Correct Answers
Question 1
The statute of limitations for most criminal motor vehicle offenses is
Correct Answer
six years
Question 2
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.
Correct Answer
immediately
Question 3
Offensive Operation
Correct Answer
Prohibited by notice:
• No person can operate a vehicle where prohibited by notice or sign that is lawfully
authorized and posted.
Mufflers:
• All vehicles must be equipped with a muffler that is in good working order and
prevents excessive or unnecessary noise. Also see 90 §7.
Horns:
• Operators cannot use a bell, horn, or other device to create an unnecessary, harsh,
objectionable, or unreasonable noise.
Note: 90 §16 may also apply to motor vehicle operators who intentionally accelerate
to spin tires unnecessarily.
Page 1 of 38
,Question 4
Child Protection Systems
Correct Answer
Infants and children are safest when properly restrained in a back seat. Common
child restraint systems are rear facing, forward-facing and booster seats.
Children under 2 years old should remain in rear-facing seats until height and
weight exceed capacities determined by manufacturer.
A. Follow manufacturer recommendations for securing detachable base (e.g., straps,
seatbelt, and correct angle)
B. Harness straps should be snug, straight, and positioned at, or slightly below, the
child's shoulders.
C. Harness chest clip should be positioned at the child's mid-chest or armpit level.
This keeps the shoulder straps in the correct position.
Forward-facing
Transition children who outgrow rear-facing seats to forward-facing seats. Keep
children in forward-facing safety seats until height and weight exceed capacities
determined by manufacturer.
Follow manufacturer recommendations for securing child safety seat to vehicle rear
seat (e.g., straps, seatbelt, correct angle).
Harness straps should be snug, straight, and positioned at, or slightly below, the
child's shoulders.
Harness chest clip should be positioned at the child's mid-chest or armpit level.
Question 5
Operating After Suspension or Revocation; 90 §12
Correct 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.
Page 2 of 38
,Question 6
In-hand to violator's agent
Correct 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.
Question 7
Impeded Operation; 90 §13
Correct Answer
No motor vehicle operator may allow, on or inside the vehicle, or on or about his
person, anything that may interfere with or impede the proper operation of the
vehicle.
Commonwealth v. Brazeau, 64 Mass. App. Ct. 65 (2005). Vehicle stopped for having
three (3) small items hanging from the rearview mirror and the operator
subsequently arrested for OUI. The court held that for a valid stop the officer must
articulate why the hanging item appeared to be distracting or in a position to
interfere with the drivers' view.
Specific driver distractions under this chapter and section include:
A. Headphones: No person operating a motor vehicle may wear headphones unless
they are specifically used for communication in connection with controlling a course
or movement of said vehicle.
B. Television viewers: No person shall operate a motor vehicle equipped with any
television viewer or screen located at any point forward of the back of the driver's
seat, or which is visible to the operator while driving.
Page 3 of 38
, Question 8
Lights
Correct 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.
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