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What does "$50 head injury surcharge" mean?

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Posted by: Unregistered

Hi, I was just wondering what "Speeding assessments include a $50 head injury surcharge" means. Does it mean that if you HAVE a head injury, $50 dollars will be added on? Or is it just $50 per person in the car because of risk of injury from speeding? Thanks

ps. my particular ticket appears to say "cough" (but im not positive.. it could said cash, or caught, or something like that, but im pretty sure its cough) and has a 50 written and circled after it. Does this mean I got 50 dollars added because I have a cold?

pps. If clocked, radar, and estimated are all checked off, what does this mean? Isn't it not estimated if they radared it?

Thank you very much for your response, I have just never gotten a ticket before and don't really know what the terms on it mean. I appreciate your time.


Posted by: SOT

It's a fund for people who are uninsured and who then get head injuries which then require massive medical care for the rest of their lives.

OR

It's to pay the guys that clean up the brains off the street after an accident.

Your choice.


Posted by: 94c

The money goes back to the cities and towns to use as they see fit. (as long as its related to the fee)

My city uses it to supply hockey helmets for those that ride the short bus. Mind you this does not apply to school children. (just like school buses are not required to have seat belts.)

This is for the regular city buses that some of our adults use.

hope this helps


Posted by: maietta84

Quote:
Originally Posted by SOT_II
It's a fund for people who are uninsured and who then get head injuries which then require massive medical care for the rest of their lives.

OR

It's to pay the guys that clean up the brains off the street after an accident.

Your choice.
So does this mean that it is automatically added to the speeding ticket, or is it incurred for a specific offense?

Thanks


Posted by: Wolfman

Quote:
Originally Posted by Unregistered
pps. If clocked, radar, and estimated are all checked off, what does this mean? Isn't it not estimated if they radared it?
It most likely means that the officer saw your vehicle and made a quick determination that you were speeding based on the how fast you were traveling compared to other traffic and/or stationary objects. For example, if the flow of traffic say is between 60 and 65 MPH and your vehicle is passing numerous other cars logic dictates that you are traveling in excess of 65 MPH and probably closer to 70 or 75 based on how fast you are passing. This would be an estimate, and is based on the officers own observations and experience.

Then most likely he adjusted the speed of the cruiser to match the speed of your vehicle, so that he was neither closing in nor drawing back from your vehicle. By doing this the cruiser speed approximates the speed of the target vehicle. Then by consulting the cruiser speedometer, an accurate reading of your speed can be determined. This would be clocking your speed.

Usually the final step is to make an electronic verification of the target speed by activating a radar speed measuring device. By activating a cruiser radar unit, the officer can then get a reading of an exact speed based on defined and accepted scientific principles. This would be radar.

Bear in mind that these steps may be accomplished when a cruiser is in front of as well as behind a target vehicle, and can all be accomplished in a very short period of time. Should all three of these speed determination methods be employed and the results be consistent with one another, that makes a very solid foundation for a stop and citation for the civil offense of speeding.


Posted by: SOT

Every speeding ticket that is NOT on the MA Pike and maybe some of the tunnels.


Quote:
Originally Posted by maietta84
So does this mean that it is automatically added to the speeding ticket, or is it incurred for a specific offense?

Thanks



Posted by: Gil

Actually I think only $25 goes to the HIF, the other $25 goes to the general fund.

Chapter 90: Section 20. Penalties and punishments

There shall be a surcharge of $50 on a fine assessed against a person convicted or found responsible of a violation of section 17 or a violation of a special regulation lawfully made under the authority of section 18. The first $25 of each surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Head Injury Treatment Services Trust Fund. The remaining amount shall be transferred by the registrar to the state treasurer for deposit in the General Fund.


