stop? - Answer- Immediately exit the vehicle and gain cover You pull over a person for carjacking? Where does the first back up car go? And the second ? - Answer- Position the first back up car behind the vehicle, and the second back up car should go next to first on the right What color identifies materials as a hazard to human health? - Answer- Blue Officer Kilmartin responds to a traffic crash. During the windshield size up, you can see a small white cloud of vapor coming from the tanker. How far should he keep people away/ establish the perimeter and secure the scene? - Answer- 300 feet All drivers must remain ___ feet behind a school bus at all times. - Answer- 100 feet SCCAN method - Answer- Seek Clues Contraband Arms Narcotics Copies of citations must be delivered to the RMV in ___ days. - Answer- 6 days [Show Less]
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MPTC MV Investigations Exam with complete solutions
Civil Motor Vehicle Infractions (CMVI) - minor infractions with no provisions for imprisonment or arrest (speeding, equipment violations, marked lanes) ... [Show More] Criminal Violations - vehicle violations that have provisions for arrest and imprisonment Powers of Arrest for Specific MV Law Violations (USA SIR) - Unlicensed Suspended (or revoked) license Authority, use without Scene, leaving the (knowingly cause injury) Influence, Operating under the Refusal to submit (name, address, license and reg, provide false name) MGL Chapter 85 deals with.... - regulations for ways MGL Chapter 89 deals with... - laws of the road MGL Chapter 90 deals with.... - Motor Vehicles MGL Chapter 90B (sections 20-35) deals with... - recreation vehicles motor vehicle - an automobile, motorcycle, or other kind of vehicle (except on rails) which is run by an engine or motor in the vehicle itself operation - person operating a MV whenever they are inside the vehicle and intentionally manipulate some mechanical or electrical part of the vehicle (gear shift, ignition) which, alone or in sequence, will set the vehicle in motion public way - any street or highway open to the public and controlled and maintained by some level of government. This includes interstates, state highways and municipal streets and roads. public access - is not a "way" but a place where the general public has the right of access and regularly drive MVs upon. ex. parking lots factors to determine a public way include, but not limited to: - street signs traffic signals asphalt or concrete surfaces painted lanes and passing zone lines adjacent curbing, sidewalks, or drainage gov't deeds and certification documents how to properly complete and serve a uniform citation in a timely manner - use BLOCK letters deliver copy of citation Immediately and IN HAND when to deliver citation in the mail - violator cannot be stopped violator resulted in death additional time needed to determine the violation additional time needed to identify driver circumstances deemed reasonable by the court how many days does the operator have to dispute for CMVI or criminal offenses - CMVI must pay within TWENTY days of issuance or request a hearing criminal offenses, violators have FOUR days to request a show cause hearing when can a vehicle be towed - probable cause (involved in a crime, contains evidence, etc...) community caretaking (abandoned MV, by-law violation, DMV, crash, operator under arrest, prevent theft, etc...) Manual traffic direction - use and wear safety equipment be visible to traffic and cars facilitate traffic flow use arms, hands and whistle to direct traffic Traffic Incident Management - planned, coordinated and multidisciplinary process for responding to and restoring the disrupted flow of traffic -only applies to incidents on any public way improve safety of the motorists of the following: a) car crashes b) stranded motorists c) objects in roadway environment evidence - can contain physical evidence and contributing factors relevant to the crash weather, time of day, road conditions, roadway characteristics, debris, visual obstruction, three types of tire marks - skids, yaw marks, and tire scuffs Tire Prints - when a rotating tire is not spinning or skidding, leaves tread impressions in soft materials Skid Tire Prints - left behind when tire loses traction and slides over a roadway or surface. wheel becomes locked by braking or jammed after a crash. Tires are NOT rotating and ARE sliding. --determines action, speed, position in roadway, travel path before/after collision types of skids - skip - locked wheel goes off the ground, then comes back to the road 1-3 feet long gap - tires lock, roll and re-lock 15-20 feet continuous - lone marks with definitive start and stopping points without skip or gap marks. scuff tire marks - simultaneously rotating and sideslipping across the road surface. tires ARE rotating and sliding type of scuff tire marks - yaw mark - vehicle in a curve and rear tires move in a different direction than where the car is heading. mechanical evidence - includes MV and related equipment. Less than 1% of crashes involve mechanical failure. human evidence - crashes are highly stressful events. people may not remember critical info. try to ask driver, passenger and pedestrians questions relating to the crash . Hit & Run Investiagtion - vehicle description, plate number last D.O.T, give a BOLO no witnesses, look for debris follow any marks left behind (tire, oil, etc) look for security cameras take photos how to determine if a vehicle in motion - officer witnesses it firsthand OR witness testified they saw the person driving driver found behind wheel of a crash driver sleeping behind wheel w car running driver found parked behind the wheel of a parked car driver admitted operation when outside a crash, and driver of second vehicle agrees. what are the SFST tests - 1. Horizontal Gaze Nystagmus (HGN 2. Walk and Turn 3. One Leg Stand (OLS) 4. Preliminary Breath Test (know how to administer them) steps a police officer takes during a hazardous material scene (4) - 1. detection 2. secure the scene 3. identify hazardous material 4. take action and request additional resources minimal distance for hazardous materials - 300 feet for gases, vapors, smoke clouds 150 feet for spilled liquids 75 feet for spilled solids different colored diamonds on hazardous material guidebook and what they mean - blue diamond - hazard to human health red diamond - hazard that can burn or ignite yellow diamond - hazard react [Show Less]
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Motor Vehicle Law MPTC Exam Questions and Answers
Civil Motor Vehicle Infractions (CMVI) c90C §1 - Answer- All _____ are minor infractions with no provision for imprisonment or arrest. Common _____ infrac... [Show More] tions include speeding, equipment violations, and marked lane violations. An open container of alcohol is a civil motor vehicle infraction. Commonwealth v. Mansur, 484 Mass. 172 (2020). Criminal Violations - Answer- _____ motor vehicle _____ are more serious, with provisions for arrest and imprisonment. Under M.G.L 90 §21, police can file a criminal complaint via citation and arrest without a warrant for specific violations. 3 Elements required to charge a person with motor vehicle offense - Answer- (1) a motor vehicle, (2) being operated on, (3) a public way or a place to which the public has access, and in some instances, a private way. Motor Vehicle - Answer- "all vehicles constructed and designed for propulsion by power other than muscular power constructed and designed for propulsion by power, including such vehicles when pulled or towed by another motor vehicle." include cars, trucks, motorcycles, all-terrain vehicles, recreation vehicles, snow vehicles, and vehicles being towed. NOT considered are · Railroad and railway cars · Trolleys · Vehicles running only upon rails or tracks · Wheelchairs owned and operated by mobility disabled · Vehicles operated or guided by a person on foot · Electric bicycles or motorized bicycles (mopeds) and scooters Vehicles used for purposes other than the transportation of property and incapable of going more than 12 MPH, and used exclusively for building, repair, and maintenance of highways or designed primarily for use elsewhere than on the traveled part of ways · Trackless trolleys with exceptions Operation - Answer- The "operator" is any person who operates a motor vehicle. "A person is 'operating' a motor vehicle whenever they are inside the vehicle and intentionally manipulate some mechanical or electrical part of the vehicle (e.g., gear shift, ignition, etc.) which, alone or in sequence, will set the vehicle in motion."1 The motor vehicle doesn't need to be moving or the engine to be running to establish operation. However, the suspect must intentionally do some act that makes use of the engine to meet the definition of "operation." Sitting in a motor vehicle without more is not enough. Public Way - Answer- "any street or highway open to the public and controlled and maintained by some level of government. This includes interstates, state highways, and municipal streets and roads." In determining whether any particular street is a _____ _____, you may consider whether it has some of the usual indications of a _____ ____ for example, whether it is paved, whether it has street lights, street signs, curbing and fire hydrants, whether there are buildings along the street, whether it has any crossroads intersecting it, and whether it is publicly maintained. 