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Main Page Registration Plates – New Statute
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Posted by: Gil

Registration Plates – New Statute

Chapter 266, Section 139 has been amended by Chapter 122 of the Acts of 2005 by adding the following paragraph.
“Whoever takes and carries away the registration plate that is attached to the vehicle of another or is assigned by the registry of motor vehicles to another shall be punished by a fine of not less than $500 nor more than $1,000 or imprisonment in the house of correction for not more than 2 ½ years, or both.”

An officer may arrest without a warrant any person who he has probable cause to believe has committed or is committing a violation of the provisions of section 139.

Example: You pull over a motor vehicle for running a red light and discover that the motor vehicle has attached plates.

You are now able to charge the following

Failure to Stop for a Red Light c. 89, s. 9 (Civil)
Attaching Registration Plates c. 90, s. 23 (Criminal)
Taking & Carrying Away a Registration Plate c. 266, s. 139 (Criminal)

http://www.mass.gov/legis/laws/mgl/266-139.htm

Posted by: Mikey682

So that means attaching plates is now arrestable? cool!

Posted by: Curious EMT

So, when it says "another" is that refering to another vehicle, or another person?

If I attach my plate from my buick to my dodge, does it qualify for this statute?

If so, itsn't it just a redundant law?

Posted by: j809

I think if the plate comes back to the same guy operating vehicle use only attaching plates, if the plate is not his, hook him.

Posted by: 94c

Quote:

Originally Posted by Mikey682

So that means attaching plates is now arrestable? cool!

NEGATIVE. this only refers to the "larceny" of the plate belonging to another.

Posted by: Irish Wampanoag

Quote:

Originally Posted by Gil

Registration Plates – New Statute

Chapter 266, Section 139
“Whoever takes and carries away the registration plate that is attached to the vehicle of another.”

http://www.mass.gov/legis/laws/mgl/266-139.htm

Has to be from another owner

Posted by: Wolfman

Quote:

Originally Posted by 94c

NEGATIVE. this only refers to the "larceny" of the plate belonging to another.

However, if this plate is affixed to a vehicle that the perp is driving, you can articulate "carrying away" - I saw nothing that the plate has to have been reported stolen - it seems there is a bit of leeway in there that will allow for the arrest in certain circumstances for the attached plate.

I guess we'll see how this plays out after a few actual arrests.

Posted by: RPD931

Well, the USS Enterprise sure in hell didn't beam that plate on there, so who did? There's the articulation... let the courts sort it out.

Posted by: Vader

You have to have knowledge that the person that is operating / passenger in the vehicle with the atttached plate, was the actual person who removed / attached the plate. Whether it be from a confession or observation.

If you have that....then you are good to go.

Posted by: texdep

Quote:

Originally Posted by Vader

You have to have knowledge that the person that is operating / passenger in the vehicle with the atttached plate, was the actual person who removed / attached the plate. Whether it be from a confession or observation.

If you have that....then you are good to go.

No you only need probable cause.

Posted by: Vader

Quote:

Originally Posted by texdep

No you only need probable cause.

Observations and confessions aren't probable cause??? Stopping someone with attached plates on the vehicle isn't probable cause that they put them there. You're gonna need more.

Posted by: NFAfan

Anything to fill the state coffers!!

Registration Plates – New Statute

Chapter 266, Section 139 has been amended by Chapter 122 of the Acts of 2005 by adding the following paragraph.
“Whoever takes and carries away the registration plate that is attached to the vehicle of another or is assigned by the registry of motor vehicles to another shall be punished by a fine of not less than $500 nor more than $1,000 or imprisonment in the house of correction for not more than 2 ½ years, or both.”

2 1/2 years and a fine of 500-1000 dollars for a plate violation? Some people don't do that kind of time for voluntary manslaughter in this state.

This state is completely out of control.

Posted by: Curious EMT

Quote:

Originally Posted by NFAfan

2 1/2 years and a fine of 500-1000 dollars for a plate violation? Some people don't do that kind of time for voluntary manslaughter in this state.

This state is completely out of control.

Do a little reaserch on how much time convicted criminals actualy do time in thie state.
Then comment. When you run someone's criminal history and they have over 150 different charges, yet have done less than 10 years, you learn to disregard the stautory maximum sentance, and often the minimum, as those are frequently overlooked as well.

Posted by: RPD931

CHAPTER 266. CRIMES AGAINST PROPERTY

Chapter 266: Section 139. Motor vehicles or trailers; defacement, etc., of identifying numbers; penalties; arrests