Posted by: maietta84

Quote:
Originally Posted by Wolfman
Should all three of these speed determination methods be employed and the results be consistent with one another, that makes a very solid foundation for a stop and citation for the civil offense of speeding.
If this is the case, and he used a radar to get an exact number, shouldn't my ticket say an exact number instead of 80-90 ?
Thanks


Posted by: maietta84

Quote:
Originally Posted by SOT_II
Every speeding ticket that is NOT on the MA Pike and maybe some of the tunnels.
So in that case (on MA pike, in tunnels).. the head injury surcharge is or is not automatically incurred for any speeding ticket? I was on the mass pike.


Posted by: Wolfman

Quote:
Originally Posted by maietta84
If this is the case, and he used a radar to get an exact number, shouldn't my ticket say an exact number instead of 80-90 ?
Thanks
Fuck-all, don't ask me, I didn't write the thing! Go to the police station and ask the guy who wrote it!

Friggin' 20-questions going on here......you looking for answers or trying to get ammo to weasel out of a ticket?


Posted by: maietta84

Answers, actually, I have no intention of using this against anyone, I legitimately want to know. I know I was wrong, and speeding, thus I really have no right to protest the ticket. Yes, I think the amount is a bit much, but I shouldnt have been speeding so it was my own fault. And i can't really go to the station anyway, it was a state trooper.


Posted by: SOT

MGL is pretty clear on this, there should be NO head injury surcharge for violations outside of towns and thickly settled areas (basically). If it's a divided highway (the MA Pike) and the speed limit is set by an authority other than a town (State), you are GOLDEN to get off on the head injury surcharge.


MGL 90 17
No person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public. Unless a way is otherwise posted in accordance with the provisions of section eighteen, it shall be prima facie evidence of a rate of speed greater than is reasonable and proper as aforesaid (1) if a motor vehicle is operated on a divided highway outside a thickly settled or business district at a rate of speed exceeding fifty miles per hour for a distance of a quarter of a mile, or (2) on any other way outside a thickly settled or business district at a rate of speed exceeding forty miles per hour for a distance of a quarter of a mile, or (3) inside a thickly settled or business district at a rate of speed exceeding thirty miles per hour for a distance of one-eighth of a mile, or (4) within a school zone which may be established by a city or town as provided in section two of chapter eighty-five at a rate of speed exceeding twenty miles per hour. Operation of a motor vehicle at a speed in excess of fifteen miles per hour within one-tenth of a mile of a vehicle used in hawking or peddling merchandise and which displays flashing amber lights shall likewise be prima facie evidence of a rate of speed greater than is reasonable and proper. If a speed limit has been duly established upon any way, in accordance with the provisions of said section, operation of a motor vehicle at a rate of speed in excess of such limit shall be prima facie evidence that such speed is greater than is reasonable and proper; but, notwithstanding such establishment of a speed limit, every person operating a motor vehicle shall decrease the speed of the same when a special hazard exists with respect to pedestrians or other traffic, or by reason of weather or highway conditions. Any person in violation of this section, while operating a motor vehicle through the parameters of a marked construction zone or construction area, at a speed which exceeds the posted limit, or at a speed that is greater than is reasonable and proper, shall be subject to a fine of 2 times the amount currently in effect for the violation issued. Except on a limited access highway, no person shall operate a school bus at a rate of speed exceeding forty miles per hour, while actually engaged in carrying school children.

What started the head injury thing:

There is hereby established on the books of the commonwealth a separate fund known as the Head Injury Treatment Services Trust Fund. Said trust fund shall consist of monies paid to the commonwealth pursuant to sections 20 and 24 of chapter 90 and any interest or investment earnings on such monies, except for monies deposited in the Spinal Cord Injury Trust Fund under section 59A. The state treasurer, ex officio, shall be the custodian of said trust fund and shall receive, deposit and invest all monies transmitted to him under the provisions of this section and shall credit interest and earnings on the trust fund to said trust fund. Funds collected pursuant to said section 24 shall be expended without further appropriation for the purpose of developing and maintaining nonresidential rehabilitation services for head injured persons in such manner as the commissioner of rehabilitation may direct. Funds collected pursuant to said section 20 shall be expended without further appropriation for the purpose of developing and maintaining residential and nonresidential rehabilitation services for head injured persons in such manner as the commissioner of rehabilitation may direct. In order to ensure that said services established by the commissioner continue without interruption, the comptroller may certify for payment amounts in anticipation of revenues collected for the corresponding quarter during the previous fiscal year.