2 Factors used to determine a _____ _____ include, but are not limited to, the following: • Street signs • Traffic signals • Asphalt or concrete surface • Painted lane and passing zone lines • Adjacent curbing, sidewalks, and drainage • Government deeds and certification documents Right of Access - Answer- All "non-ways" where the general public has a right of access and upon which regularly drives motor vehicles. Examples would be: • parking lots • areas adjacent to government buildings • public parks. Invitee or licensee - Answer- Public access by request, invitation, or implicit permission from a business establishment or owner 4 Types of Citations (Uniform Citation) - Answer- Written warning CMVI Criminal Arrest The statute of limitations for most criminal motor vehicle offenses is - Answer- six years Officers should deliver the violator their citation copy ______ at the time of the offense for charges supported by probable cause. Failing to provide a violator citation copy is a valid defense in future court proceedings and may result in the dismissal of charges. - Answer- immediately There are three authorized delivery methods - Answer- In-hand to violator (best practice) In-hand to violator's agent Mail to the violator In-hand to violator (best practice) - Answer- In-hand is not literal but the most effective and definitive means of service. More than 1 hour after the offense was committed, officers went to the hospital, where the violator received treatment. Officers left a citation copy inside the violator's clothes on his emergency room gurney (lower shelf). This satisfied the in-hand delivery requirement. Commonwealth vs. Russo, 30 Mass. App. Ct. 923 (1991) In-hand to violator's agent - Answer- In Commonwealth v. Perry, 15 Mass. App. Ct. 281 (1999), the officer went to the hospital to deliver the citation in hand to the defendant. The nurse stopped the officer because of the defendant's condition. The officer spoke to the father and asked if he could see the defendant. The father said he did not want the officer to see his daughter because of her agitated condition. The officer handed the citation to the father. The court found that delivery to the defendant when it was ready would have been "inhumane and unreasonable because of her physical or psychological condition." Id. At 283. Under these unusual circumstances, the court found no violation of MGL c 90C sec 2. Mail to the violator - Answer- The best practice is to deliver the violator their citation copy immediately. Officers may temporarily delay the delivery of the citation copy to the violator under the following specific circumstances. • Violator cannot be stopped; • Violation resulted in death; • Additional time was needed to determine the nature of the violation. Commonwealth vs. Pappas, 384 Mass 428 (1981) o In Pappas, A 4.5-hour delay between the time of the crash and citation delivery was reasonable because officers needed to clear the scene, investigate the cause of the accident, and determine the nature of the violations. • Additional time was needed to identify the violator positively. Commonwealth v. Barbuto, 22 Mass. App. Ct. 941 (1986) o In Barbuto, a 174-day delay in the issuance of the citation involving charges of driving to endanger and leaving the scene of an accident after causing personal injury was reasonable because additional time was needed to determine the identity of the operator. • Circumstances deemed reasonable by the court. Commonwealth v. O'Leary, 480 Mass. 67 (2018) o In O'Leary, a single car rollover, driver and passenger were sent to the hospital. Officer conducted interviews at the hospital and informed the defendant he would receive a summons in the mail for OUI, marked lanes violation, and operating with a revoked license. Under the department's procedure, the report was submitted for supervisor approval. The report was approved nine days later, and a citation was issued. The complaint was dismissed for a violation of 90C § 2. The citation should have been issued and delivered either on the scene or at the hospital because the investigation was over by the time the officer left Falsifying a Citation - Answer- It is unlawful to knowingly falsify, dispose or destroy a citation copy. 5 operator classifications in Massachusetts - Answer- 1. Class A 2. Class B 3. Class C 4. Class D (most common classification). • Any vehicle not meeting the Class A, B, C, or M definitions. 5. Class M (motorcycle) How old to operate a motor vehicle in MA - Answer- 16 years of age The most common license restriction codes encountered by uniform patrol officers. - Answer- Learner's Permit - Answer- Allows persons at least 16 years old to drive a motor vehicle when accompanied by a passenger: 1. 21 years of age or older; 2. With a valid operator's license; 3. At least one year of driving experience; and 4. Who is sitting next to the driver. The operator must have their _____ _____in their immediate possession. Learner's Permit - Night Driving - Answer- A learner's permit holder may not operate a motor vehicle between 12:00 a.m. and 5:00 a.m. unless: 1. They are at least 18 years old; or 2. Are accompanied by a parent or legal guardian who has a valid license with at least one year of driving experience and is seated next to the permit holder. If the permit holder is an emancipated minor, they must be accompanied by a person 21 years of age or older, with a valid license, at least one (1) year of driving experience, and occupies the seat beside the driver Junior Operator License - Answer- A Jr. operator cannot drive a motor vehicle between 12:30 a.m. and 5:00 a.m. unless they are an emancipated minor living alone or accompanied by a parent or legal guardian. Officers cannot stop a Jr. operator from 12:30 a.m. to 1:00 a.m. and 4:00 a.m. to 5:00 a.m. unless there is another violation. Note: Violation of the driving time requirement falls under 90 §10 and is an arrestable offense. A Jr. operator cannot drive any motor vehicle requiring a commercial driver's license (CDL). Junior Operator License - Passenger Restrictions - Answer- During the first six months of receiving a Jr. operator's license, the holder cannot drive a motor vehicle with any passenger under 18 years old unless: 1. The passenger is an immediate family member; or 2. The passenger beside the driver has a valid driver's license, is at least 21 years old, and has at least one year of driving experience; or 3. The Jr. operator is an emancipated minor living on their own. A violation of the passenger restriction for Jr. operators is NOT an arrestable offense Refusal to Submit to Police Officer; 90 §25 - Answer- 1. License and Registration: Upon request by a police officer, persons operating or in charge of a motor vehicle must produce their license and vehicle registration. 2. Name and Address: Upon request by a police officer, persons operating or in charge of a motor vehicle must provide their name and address or the name and address of the vehicle owner. 3. Providing False Name: It is unlawful for a person operating or in charge of a motor vehicle to provide a false name or address to a police officer. 4. Must Stop: Motor vehicle operators must stop when signaled to stop by any police officer in uniform or displaying a badge conspicuously on the outside of his outer garment. 5. Sign Name: Upon request by a police officer, a person operating or in charge of a motor vehicle must sign their name in the presence of an officer. Passengers - Answer- Motor vehicle passengers cannot be arrested under 90 §25. No civil or criminal action can be taken against a passenger who refuses to provide identification upon request. Officers are not authorized to require a passenger to provide identification unless the passenger: 6. Has violated a law (e.g., seatbelt, alcoholic beverages) 7. Poses a safety risk as determined by the officer's specific and articulable facts 8. Is a necessary element of violation (e.g., sitting next to a Jr. operator) Note: Police may ask for identification from anyone for legitimate law enforcement or public safety purpose. • For example, if you are removing the operator from the driver's seat and the owner/operator wants the passenger to take possession of the car, you can ask for identification to check their license status. If the passenger refuses to provide identification, then the vehicle will not be turned over to them. Operation Without License; 90 §10 - Answer- It is unlawful to operate a motor vehicle on a public way without a valid operator's license. Operating without a license includes the following violations: 1. Never issued 2. Expired license or permit 3. Improper classification 4. In violation of license or permit restrictions 5. Jr. operator driving between 12:30 a.m. and 5:00 a.m. 6. Learner's permit operator driving between 12:00 a.m. and 5:00 a.m. 7. CDL operator without proper endorsement Military Personnel - Answer- Spouses of military personnel accompanying their spouses on assignment to Massachusetts may operate in Massachusetts if they possess a valid license in another state. Active-duty military personnel may operate in Massachusetts if they possess a valid license to operate issued by the state where they are domiciled. Upon returning to Massachusetts after an