Section 139. (a) Whoever intentionally and maliciously removes, defaces, alters, changes, destroys, obliterates or mutilates or causes to be removed or destroyed or in any way defaced, altered, changed, obliterated or mutilated, the identifying number or numbers of a motor vehicle or trailer shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than three years, or both. The possession of any motor vehicle or trailer by a person who knows, should know, or has reason to know that the identifying number or numbers of such vehicle has been removed, defaced, altered, changed, destroyed, obliterated or mutilated shall be a prima facie evidence of a violation of this paragraph.
(b) Whoever sells, transfers, distributes, dispenses or otherwise disposes of or attempts to sell, transfer, distribute, dispense or otherwise dispose of any motor vehicle or trailer or motor vehicle part knowing or having reason to believe that the identifying number or numbers to said motor vehicle, trailer, or vehicle part have been so removed, defaced, altered, changed, destroyed, obliterated, or mutilated, unless authorized by law to do so, shall be punished by a fine of not more than one thousand dollars or by imprisonment in the state prison for not more than three years, or both.
(c) Whoever buys, receives, possesses, or obtains control of a motor vehicle, trailer, or motor vehicle part knowing or having reason to believe that an identifying number to said vehicle, trailer, or vehicle part has been removed, obliterated, tampered with, or altered, unless authorized by law to do so, shall be punished by a fine of not more than five hundred dollars or by imprisonment in a house of correction for not more than two years, or both.
The phrase “identifying number or numbers”, as used in this section, shall mean the manufacturer’s number or numbers identifying the motor vehicle, trailer or motor vehicle part as required to be contained in an application for registration by section two of chapter ninety, including the identifying number or numbers as restored or substituted under authority of section thirty-two A of said chapter ninety or similar law of another state.
An officer authorized to make arrests may arrest without warrant any person who he has probable cause to believe has committed or is committing a violation of the provisions of this section.
A conviction of a violation of this section or any adjudication that a person is a delinquent child by reason thereof shall be reported forthwith by the court or magistrate to the registrar of motor vehicles who shall revoke immediately the license to operate motor vehicles or the right to operate motor vehicles of the person so convicted or adjudged, and no appeal, motion for new trial or exceptions shall operate to stay the revocation of such license or right to operate. The registrar of motor vehicles after having revoked the license or right to operate of any such person so convicted or adjudged shall issue a new license or reinstate such right to operate, if the prosecution of such person is finally terminated in his favor; otherwise, no new license shall be issued nor shall such right to operate be reinstated until sixty days after the date of revocation following his original conviction or adjudication if for a first offense, or until one year after the date of revocation following any subsequent conviction or adjudication.

Posted by: Edmizer1

This section does not apply to the Chapter 90 "Attaching Wrong M/V Plates" instances. This a Chapter 266 offense which is crimes against property (THEFT). This section only applies to theft of a plate or receiving a stolen plate.

Posted by: 94c

Quote:

Originally Posted by Edmizer1

This section does not apply to the Chapter 90 "Attaching Wrong M/V Plates" instances. This a Chapter 266 offense which is crimes against property (THEFT). This section only applies to theft of a plate or receiving a stolen plate.

Thank God someone gets it.

Posted by: Fozzy

Does it bother anyone that the language from Ch. 122 of the acts of 2005 isn't actually in the 2006 version of Ch. 266 s.139? I do believe that 'identifying numbers' refers to the VIN and not the 'registration plate' as the language from Ch. 122, Acts of 2005 states.

I don't think that language made it to the final version of the act. It would be nice... All you'd need to prove is 'taking and carrying away' rather than 'taking and carrying away with the intent to permanently deprive the owner of the use or value...'

Posted by: Edmizer1

This new statute is for people displaying or receiving ***STOLEN*** - ***STOLEN*** License plates. It was merged together with several other bills to make it arrestable. The argument was that if police stopped someone with stolen plates on the car, the only thing the police could do is summons. As stated before, it is completely separate from the Chapter 90 "Attaching Wrong M/V Plates" offense. It is a Chapter 266 Theft offense.

I do not recomend arresting someone for simply Attaching Plates as was suggested in an earlier post to test the statute.

Posted by: j809

I agree with that however the BPD Academy sheet that was handed out to various PDs says otherwise, says that for simply attaching plates you have the option to charge with the new statute. It says, that if I attach a plate to a vehicle and that plate is not registered to me, then this statute can be used.

Posted by: Fozzy

Quote:

Originally Posted by j809

I agree with that however the BPD Academy sheet that was handed out to various PDs says otherwise, says that for simply attaching plates you have the option to charge with the new statute. It says, that if I attach a plate to a vehicle and that plate is not registered to me, then this statute can be used.

WHICH statute? There is no language in 266/139 to reflect the change.

The link to 266/139: http://www.mass.gov/legis/laws/mgl/266-139.htm

Posted by: Fozzy

OK, so the Commonwealth webpage is a year behind. No problem... Courtesy of Westlaw, the last paragraph of c.266 s.139:

"Whoever takes and carries away the registration plate that is attached to the vehicle of another or is assigned by the registry of motor vehicles to another shall be punished by a fine of not less than $500 nor more than $1,000 or imprisonment in the house of correction for not more than 2 1/2 years, or both.

CREDIT(S)
Amended by St.1961, c. 73, § 4; St.1979, c. 792; St.1981, c. 264, §§ 1 to 3; St.1985, c. 386; St.2005, c. 122, § 18, eff. Oct. 28, 2005.
> <General Materials (GM) - References, Annotations, or Tables>

HISTORICAL NOTES
HISTORICAL AND STATUTORY NOTES
2006 Main Volume
2005 Legislation
St.2005, c. 122, § 18, an emergency act, approved Oct. 28, 2005, and by § 22 made effective Oct. 28, 2005, in subsec. (c), added the fifth paragraph."

I'm sure they'll get around to upadating the law database eventually...

I sit corrected!

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