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$150 for 89/9?

(Click here to view the original thread on the MassCops Message Board)


Posted by: j809

I know this was discussed previously on this board. I heard that Plymouth academy is teaching officers at in-service that 89/9 is now $150 and officers I spoke to from BRockton PD are issuing $150 fines. I asked my Sgt and some other officers and no one knows why this is happening. The RMV usually posts something on the LEAPS NEws File when a change occurs. Nothing like that was taught yet at the Lowell Academy in-service. Does anyone know otherwise?



Posted by: Dr.Magoo

I received my latest copy of the CMVI fines that the courts issue to the judges. It states for an 89/9 infraction:

1st offense: $100
2nd offense: $150



Posted by: Gil

CHAPTER 89. LAW OF THE ROAD

Chapter 89: Section 9 Designation of highways as through ways; traffic control signs and devices

Section 9. The department of highways may designate any state highway or part thereof as a through way and may designate intersections or other roadway junctions with state highways at which vehicular traffic on one or more roadways should stop or yield and stop before entering the intersection or junction, and the department may, after notice, revoke any such designation. The department of highways on any state highway or part thereof so designated as a through way, or on any way where the department has designated such way as intersecting or joining with a state highway, shall erect and maintain stop signs, yield signs and other traffic control devices.

The local authorities of a city or town authorized to enact ordinances or by-laws, or make rules, orders or regulations under the provisions of section twenty-two of chapter forty may in accordance with the provisions of section two of chapter eighty-five of the General Laws, including department approval when required, designate any way or part thereof under the control of such city or town as a through way and may designate intersections or other roadway junctions at which vehicular traffic on one or more roadways shall stop or yield and stop before entering the intersection or junction, and may, after notice and like department approval, when required, revoke any such designation. Such local authorities of a city or town having control of any way or part thereof so designated as a through way shall erect and maintain stop signs, yield signs and other traffic control devices at such designated intersections or junctions.

Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign or a flashing red signal indication shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After having stopped, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.

The driver of a vehicle approaching a yield sign shall in obedience to such sign slow down to a speed reasonable for the existing conditions and, if required for safety to stop, shall stop at a clearly marked stop line, but if none, before entering the crosswalk on the near side of the intersection, or, if none, then at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After slowing or stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time such driver is moving across or within the intersection or junction of roadways; provided, however, that if such a driver is involved in a collision with a vehicle in the intersection or junction of roadways, after driving past a yield sign without stopping, such collision shall be deemed prima facie evidence of his failure to yield the right of way.

The driver of a motor vehicle shall not cross or enter an intersection, which it is unable to proceed through, without stopping and thereby blocking vehicles from travelling in a free direction. A green light is no defense to blocking the intersection. The driver must wait another cycle of the signal light, if necessary.

For the purposes of this section the word, ""vehicle'', shall include a trackless trolley.

[ Seventh paragraph effective until July 31, 2003. For text effective July 31, 2003, see below.]

Any person violating the provisions of this section shall be punished by a fine not to exceed fifty dollars for each offense.

[ Seventh paragraph as amended by 2003, 46, Sec. 86 effective July 31, 2003. For text effective until July 31, 2003, see above.]

Any person violating the provisions of this section shall be punished by a fine not to exceed $150 for each offense.




Posted by: j809

I called RMV legal department today and left a message. I am waiting for a response. This is quite interesting that a law changed and some academies are teaching it while others have no idea about it. You would think that RMV would advise all LE about it.



Posted by: mikemac64

Quote:
Originally Posted by Gil
For the purposes of this section the word, ""vehicle'', shall include a trackless trolley.
[/b] [/color]
whew...loosing sleep over that trackless trolley issue.... =D>

I am told we have a new fine schedule waiting at the station when I arrive tonight. I will post it if I can.



Posted by: JohnBarleycorn

Pat Rogers still has it listed as $50 in his 2004 MV pocketguide. He said that he is still listing the old assessment because although the legislature has made the change, the section of the RMV that adjusts $$ hasn't made it official.



Posted by: mikemac64

I have in my hot little hands a memo from Chief Justice Zoll, re; Revised CMVI Assessment Schedule Effective April 1, 2004.

89-9 Fail to Stop/Yield 1st Offense: $100.00
Subsequent Offense $150.00

89-11 Crosswalk $150.00

Many others...



Posted by: j809

MikeMac can you fax that to me if you get a chance , i'll PM you. Thanks



Posted by: Opie

Our traffic guy told us it did and it will again but, for now it has been brought back to $50.00 until further notice.[/i]



Posted by: mikemac64

This was distributed to each District Court with instructions to each court to distribute to the local PD.



Posted by: mikemac64

Here is the link to the Trial Court web page where the new CMVI fine schedule document is located. It is 28 pages or something and is in PDF format.

http://www.mass.gov/courts/courtsand...cmviassess.pdf



Posted by: evidence

from $50 to $200 for college students failure to get out of state registration decal!!!!! holy crap, you have got to be kidding me! At least the 90/17 offenses have stayed the same. I'm already all screwed up in my calculations from the $25 head injury increase. Guess I should toss my 2001 MV law book. Anyone know how much the '04 is running for? no more at my dept.



Posted by: Gil

Quote:
Originally Posted by evidence
At least the 90/17 offenses have stayed the same. I'm already all screwed up in my calculations from the $25 head injury increase. Guess I should toss my 2001 MV law book. Anyone know how much the '04 is running for? no more at my dept.
Easy... 15 over $150, 20 over $200, 30 over car payment, 80 over months rent, 120 over mortgage payment



Posted by: mpd61

Quote:
Originally Posted by evidence
from $50 to $200 for college students failure to get out of state registration decal!!!!! holy crap, you have got to be kidding me!
HA HA their parents can afford it anyway!

I'm already all screwed up in my calculations from the $25 head injury increase.
Don't worry, there will soon be a spinal cord surcharge too!
.




Posted by: JohnBarleycorn

Anyone that purchased the CPS 2004 MV pocket guide can email Pat for a set of stickers updating the new assessments.



Posted by: DC813

What's the email address?



Posted by: Dr.Magoo

Quote:
Originally Posted by DC813
What's the email address?
angie@commonwealthpolice.net.





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