honorable discharge from active duty, military personnel has 60 days to renew an expired Massachusetts driver's license. With a driver's license issued by the Armed Forces based in another country, military personnel may operate a motor vehicle in Massachusetts for up to 45 days. This policy applies only to military personnel; it does not apply to their spouses or dependents. Non-Resident - Answer- A ________ ________ may operate a motor vehicle on Commonwealth ways if he is duly licensed to operate a motor vehicle under the laws of his home state or country, and his home state or country prescribes and enforces standards of fitness for operations of motor vehicles substantially as high as those prescribed and enforced by Massachusetts. Under M.G.L. Ch. 90 § 10, "No person under sixteen years of age shall operate a motor vehicle upon any way." So even though some states will grant a license to a person under 16, they are not considered to be duly licensed in MA until they reach 16. Police may use 90 §10 to charge non-residents who operate a motor vehicle after the expiration of their out-of-state license or if they do not have the out-of-state license in possession. Non-residents must obtain a license as soon as they move to Massachusetts. M.G.L. 90 §3½ identifies factors used to determine Commonwealth residency. Foreign Licensed Drivers - Answer- Foreign citizens must be at least 16 years old. The licensing country must have substantially similar standards of fitness for operators. Foreign citizens must have their license in possession when operating and comply with all restrictions. Consult your Department's policy. No License in Possession; 90 §11 - Answer- Persons operating a motor vehicle must carry or have in their immediate possession a valid driver's license. Non-residents who operate a motor vehicle without their home state license in possession may be considered unlicensed operators under 90 §10. Anyone who knowingly collides with or causes injury to a person or damage to property must show their license and, if required to carry it, their registration. Operating After Suspension or Revocation; 90 §23 - Answer- Suspended or revoked operators cannot operate a motor vehicle anywhere in Massachusetts, including private property. The RMV notifies the violator in writing to make them aware. Warrantless arrest for violation is authorized when "operation" is committed in the officer's presence, on public ways, or in ways to which the public has a right of access. 90/23 also makes it unlawful to present a police officer with the license of another person with the intent to conceal the identity of a person or vehicle. If the vehicle is owned/registered to the operator suspended/revoked, an officer can seize the plates and fax the Operating After Report and Affidavit to the RMV. Note: 90 §23 only applies to the license status of a person who had their right to operate suspended or revoked in Massachusetts by the RMV. For example, suppose a person was only issued a license from Rhode Island and is driving a motor vehicle in MA with a suspended Rhode Island license. In that case, that person cannot be charged for operating after suspension under 90 §23. The applicable charge for a person driving with a suspended RI license in MA is 90 §10. Operating After Suspension or Revocation; 90 §12 - Answer- It is unlawful to knowingly employ any person who is not licensed as a motor vehicle operator. No owner or person in control of a motor vehicle may knowingly allow another person who is unlicensed or had his license suspended or revoked to operate a motor vehicle. It is unlawful for a person to knowingly permit a motor vehicle owned or under his control, which is not equipped with a functioning ignition interlock device, to be operated by a person with an ignition interlock restricted license. Note: An ignition interlock device is an alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration over a preset limit. Failure to Report Change of Address; 90 §26A - Answer- Anyone with a Massachusetts operator's license, Jr. license, learner's permit, or register a motor vehicle must notify the RMV within 30 days of any name or address change Stealing & Forging (a.k.a. Fake IDs); 90 §24B - Answer- It is a crime to falsely make, steal, alter, forge, counterfeit or procure or assist another in doing so or possess, utter, publish as true or in any way make use of a falsely made, stolen, altered, forged, or counterfeit copy of: • Learner's permit • License • MA ID card • Disability parking placard • MV certificate of registration • Inspection sticker. Right of Arrest: Felony Certificate of Registration - Answer- Absent specific exceptions, every motor vehicle in the Commonwealth of Massachusetts must be issued a certificate of registration with corresponding plates that must be affixed to the car. Most vehicle registrations must be renewed every two years. Some never expire. Registrations expire on the last day of the month. The final number on the license plate generally determines the month of expiration. The validation sticker in the upper right-hand corner of the license plate provides the year of expiration. 1 - January 2 - February 3 - March (also Dealer plates) 4 - April 5 - May 6 - June (also Transport plates, Contractor plates, fleets with more than 10 + vehicles) 7 - July 8 - August 9 - September (also Farm plates) 0 - October November is the month for Vanity Plates. December is the month for Commercial Plates, Motorcycle plates, and Repair Plates. Specialty Plates - Answer- There are currently several different types of specialty plates in circulation. They include, but are not limited to, the following: • Veterans (e.g., Purple Heart, USMC, etc.) • Awareness (e.g., Cancer, Autism, etc.) • Sports teams (e.g., Celtics, Red Sox, Bruins, etc.) • Conservation (e.g., environment, animals, etc.) Specialty plates expire every two years. Operation of Unregistered Vehicle; 90 §9 - Answer- No owner or operator may allow a motor vehicle not registered to be pushed, drawn, towed, or operated upon a way. Owners have seven days to transfer registration to a newly purchased motor vehicle (90 §2): • The owner must transfer ownership or lose possession of the old vehicle. • Be at least 18 (to enter into a contract). • The two vehicles (old and new) must have the same number of wheels. • Must have an original copy of the bill of sale or certificate of transfer. If the RMV issued two plates, both must be attached to the new vehicle. • The time begins on the date of transfer until 5 p.m. on the 7th day. Absent specific military and other exemptions, new residents have 30 days to register their car in Massachusetts (90 §3) No Registration in Possession; 90 §11 - Answer- Every person operating a motor vehicle must physically possess the vehicle (or trailer) certificate of registration. Exceptions for certificate of registration possession include dealers, manufacturers, repairers, boat dealers, boat trailers, and farmers. Suspended / Revoked Registration; 90 §23 - Answer- No person may operate or permit another person to operate a motor vehicle while the vehicle's registration is suspended or revoked. Attaching plates assigned to another motor vehicle or obscuring registration plate numbers to conceal true motor vehicle identity is illegal. Officers cannot make a warrantless arrest for this offense. Officers have the authority to confiscate registration plates and have the vehicle towed: 540 CMR 2.05 (5)(c) Any person who operates a motor vehicle which has no current registration in violation of M.G.L. c. 90, or which bears a registration plate that is assigned to a vehicle or trailer other than the one to which it is attached, or which is the subject of a revoked or suspended registration shall be subject to the penalties set forth in M.G.L. c. 90, §§ 2, 9 and 23, and the registration plate(s) attached to such vehicle shall be subject to immediate confiscation by an officer of the police, or other person authorized by the Registrar. Any such confiscated plate(s) shall be returned to the Registrar as soon as is practically possible after confiscation. If the driver is not the registered owner, the vehicle should be towed, and the "Report and Affidavit" form should be faxed to the RMV. Improper Display; 90 §6 - Answer- Display: Plates must be displayed conspicuously at both the front and rear of a motor vehicle (rear for trailer). If only one plate is issued, it must be affixed to the back of the motor vehicle. A single "legacy" plate or certain "Year of Manufacturer" plate must be affixed to the rear of the vehicle, and no front plate is required. Legacy plates generally have green numbers and letters on a white background. Clean and unobscured: Plates must be kept clean with legible numbers. Plates cannot be obscured by the installation of any device obscuring said numbers. Plate borders cannot cover or obscure, in any manner, the registration number. There is no violation if all numbers and letters needed to identify the plate positively are legible. Display light: When a vehicle or trailer is required to display lights, the rear plate must be illuminated and plainly visible from 60 feet. Liability Insurance; 90 §34J - Answer- It is unlawful to operate or, as the owner, allow another person to use a motor vehicle on a public or private way without a valid liability insurance