Civil Motor Vehicle Infractions (CMVI) c90C §1 - Answer- All _____ are minor infractions with no provision for imprisonment or arrest. Common _____
... [Show More] infractions 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]