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Main Page 540 CMR 22.07?
(Click here to view the original thread on the MassCops Message Board)

Posted by: Gil

Just curious as to how many are using 540 CMR 22.07 for aftermarket lights?

Had one last night, red undercarriage light kit, green directionals and red windshield washers caps. Normally I blow off the hood lights but I stopped this same operator two weeks ago for the same violations.

I issued 540 CMR 22.07 twice once for the light kit and once for the green directionals.

After the stop the operator spins the tires and heads outbound on 123, clocked 20 over the limit so I stop em again and issue 90/16 and 90/17.

Some where questioning why I just did not go with 90/7?

What are others using for the light kits and other aftermarket lights? I know we had this topic before but I can't seem to locate it.

Posted by: MSP75

I issue a few of these a week in various court areas and I have never had an appeal. I not sure if the clerks think it is bogus or the operators pay the cites.
I use the CMR because it is cheaper and I am just trying to send a message. Also, I have also found that a good percentage of operators with these dumb lights usually have other issues, ie. criminal, payment defaults.

Posted by: 2-Delta

Not really any use to you Gil, but I thought I'd comment on what an assh*le that kid sounds like.

Posted by: bbelichick

Quote:

Originally Posted by Gil

Just curious as to how many are using 540 CMR 22.07 for aftermarket lights?

Had one last night, red undercarriage light kit, green directionals and red windshield washers caps. Normally I blow off the hood lights but I stopped this same operator two weeks ago for the same violations.

I issued 540 CMR 22.07 twice once for the light kit and once for the green directionals.

After the stop the operator spins the tires and heads outbound on 123, clocked 20 over the limit so I stop em again and issue 90/16 and 90/17.

Some where questioning why I just did not go with 90/7?

What are others using for the light kits and other aftermarket lights? I know we had this topic before but I can't seem to locate it.

I'm don't think 90-7 covers the neon stuff, and it is specifically cited in 540 CMR 22.07. The directionals you can use 90-07 I believe but the Windshield caps are 22.07 all the way.

Posted by: capepd

I use it all the time for aftermarket lighting.

Posted by: USMCTrooper

Myself and another at my barracks are huge into 540 CMR 22.00 (et al) 90-7 is very limited. 540 covers those snappy windshield washer lights to neon undercarriage. Also any light without the SAE Federal DOT approval (which nearly all don't have) 90-7 doesnt really address that.

Just Sat night a local whackjob got the 540 Super Slam:

Man charged after stop
Posted: February 23, 2004

(Springfield-abc40) -- A Northampton man will be arraigned in Springfield and Hampshire District courts this week on separate charges, after he was stopped by state police in Springfield Saturday night and charged with having illegal police equipment on his pickup truck.

Scott Cubbage, 23, of 332 Hatfield St. will be arraigned in Northampton District Court on charges he failed to register as a sex offender after moving to the area from Georgetown, Del., last year.

Cubbage is on probation for unspecified sex offenses in Delaware, said Trooper Christopher N. Sanchez of the Springfield State Police barracks.

Cubbage will be arraigned in Springfield District Court on charges he illegally installed a blue police light, a police siren and alternating police-style headlights on his pickup truck. Sanchez said he stopped Cubbage on Main Street at around 10:50 p.m. Saturday when he noticed there was no license plate light on Cubbage's truck.

Cubbage will also face charges of driving without a license and driving an unregistered vehicle.

PS No disrespect to any R/I but this guy said to me quite sincerely, he was applying to get into the Reserve/Interm Academy in Agawam.
How I don't know but he knew enough about the program. I hope NO place would sponsor him

Posted by: USMCTrooper

Someone PM'd me asking about white strobes or green strobes used in personal vehicles used by security guards, Private Invts.( I even had a constable do this {looking around for Hunter}

) so I will post it here for anyone else...