policy in effect. It is unlawful to allow a motor vehicle or trailer to remain parked on a public or private way without adequate liability insurance because lack of insurance triggers revocation of registration of vehicles. A non-resident may operate a motor vehicle properly registered in another state without adequate insurance in Massachusetts for an aggregate of 30 days a year. A violation of this chapter/section is a complaint application with no right of arrest and no CMVI option. Braking Systems - Answer- Every motor vehicle must be equipped with two braking systems (service and parking) with separate means of operation. Also see 540 CMR 4.04. Lights - Answer- In general, all motor vehicles must have: • Two working headlights (one for a motorcycle) • Two working taillights (one for motorcycle) • Two working rear brake/stop lights (one for a motorcycle). Every motor vehicle and trailer so operated shall be equipped with two rear lights mounted, one at each side of the rear of the vehicle, to show two red lights from behind. o Some vehicles have a third rear light mounted in the car's center. This is not required equipment and will not satisfy the requirement that the vehicle have two rear-facing brake/stop lights because the statute requires that the lights be mounted "one at each side of the rear of the vehicle" In US v. Byron, D. Mass. 410 F.Supp.3d 266 (2019), the defendant operated a vehicle with the driver's side brake light out. The defendant argued that he should not have been pulled over because he had two working brake lights, one on the passenger side and one in the center of the back windshield. The court found that officers had reasonable suspicion to stop the vehicle for a traffic violation because MGL c. 90 § 7 requires vehicles to have two working brake lights, one on each side of the vehicle. • A white light so arranged as to illuminate and not obscure the rear number plate. MGL 90 §6 requires that the license plate be illuminated. • Flashing 4-way hazards • Directional Signals o Although directional signals are not required equipment, MGL 90 14B requires operators to give a plainly visible signal before making a stop or turn that will reasonably impact other vehicles. MGL 90 §7A states that for inspection, the car must have ... proper and safe ... directional signals. o Additionally, Mass. CMR 540 404 (10)(b) states: Front and rear directional signals will be operable on every vehicle originally equipped with such signals. Every motor vehicle registered in the Commonwealth, which was manufactured for the model year 1967 and for subsequent model years, shall be equipped with a device to permit the front and rear directional signals to flash simultaneously. Nighttime: All motor vehicles operated on a way, whether stationary or in motion, must have head and taillights on from 30 minutes after sunset until 30 minutes before sunrise. MGL 85 §15. Visibility: All vehicles operated on a way must have head and taillights on when visibility is reduced to where objects on the roadway are not clearly discernible at a distance of 500 feet due to insufficient light or unfavorable atmospheric conditions (e.g., rain, snow, fog) MGL 85 §15. MGL 85 §15 also requires head and taillights whenever windshield wipers are on or needed. Red or Blue Lights - Answer- Absent exceptions provided, no motor vehicle can display a flashing, rotating, or oscillating red light or blue light. Exceptions include police and other vehicles when attached for law enforcement functions such as medical personnel, command staff, and chaplains as well as vehicles used for transporting persons who are under arrest, or in lawful custody under the authority of any court, or committed to penal or mental institutions. RMV permit is required. For more information on requirements, you can read the RMV applications for blue lights and red lights. • Failure to dim high beams; 540 CMR 22.05(2) • Unlawful auxiliary lighting; 540 CMR 22.05(3) • After-market lights prohibited; 540 CMR 22.07 • Turn signals; 540 CMR 4.04(10) • Unobstructed, cracked lenses; 540 CMR 4.04(8) Mirrors - Answer- Every motor vehicle must be equipped with at least one mirror that provides operators with a clear, reflected view of the way at the rear and left side of the motor vehicle. Mufflers - Answer- Every vehicle must possess a muffler or other suitable device to prevent unnecessary noise. M.G.L. 90 §16 prohibits non-existent and altered mufflers intending to create unnecessary noise or smoke. M.G.L. 90 §7U prohibits excessive sound levels from motorcycles. Horns - Answer- Every vehicle must possess a working bell, horn, or other means to warn or signal. M.G.L 90 §16 prohibits the unlawful mounting of sirens on unauthorized vehicles. Tires - Answer- MGL c. 90 §7Q: No person shall operate or allow his vehicle to be operated in any way if they know that the tire fails to comply with visual and tread depth regulations. 540 CMR 4.04 (11): a rejection sticker shall be issued to any vehicle with the following conditions: a) Tread depth: tires with a minimum tread depth of less than 2/32 of an inch. b) Deterioration: Tires cannot have: • Any fabric breaks or cuts longer than 1" • Any deterioration bulges, bumps, or knots; or • Visible tire ply or chord. Under 90 §19, no passenger vehicle tire can extend beyond the outer fender or side panel unless the vehicle is equipped with 4-wheel drive or is otherwise modified and intended for offthe-way use. Carrying Loads - Answer- Any motor vehicle or trailer that carries a load or object which extends 4 feet or more beyond the vehicle body must display or attach a red light or 12" red flag at the extreme end of load or object. Red flag is required during hours when no headlights are required. Red light must be visible from a distance of at least 500 ft. to the rear and sides. M.G.L. 85 §36 requires vehicle loads to be secured to prevent the load from dropping, sifting, leaking, or escaping from the vehicle. Loads of sand, gravel, loam, dirt, stone, rubbish, or debris that could fall on the road or other vehicles must be covered. This section can also be used for heavy sheets of snow or ice on a car's roof. Note: M.G.L. 90 §13 safety precautions that impede operation of motor vehicle may also apply to loads and to snow. Motorcycles - Answer- Helmet: Every motorcycle operator and passenger, including attached sidecars, must wear protective head gear approved by the RMV. See 540 CMR 22.08 Face shield: If motorcycle is not equipped with a windshield or screen, operator must wear eyeglasses, goggles, or protective face shield. Passengers: Motorcycle must be designed to carry a passenger. No passenger may ride in front of the motorcycle operator. MGL c 90 §7 Whoever operates a motorcycle on the ways of the commonwealth shall ride only upon the permanent and regular seat attached thereto, and he shall not carry any other person, nor allow any other person to ride, on such motorcycle unless it is designed to carry more than one person, in which case a passenger may ride upon the permanent and regular seat if such seat is designed for two persons, or upon another seat which is intended for a passenger and is firmly attached to the motorcycle to the rear of the operator if proper foot rests are provided for the passenger's use, or upon a seat which is intended for a passenger and is firmly attached to the motorcycle in a side car. MGL c. 90 § 13. 540 CMR 4.06(12)(c) - motorcycle will not pass inspection if footrests for each designated seating position are not provided. Tinting - Answer- is any material, film or application that makes any motor vehicle windshield or window glass nontransparent or obscured from either the interior or exterior is prohibited. M.G.L. 90 §9D standards only apply to vehicles registered in Massachusetts. A. If the vehicle is equipped with two outside mirrors, one on each side, adjusted so that the driver has a clear view of road behind vehicle, then it is legal to use non-transparent or sunscreen material or window application which has a total visible light reflectance of less than 35% (or a visible light transmittance of more than 35%) on the front side windows, the rear side windows, and the rear window. Note: A tint meter or verified comparison filters and specific training is needed to properly charge for this violation. The stop of a motor vehicle by an officer familiar with MGL c. 90 §9D who possessed a device to measure window tint and who observed a car driving with what appeared to be windows darker than allowed under the statute was reasonable. Commonwealth v. Baez, 47 Mass. App. Ct. 115 (1999) B. Certain transparent material may be placed on the uppermost 6'' along the top of front windshield, provided such strip does not encroach upon the driver's direct forward viewing area as defined in the applicable Federal Motor Vehicle Safety Standards. C. Window tint exceptions include persons with medical needs, limos, and police K9 vehicles. For a medical exemption, the registrar must approve of the medical need. D. Relevant CMRs: a. Inspection requirements for broken, cracked windshields 540 CMR 4.04(8)(c) b. Inspection requirements for wipers; 540 CMR 4.04(8)(e) Inspections; 90 §20 - Answer- All motor vehicles must undergo annual equipment safety inspections and emissions inspections every year. Massachusetts has staggered annual inspections based on the initial month of registration. MGL c 90 §7A. Absent exceptions provided (MGL c111 §142M) all motor vehicles registered in Massachusetts must possess a valid safety inspection sticker. None or expired: No person may operate or allow anoth [Show Less]
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Motor Vehicle Law Test 2023 (solved)
You stop a motor vehicle for speeding. What do you do if it is an unknown risk stop? - Answer- Bladed method. Approach vehicle in a bladed stance. If yo... [Show More] u're investigating a vehicle crash you have to identify human, mechanical and environmental evidence. What is an example of mechanical evidence? - Answer- Tires Traffic Incident Management (TIM): coordinated multidisciplinary process responding to and restoring disrupting flow of traffic. You respond to a MVA, what should you do? - Answer- Look to windshield to evaluate damage involved. Windshield size-up: While approaching and still inside the patrol car, scan scene to verify incident and communicate the following to dispatchers as soon as possible. - damage and condition of vehicles - type of known or potential injuries; persons trapped inside vehicle - request additional resources if needed (EMS, fire, or back-up) - other potential or known hazards (fluid leaks, fires, downed power lines) You live in Plymouth, but you move to Cohasset. How long do you have to notify RMV of the address change? - Answer- 30 days You investigate a MV accident, your investigation takes 4 hours, you gather sufficient evidence and you're going to cite someone for this accident. Although, the individual you want to issue the citation to has been taken to Jordan Hospital. What should you do? - Answer- Go to the hospital and issue the citation IN HAND. You're investigating a motor vehicle accident. When taking your measurements, what should be measured first? - Answer- Skid marks Portable fire extinguisher in your cruiser, empties in how many seconds? - Answer- 10-15 seconds Inspection stickers: R = Rejection sticker (RED, "think hot") What is the reason for these? - Answer- - safety or equipment failure - cracked windshield - defective brakes - defective tires Inspection sticker: An "R" rejection sticker that is BLACK means...? What does this allow the operator to do? - Answer- Failed emissions - allows operator to continue to operate motor vehicle on a public way for 60 days Chapter 90 Section 1: What is NOT a motor vehicle? (A bicycle, trolley, moped or railroad car) What is a motor vehicle according to Chapter 90 Section 1? - Answer- Motor vehicle = ATVs (all terrain vehicles) Person drives car in reverse and crashes into the neighbors fence. There is no personal injury, and the cost to repair the fence is $1,100. How long does this person have to file a crash report? - Answer- 5 days. When the property damage is over $1000 the operator must file an operator report within 5 days. You stop a carjacked vehicle, how should you position your patrol car? - Answer- Position 4 You are investigating a motor vehicle accident. In this accident there is personal injury and property damage that exceeds $1000. How long to the police have to file the report? - Answer- 15 days Chapter 90C: Who gets the top copy? Is the top copy the original copy? - Answer- The VIOLATOR gets the top copy. YES, the top copy is the original copy. Hands free: Can an adult use a mobile phone in hands free mode while driving? Can a 16 year old use a phone while driving? - Answer- Can an adult use a mobile phone in hands free mode while driving? YES, MGL allows an adult to use a mobile phone hands free while driving (Chapter 90 section 13B) Can a 16 year old use a phone while driving? NO You need to stop a motor vehicle at night. What should you do to conduct a safe unknown risk stop? A. Shine patrol car spotlight on suspects vehicle side mirror B. Position your patrol car far enough back so you can see suspects rear tires touching pavement C. Approach vehicle in a bladed stance D. All of the above - Answer- All of the above How far should you space flares? - Answer- 20 feet You stop a vehicle with 3 armed robbery suspects inside. In order to conduct a safe high risk stop what should you do? - Answer- Immediately exit cruiser and gain cover Manual traffic direction = - Answer- Follows same right of way rules What is considered operating a motor vehicle? A. The individual is sleeping behind the wheel of a parked car and there are no keys in the ignition B. You arrive on scene, there is a car off to the side of the road, the operator is standing outside the vehicle. C. There is a car crashed into a utility pole, there are keys in the ignition, witness says they were driving the car. D. All of the above - Answer- C. There is a car crashed into a utility pole, there are keys in the ignition, witness says they were driving the car. Unknown liquid spill, what is the minimum distance you should isolate the crash site? - Answer- 150 feet Motor vehicle skids are usually how long? What are skip skids? - Answer- 1-3 feet long generally [Show Less]
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Motor Vehicle Investigation (MPTC) Exam with complete solutions
Windshield Size Up - Answer- While in the vehicle identify damage and condition of vehicles, potential injuries, need for additional resources, and identif... [Show More] y hazards Final Resting position - Answer- Where the vehicle comes to a complete stop after area of impact RESPECT model - Answer- the model used in crash investigations Patrol Car Postioning - Answer- position the patrol car to protect scene, passing motorists, and first responders, use emergency lights to warn approaching drivers Person in charge while on scene during emergency care for a crash - Answer- highest ranking FIREFIGHTER Chapter 85 - Answer- Regulations for ways Chapter 89 - Answer- Laws of the road: turning, passing, lane usage, right of way, failure to stop Chapter 90 - Answer- Motor Vehicles, includes leaving the scene of a crash, OUI Two Types of Motor Vehicle violations - Answer- 1. CMVI: minor infractions, with no provision for arrest of imprisonment. 2. Criminal Violation: more serious, arrest or imprisonment USASIR model for warrantless arrest in presence - Answer- (U)nlicensed operation, operating (S)uspended license, use without (A)uthority, leaving the (S)cene, operating under (I)nfluence, (R)efusal to submit. Three key elements for MV law - Answer- motor vehicle, operation, public way, public access, or in rare occasion private way Motor Vehicle definition - Answer- all vehicles constructed for propulsion, by power rather than muscular power eg. cars, trucks, motorcycles, atvs, snowmobiles operation - Answer- a person is operating whenever they are inside the vehicle and intentionally manipulate some mechanical or electrical part of the vehicle, which alone or in sequence will set the vehicle in motion Public Way - Answer- any street or highway open to the public and maintained by some sort of government including mass highways, municipal streets and roads Public access - Answer- all non ways in which the public has access and regularly drives motor vehicles upon or public access by request eg parking lots, public parks Statute of limitations for most MV violations - Answer- 6 years Delivering Citation - Answer- officers should deliver citation immediately at the time of offense impossible, ways to deliver include 1. in hand 2. Mail to violater license types - Answer- A, B, C, D, M *D most common Jr operator restrictions - Answer- Cannot operate with any passenger under 18 unless, they are family member, passenger has valid license, is 21 and has 1 year driving experience, operator is emancipated and living alone. How many Days until you must notify RMV of your address change - Answer- 30 Prints - Answer- are left behind when a rotating tire is not spinning or skidding and leaves tread impressions in soft materials. Can determine direction of travel, and in some cases positively ID vehicle skids - Answer- are left behind when a tire loses traction and slides over a roadway or other surface. Occurs when a wheel becomes locked by braking or jammed following a crash. Determines speed, action, position in roadway, and travel path before collision. scuffs - Answer- made by tires that are simultaneously rotating and side slipping caused by vehicles are rapidly accelerating, have a flat or are overloaded how many days do you have to transfer a registration to a newly purchased vehicle - Answer- 7 how many days does a new resident in Massachusetts have to register their vehicle in the state - Answer- 30 how many days do owners have to get a newly registered vehicle inspected - Answer- 7 how many days do you have to repair a vehicle due to emissions failure in an inspection - Answer- 60 buses and vehicles carrying hazardous loads must stop how many feet before a railroad - Answer- no less than 15 feet and no more than 50 ft Yaw Marks - Answer- A type of scuff when the vehicle is navigating a curve and rear tires move in a direction other than where the vehicle is heading, curved with distinct striations. help show vehicle speed, location, intended travel direction Marking evidence - Answer- using chalk, spray paint, or "tents" use ONE mark for items less than two feet long, use TWO or more marks to identify larger items, mark skids at end or in intervals of 5-15 ft offset skid mark - Answer- indicates something was struck and changed direction Mechanical Evidence - Answer- a vehicle defect or malfunction eg equipment failure, loads transported, driver instrument panel gauges Human evidence - Answer- used to compare environment evidence, eg attitude, distractions, lack of attentiveness, possible intentional crash, experience with road way, experience with driving not generally reliable Reckless driver - Answer- driver consciously ignores or is indifferent to the fact that his driving will likely result in death or injury Negligent driver - Answer- driver fails to operate in the way a reasonable person would Minimum age to operate an ATV or Snowmobile - Answer- 14.. 