Ch 540 CMR 22.06 covers this. Amber is the only approved color and those who can use it are spelled out in this section. No other color may be displayed, mounted, etc without written permit from the Registrar. Its a good pretext for a stop.

Posted by: jimbo

i know 720cmr9.06 can be used on State roads (ie Rt 3a) , but can it and 540 cmr be used on municipal roads also ? if so, why 2 seperate fine options for same offense (cmr and ch 90) ??? most of the time i'd prefer to use cmr's because it seems more reasonable than the ch 90 fines .
i'm not a revenue agent for the State but sometimes am assigned to focus on traffic violations during a shift. i know when someone deserves
no mercy, but lets face it - most people we stop are decent and the sometimes excessive ch 90 fines, along with 7 yrs of higher insurance premiums, makes me wish i had the more affordable cmr option - the officers i've spoken to also think the cmrs are only for violations on state
routes - anyone ever had a cmr citation overturned because it was on a municipal road ?????

Posted by: dcs2244

The question of applicability of the CMR's has been around since they replaced the old registry articles. I've used them on the highway, in the city and on side streets. I've never had one bounced for where it was applied...but then, the courts don't know either, so use it until they say you can't

I think that the old articles had to be adopted by a jurisdiction...maybe that's where the confusion started

Posted by: dfc2502

I have never had a CMR questioned, well not at least in regards to applicability of them. However, if you are uncomfortable using them just cite under 90-31 for 540 cmr and I believe 85-2 for 720 CMR. These are the chapters where there authority do make rules and regulations comes from.

Posted by: j809

540 cmr are RMV violations (i.e. lights after market etc) Those should be good anywhere.

Posted by: patrolman03

I whack anyone who alters the lights on their cars with this. My pet - peev is the windshield washer nozzle lights (mounted on the hood). Even if they are white or orange, they get it - but it gets tossed in my court.

Posted by: BD1

There is a bill pending in the General Court that is coming up for a hearing on September 29, 2005. It will change 90-7E to include ANY blue lights mounted on a vehicle and will limit red lights to the rear of the car. This will make it much simpler to enforce than the current 90-7E. Go to www.mass.gov/legis/bills/house/ht02/ht02232.htm to view the bill. It is House bill number 2232. If you would like to support it, the Transportation Committee will accept written testimony.

Posted by: j809

Great, so now anyone can mount red strobes, leds and etc as long as they face rearward with no permit necessary.

Posted by: BD1

Not really. The original text still stands in 90-7E, the added text will not allow any red light to be mounted forward (such as turn signals and those LED's that are mounted everywhere). Blue lights will not be permitted at all. Flashing, Strobes etal are still regulated...

Posted by: yutyut1

How about filing an immediate threat due to his driving behavior!!!!(2 citations moments apart) That ought to tweek em a bit more!!! Good luck.

Quote:

Originally Posted by Gil

Posted by: Macop

I was under the impression CMRs are good on state rds (obviously) and town/city Sts, Rds or ways off of state Rds.

Posted by: MSP75

Quote:

Originally Posted by Macop

I was under the impression CMRs are good on state rds (obviously) and town/city Sts, Rds or ways off of state Rds.

CMRs are regulations implemented by an agency.
350 CMRs are for DCR (MDC)
720 CMRs are for State Highways
540 CMR are for the RMV

http://www.lawlib.state.ma.us/cmr.html breaks them all down.

Posted by: RPD931

Interesting, I was under the impression that CMR's only applied to State Roads and Land (MDC)

Posted by: popo

Quote:

Interesting, I was under the impression that CMR's only applied to State Roads and Land (MDC)

Nope, you are refering to 720 CMRs. 720CMRs are enforceable on any state road or any road that connects to a state road. 540CMRs are RMV violations and are enforceable anywhere. MSP also has their own CMRs for MAssPike,Tunnels and Airport.

Posted by: EOD1

Quote:

Originally Posted by Gil

can u hear me now? thats great gil.

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