14-16 no greater than 90 CC Two circumstances that allow for a tow of a motor vehicle - Answer- Probable cause or community caretaking Crash force equation - Answer- MASS X SPEED= RESTRAINING FORCE seat belt injuries - Answer- difficulty breathing, abdominal pain, bruises to shoulder, broken clavicle frontal crash injuries - Answer- concussion, broken teeth, cuts to head, liver injuries, skull and spine fractures rear end crash injuries - Answer- concussion, cervical fracture, torn neck ligaments lateral crash injuries - Answer- concussion, chest, pelvis and rib injuries, skull fractures how many days do you have to file a motor vehicle crash report as a police officer - Answer- 15 for damage exceeding 1000 and 30 for fatal crashes how many days does an operator have to file a crash report if there is injury or damage over 1000 - Answer- 5 Field Sketch - Answer- begin sketch asap, when revising do not erase content, include name and signature, date and time of crash, weather and road conditions, drawing relative to size and location as seen at time sketch is made two circumstances that allow police to tow a motor vehicle - Answer- probable cause and community care taking negligent or reckless operation - Answer- it is illegal to operate recklessly or negligently as to endanger the public, increased penalties if causes serious injury or death operating to endanger - Answer- No person may operate a vehicle on a public way or access in a negligent or reckless way that endangers lives or public safety OTE is arrestable in police presence if it amounts to breach of peace general deterrence - Answer- discouraging unlawful behavior by enforcing the law and imposing consequences on individual offenders. Relies on general publics perceived risk or fear of being punished. Targets drivers who HAVE NOT been caught before. Fear of fines, arrest, or loss of license, increased insurance premiums, or embarrassment of the stop itself. specific deterrence - Answer- applies to people who have been caught and arrested previously for a motor vehicle violation. Fear of increased punishments if caught. methods of deterrence - Answer- conspicuous observation targeted enforcement sustained enforcement high visibility enforcement collaboration acronym for MV stops and officer safety - Answer- SCCAN SCCAN - Answer- SEEK. Continuously scan exterior and interior of motor vehicle before and during stop. CLUES that indicate violations or danger that include.. CONTRABAND (evidence) ARMS (weapons) NARCOTICS (drugs) unknown risk MV stops best practices - Answer- six phases 1. legal justification 2. gather exterior vehicle clues 3. stop vehicle and position patrol car 4. approach vehicle and gather interior vehicle clues 5. communication with occupants 6. take action reasons why unwanted exiting occurs - Answer- to argue with officer being nervous in general to look for license or registration to conceal or distract officer from other crimes vehicle exit orders are justified during a traffic stop where: - Answer- 1. police are warranted in the belief that safety of officers or others is threatened 2. police have reasonable suspicion of criminal activity 3. police are conducting search of the vehicle on other grounds police may search a vehicle without a warrant under following circumstances: - Answer- consent plain view incident to arrest automobile exception high risk stop info that indicate a known risk to officer safety - Answer- following a vehicle pursuit driver or occupant is a wanted offender vehicle is stolen driver known to carry firearms violent towards police 5 phases of a high risk stop - Answer- 1. legal justification 2. gather vehicle clues 3. stop vehicle and position patrol car 4. communicate with and remove occupants 5. clear vehicle how many patrol cars for a high risk stop are needed - Answer- minimum of 2 patrol cars, ideally one officer per suspect in the vehicle what number and color identifies hazardous materials to human health - Answer- blue number 3 During a windshield size up he sees a very small white vapor cloud coming from a tanker truck. How far should he keep people back while securing the scene? - Answer- 300 feet skip skids - Answer- generally 3 feet long from a locked tire mechanical evidence in crashes - Answer- defects in the motor vehicle how many days to you have to fix failed inspection issues - Answer- 60 days how do you void a citation - Answer- write void across the citation Officer LaFavor was following SUV that was involved in an armed robbery. The SUV has 3 people in the vehicle. What should she do to conduct a high risk stop? - Answer- immediately find cover [Show Less]
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MV LAW MPTC Exam Questions and Answers
CMVI-Civil Motor Vehicle Infractions - Answer- minor offenses with no provision for imprisonment or arrest. Includes equipment and registration violations.... [Show More] civil infractions and criminal violations - Answer- The two (2) types of motor vehicle offenses in Massachusetts are Criminal Violations - Answer- more serious with provisions for arrest and imprisonment 90 §21 - Answer- Under M.G.L. ______________, police have authority to file a criminal complaint via citation and arrest without a warrant for specific violations. Unlicensed operation - Answer- 90§10-misdemeanor-Offense must be committed in officer's presence or view to arrest, otherwise summons. Operating after suspended or revoked license - Answer- 90§23-Misdemeanor-must be committed in the officer's presence or view to arrest. motor vehicle - Answer- vehicles constructed and designed for propulsion by power other than muscular power, including such vehicles when pulled or towed by another motor vehicle Leaving scene of a crash after injury or death - Answer- 90§24-Misdemeanor-offense must be committed in the officer's presence or view to arrest, otherwise summons. without leaving name, address and register number of the vehicle after knowingly causing personal injury. Unlicensed Leaving the scene Operating under the Influence Use Without Authority Refusal to submit Operation after Suspension or Revocation - Answer- Acronym ULIARS U in ULIARS - Answer- Unlicensed operation under 90§10 is a misdemeanor. Offense must be committed in officer's presence or view to arrest, otherwise summons. L in ULIARS - Answer- Leaving the scene of a personal injury motor vehicle crash under 90§24 without leaving name, address and register number of the vehicle after knowingly causing personal injury. Misdemeanor offense must be committed in the officer's presence or view to arrest, otherwise summons. I in ULIARS - Answer- Operating under the Influence of an intoxicating liquor, marijuana, narcotic, stimulant, depressant, or any substance which releases a toxic vapor under 90§24. Offense must be committed in the officer's presence or view to arrest, or in the past if probable cause exists. A in ULIARS - Answer- Knowingly use a motor vehicle without Authority under 90§24 is a misdemeanor. Offense must be committed in presence or view to arrest, otherwise summons. R in ULIARS - Answer- Refusal to submit or do any of the following to a police officer upon request under 90§25 (must be committed in presence or view of the officer to arrest, otherwise summons.) (1) name and address (2) name and address of motor vehicle owner (3) license and registration (4) stop when signaled (5) provide a false name S in ULIARS - Answer- Operating with a Suspended or revoked license under 90§23. Misdemeanor must be committed in the officer's presence or view to arrest. (1) a motor vehicle (2) being operated (3) on a public way or public access and in some instances a private way. - Answer- three elements that are required to charge a person with a motor vehicle offense a) Railroad and railway cars b) Trolleys or trackless trolleys c) Vehicles running only upon rails or tracks d) Wheelchairs owned and operated by mobility disabled e) Vehicles operated or guided by a person on foot f) Vehicles used for other purposes than the transportation of property and incapable of going more than 12 MPH, and used exclusively for building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways - Answer- The following are NOT considered motor vehicles Operator - Answer- any person who drives or is in control of a motor vehicle. inside the vehicle and intentionally manipulate some mechanical or electrical part of vehicle (e.g., gear shift, ignition, etc.) that is likely to set the vehicle in motion - Answer- A person is 'operating' a motor vehicle whenever they are moving or engine running (however a person must do something other than simply get into a vehicle) - Answer- To establish operation, It is not necessary for the motor vehicle to be gets behind the wheel and turns the ignition key enough to power the vehicle's radio. - Answer- Evidence of operation exists where a person circumstantial evidence such as corroboration by third parties. - Answer- Proof of operation can be established by Definition of motor vehicles (Under M.G.L. 90 §1) - Answer- "all vehicles constructed and designed for propulsion by power other than muscular power, including such vehicles when pulled or towed by another motor vehicle." motor vehicles - Answer- cars, trucks, motorcycles, all-terrain vehicles, recreation vehicles, snow vehicles, motorized bicycles and vehicles being towed are examples of witness the person operate the motor vehicle first-hand or possess circumstantial evidence that implies operation - Answer- To prove operation, police officers a) Witnesses testified they saw person driving motor vehicle b) Driver found behind the wheel of car that had just crashed c) Driver found sleeping behind the wheel of a parked car with engine off, but electricity or headlights on d) Driver found behind the wheel of a legally parked car with engine running e) Driver was outside vehicle following a crash, admitted operation, and his admission was corroborated by driver of second car in crash - Answer- Circumstantial evidence to help prove operation includes Public Way - Answer- "any street or highway open to the public and controlled and maintained by some level of government. This includes interstates, state highways and municipal streets and roads." a) Street signs b) Traffic signals c) Asphalt or concrete surface d) Painted lane and passing zone lines e) Adjacent curbing, sidewalks and drainage f) Government deeds and certification documents - Answer- Factors used to determine a public way include Public access - Answer- not a "way," but a place where the general public has a right of access and regularly drives motor vehicles upon "Invitee" - Answer- has public access by request or invitation from a business establishment or owner. Examples include restaurant parking lots. signs and signals are approved by a local traffic authority and meet applicable state standards - Answer- Police may issue CMVI or criminal citations for sign and signal violations on shopping mall parking lots if "Licensee" - Answer- has public access with implicit permission by property owner. This would include a private road used as a shortcut between two other roads Written warning, CMVI, Criminal, Arrest - Answer- Four types of citations 6 years - Answer- The statute of limitations for criminal motor vehicle offenses is ____________ from the time complaint is issued by the court. complaint application. (If a clerk magistrate finds probable cause, a complaint is issued.) - Answer- For criminal offenses, the citation serves as the as completely as possible and as soon as possible in relation to time violation was committed - Answer- Under M.G.L. 90C §2, officers must fill out the uniform citation BLOCK STYLE letters and press down hard to ensure all carbon copies are legible - Answer- When completing the citation, write using immediately at time of offense - Answer- Officers should deliver violator his or her citation copy (when?) a valid defense in future court proceedings and may result in dismissal of charges. - Answer- Failing to deliver violator citation copy is add, change or amend charges. - Answer- Immediate delivery of citation copy to violator also allows police to In-hand to violator (best) In-hand to violators agent Mail to violator (post marked [Show Less]
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MPTC Lynnfield Motor Vehicle Investigations Exam 2023
What are the three elements needed to charge with a person with a motor vehicle offense? - Answer- 1. a motor vehicle 2. being operated on 3. a public w... [Show More] ay or a place the public has access to, and in some instances, a private way According to the M.G.L definition of a motor vehicle, what would be considered a motor vehicle? - Answer- cars, trucks, motorcycles, all-terrain vehicles, recreation vehicles, snow vehicles, and all vehicles being towed. Who is considered an "operator" in regard to operation of a motor vehicle? - Answer- A person is 'operating' a motor vehicle whenever they are inside the vehicle and intentionally manipulate some mechanical or electrical part of the vehicle which, alone or in sequence, will set the vehicle in motion. What are the four types of citations? - Answer- 1. Written warning 2. CMVI 3. Criminal 4. Arrest Is there a time limit for filling out a uniform citation? - Answer- officers must fill out the uniform citation as completely as possible and as soon as possible in relation to the time the violation was committed. How should an officer fill out a uniform citation? - Answer- Officers should use block lettering and press down hard enough to ensure all carbon copies are legible. How many days does someone have to get a newly registered vehicle inspected? - Answer- 7 Days What does an inspection sticker with a red "R" on it mean? - Answer- The vehicle failed a safety equipment inspection. Vehicles cannot be driven on the road until repairs are made. What does an inspection sticker with a black "R" on it mean? - Answer- The vehicle failed an emissions inspection. People have 60 days to have repairs made or 20 days for motorcycles. How long does someone have to notify the RMV of a change of address? - Answer- 30 days What is manual traffic direction used for? - Answer- Used by police officers to maintain or re-establish a normal flow of traffic that has been disrupted What is traffic incident management? - Answer- planned, coordinated, and multi-disciplinary process for responding to, and restoring disrupted flow of traffic as quickly as possible What does upstream mean in regard to TIM (traffic incident management) terminology? - Answer- traffic approaching or entering incident scene What does downstream mean in regard to TIM (traffic incident management) terminology? - Answer- traffic departing or past the incident scene What is the first thing an officer should do when arriving at a crash scene? - Answer- Scan the scene to verify the incident and communicate information to the dispatchers such as damage and condition of the vehicles, injuries, entrapment, need for other resources or other potential hazards What is a skip skid? - Answer- occurs when a locked wheel momentarily lifts off, then comes back on the roadway. Usually 1-3 feet long and occur when the vehicle runs over a hole, bump, or collides with another vehicle What is a gap skid? - Answer- occurs when lock, roll and re-lock through braking action. Common distance is 15-20 feet What are the two main types of human evidence when investigating crashes? - Answer- Behavior- such as relevant driver, passenger, and pedestrian conduct Perception- such as experience driving, with vehicle driven or activity and experience with the roadway What is mechanical evidence? - Answer- evidence from the motor vehicle itself and related equipment. (vehicle defects and malfunctions, vehicle damage, seatbelts... etc.) Examples of environmental evidence? - Answer- Weather, road conditions, time of day, traffic congestion, roadway characteristics, roadway defects, visual obstructions, control devices... etc. What is a CRA-23 report? - Answer- report filed by operator within 5 days of crash if there was damage to any one vehicle or property where damages exceed $1000; OR any person was injured What is a CRA-65 Report? - Answer- report filed by police agency with jurisdiction must complete within 15 days of a motor vehicle accident where a person is injured or damages exceed $1000; within 30 days for a fatal crash to RMV What are the three positions that an officer can use during an unknown risk motor vehicle stop? - Answer- Offset, angle, inside position What are the five phases of a high risk motor vehicle stop - Answer- 1. legal justification 2. gather vehicle clues 3. stop vehicle and position patrol car 4. communicate with and remove occupants 5. clear vehicle What is the NFPA? - Answer- National Fire Protection Association. Its a standard system for identifying hazardous materials at fixed facilities. [Show Less]
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Crash Investigations MPTC Module 2 Questions with correct Answers
Anatomy of a crash (8 sequences) - Answer- Point of possible perception Point of actual perception Point of no escape Key event Point of initial engage... [Show More] ment Maximum engagement Point of disengagement Final resting position. R.E.S.P.E.C.T. - Answer- Respond to the scene and make it safe Emergency care for the injured Separate drivers, passengers and witnesses Protect crash scene Evidence collection Corroborate evidence with M.G.L. Take action and testify in court What is the first priority for responding officers when arriving at a crash scene? - Answer- Arrive at the crash scene safely. Factors to consider when responding to a motor vehicle crash - Answer- - Gather as much information as possible -Location and type of crash (PDO/ PI) -total number and type of vehicles involved -environment and roadway conditions -other emergency units responding -89/7b considerations Windshield size-up - Answer- -Damage and condition of vehicles -type of known or potential injuries; entrapments -request additional resources if needed -other potential or known hazards Patrol car positioning - Answer- See attached Vehicle fires - Answer- -Contact fire department ASAP -Keep involved persons and by-standers away and upwind. -turn off engines, auxiliary power systems and lights -fire extinguishers may be used for beginning vehicle fires. Downed Power lines - Answer- -Request immediate assistance from utility company. -keep self, involved persons and bystanders away -instruct occupants in vehicle to not touch any metal parts and to stay inside the vehicle. Emergency care for the injured - Answer- -Immediately evaluate occupants, render first aid, and request EMS when needed. Who is the incident commander at a crash scene? - Answer- -The highest ranking firefighter on scene is the incident commander until all persons requiring medical treatment have been treated or removed. Separate witnesses - Answer- -Separate all parties involved as soon as possible. -This is needed to maintain unique individual perspectives for forthcoming interviews -GATHER ALL CONTATCT INFORMATION FROM ALL PARTIES Protect crash scene - Answer- -Use patrol car positioning to protect crash scene and related evidence. "move it" or "work it" - Answer- - Move involved vehicles out of the roadway when practical and as soon as possible to restore traffic flow. -Request additional resources as needed What should be established if normal traffic flow will be disrupted for 2 or more hours? - Answer- -Advanced warning area -transition area (tapers) -activity area (incident space) -termination area Evidence collection - Answer- -Where did crash occur? -when did crash occur? -who was involved in the crash? -how did the crash happen? -why did the crash happen? What are the 3 primary sources of evidence? - Answer- -Environment -mechanical -human Environment - Answer- -Weather -time of day -road surface conditions -traffic congestion Control devices - Answer- -Confirm control devices are not obstructed and working properly How can debris patterns help? - Answer- -Debris patterns can help determine area of impact and direction of travel after impact What is a common factor in pedestrian crashes, running off the road and striking objects in the road? - Answer- -Sun glare What are the 3 types of tire marks? - Answer- -Prints -skids -scuffs Prints - Answer- -left behind when [Show Less]
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MPTC MV Law Exam with complete solution
Fourth Amendment - Answer- Protects against unreasonable search and seizure Police intrusions - Answer- Non-investigatory encounters No legal justifica... [Show More] tion required 4 types of police intrusions - Answer- Administrative stop Investigative Stop Investigative Frisk or Pat Down for Weapons Arrest or Evidentiary Searches of Persons or Things Delaware v. Prouse - Answer- Premises behind MV stopping protocol OUI roadblock - Answer- For a motor vehicle to be stopped: - must not be arbitrary; - safety must be assured; - motorists inconvenience must be minimized; and - assurance must be given that the procedure is being conducted persuant to a plan devised by law Enforcement supervisory personal Blue lights - Answer- A stop begins when these lights are activated ... Exit Orders - Answer- When justified to stop a vehicle, officers may ask occupants to exit the vehicle for their safety; Must be given first before any action in the threshold inquiry Frisk of the MV - Answer- Police must have justification in order to perform Does not automatically extend to the entire passenger areas Grabbing Area - Answer- Console Glove compartment Under the seat The occupants themselves Consent to search a MV - Answer- If given, neither a warrant or probable cause needs to exist; Must be given to the police freely, intelligently, and voluntarily Search incident to an arrest - Answer- Does not require probable cause Search for evidence related to the crime or weapons As long as probable cause for the arrest exists, this search is permissible Automobile Exception - Answer- Probable cause to believe that contraband or evidence of a crime will be found in the vehicle. 3 step analysis: 1) MV stopped on public way 2) parked on public way 3) found in a place where the public has access Exigency - Answer- urgent matter; pressing need Inherent mobility of a MV Police can eliminate by waiting MV Inventory - Answer- Administrative Function; Interests: 1) protect vehicle 2) protect police & tow company 3) protection of the public from dangerous items search accessible locations document items in vehicle mark items that are locked as just "locked ____" must be done according to guidelines in the policy and not at the discretion of the officer MV Enforcement options - Answer- Verbal Warning Written Warning Civil Motor Vehicle Infraction Criminal Motor Vehicle Infraction Mixed CMVI and Criminal Offense Arrest Verbal warning - Answer- no citation; no consequence written warning - Answer- no consequences, but documented on a citation Civil Motor Vehicle Infraction - Answer- CMVI; Draws a fine, known as a scheduled assessment determined by the registrar and District Court Officers must add $5 to every Chapter 89 and 90 fine Criminal MV Infraction - Answer- Processed through court, not the RMV The citation serves as the applicator for a complaint Mixed CMVI and Criminal offenses - Answer- If the offender included a CMVI and criminal violation on the same citation, the citation is processed through the courts The standard of proof is preponderance of the evidence; a magistrate decides the case, even if the other criminal matters are heard by a jury A jury never rules on whether a violator is responsible for a CMVI Arrest - Answer- Processed through the court, like a criminal complaint ROA: warrantless - - any felony on probably cause - misdemeanors in officers presence arrest on probable cause arrest in presence (ULIARS) acronym ULIARS - Answer- Under the influence License, operating without Injury or death, leaving the scene after causing Authority, use without Refuse to stop, or provide license and registration Suspended license, operating after In presence - Answer- For arrest purposes, the officers are able to see the offense occurring MV Citation Authority - Answer- Municipal, State and MBTA Special State Police Officers Deputy Sheriffs Campus police officers EXCEPT private campus police officers Citations - Answer- When issued, officers must retain a copy Officers may combine citation types Statute of limitations for criminal vehicle offenses - Answer- 6 years Audit sheets - Answer- All citations must be recorded on these sheets Unlawful disposal - Answer- "It shall be unlawful and official misconduct to dispose of a citation or copies thereof, or of the record of the issuance of same in a manner other than required by Chapter 90C" Elements: - knowledge - falsify or destroy or attempt - citation or record - unlawful manner Penalty: - HC NMT 1 year or $500 fine ROA: - citation & complaint application EOPSS - Answer- Executive Office of Public Safety Means of Service of a Citation - Answer- "In hand" or direct service Service to an agent Mailing the citation Manner of Service of a Citation - Answer- Certify Service Request that violator of agent sign Provide envelope with CMVI citation Moving Violations - Answer- Motor Vehicle Operation Public Way or Public Access Massachusetts Resident Motor Vehicle Violations - Answer- Motorist NEVER ISSued license or learner's permit Motorist has EXPIRED license or permit Motorist has improper CLASSIFICATION Motorist operating in violation of license or permit RESTRICTION JOL LEARNERS PERMIT operator (LPO) NOT ACCOMPANIED by motorist LPO driving between 12:00AM and 5:00 AM CDL operator lacks proper endorsements License Classifications - Answer- Under 540 CMR, licenses are classified according to the type of vehicle that the license holder may drive Class A Class B Class C Class D Class M Commercial Drivers License (CDL) - Answer- Classes A, B and Care used no all states Regular Motorists - Answer- Classes D and M are not CDLs Junior Operator's License (JOL) - Answer- Has a valid license and is under 18 years old Restrictions: 1) no passengers in certain situations 2) no driving during early morning hours 3) no operation of a vehicle requiring a CDL Passenger Restriction: - No operation with a passenger(s) under 18 within 6 months of receiving JOL Hours Restriction: - No driving between 12:30 am and 5:00 am for the length of the JOL period CDL Endorsements - Answer- Code H: Hazardous Materials Code N: Tank Vehicles Code P: Passenger Transport Code T: Doubles/Triples Code X: Hazardous Materials and Tank Vehicles Failure to Report Name or Address Change - Answer- Elements: - license, permit, or registration holder - failed to notify RMV within 30 days Failure to stop or obey a police officer - Answer- Elements: - operating or in charge of vehicle -uniformed or conspicuous officer - failure to stop and obey > refused name and address >false name and address > refused to stop > refused license and registration > refused sign name > refused surrender license, registration or played > refused surrender license in court ROA: warrantless arrest in presence regardless of whether the offense occurs on a public way [Show Less]
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