ALSO the extra $25 that goes to the General Fund is an ILLEGAL fee or surcharge. The state can only incur costs and surcharges that have some founding in actual cost to the state. But don't get into that as they don't care.

Lastly if they used RADAR/LIDAR they have to put the EXACT speed, estimations when using RADAR and LIDAR are not allowed. Make sure you ask to know when the detector was last certified. As of Jan 1, 2007 they must be certified by a trained/licensed technician every 60 days. It's a new law so I bet the thing was not certified.

You are prolly one of the only people here that I've seen in years that actually has a chance to get NR. Most of the time people that come here are just scamming.


Quote:
Originally Posted by maietta84
So in that case (on MA pike, in tunnels).. the head injury surcharge is or is not automatically incurred for any speeding ticket? I was on the mass pike.



Posted by: BufordTJustice

Means you got a ticket.


Posted by: Sniper

Gil, we need a FAQ page for all these crazy topics.......... HAHAHA. Also, do we HAVE TO allow unregistereds to post ???


Posted by: Stevec

Quote:
Originally Posted by Wolfman
It most likely means that the officer saw your vehicle and made a quick determination that you were speeding based on the how fast you were traveling compared to other traffic and/or stationary objects. For example, if the flow of traffic say is between 60 and 65 MPH and your vehicle is passing numerous other cars logic dictates that you are traveling in excess of 65 MPH and probably closer to 70 or 75 based on how fast you are passing. This would be an estimate, and is based on the officers own observations and experience.

Then most likely he adjusted the speed of the cruiser to match the speed of your vehicle, so that he was neither closing in nor drawing back from your vehicle. By doing this the cruiser speed approximates the speed of the target vehicle. Then by consulting the cruiser speedometer, an accurate reading of your speed can be determined. This would be clocking your speed.

Usually the final step is to make an electronic verification of the target speed by activating a radar speed measuring device. By activating a cruiser radar unit, the officer can then get a reading of an exact speed based on defined and accepted scientific principles. This would be radar.

Bear in mind that these steps may be accomplished when a cruiser is in front of as well as behind a target vehicle, and can all be accomplished in a very short period of time. Should all three of these speed determination methods be employed and the results be consistent with one another, that makes a very solid foundation for a stop and citation for the civil offense of speeding.
Shit I could hit the Canadian Border before all of these were done! I would think one of those would be good enough.


Posted by: no$.10

Quote:
Originally Posted by Unregistered
Does it mean that if you HAVE a head injury, $50 dollars will be added on? Does this mean I got 50 dollars added because I have a cold?
Exactly, you figured it out on your own. In Massachusetts, the brain injured are only allowed to drive until they acquire three surchargable events. Each fine is an additional 50$. Now, if you have a cold, this won't really effect you, because your next two won't have the 50$ charge, so they will know that you are not brain-injured (permanently, that is).

If you are not permanently brain damaged, you don't have to pay the 50$.


Posted by: 94c

Quote:
Originally Posted by Sniper
Gil, we need a FAQ page for all these crazy topics.......... HAHAHA. Also, do we HAVE TO allow unregistereds to post ???
why not go the full boat and not allow the uninsureds and illegally attached to post?


Posted by: kwflatbed

Dam and all this time I thought that they paid $50 to get
thier head injured on a M/V stop.


Posted by: dcs2244

The "head injury" surcharge is actually to help defray the medical bills incurred by uncooperative lemmings who experience the "happy flashlight" or "ASP" as a result of their actions.

Fifty bucks is actually a bargain if you think about it...think of it as an insurance policy: fifty bucks for an extended stay at the brain hospital in Hartford!

I hope this cleared up any misinformation that was pedaled as "law" posted above!

Happy rehab!


Posted by: j809

Just curious, how many of you guys check box 2 for them.


Posted by: TacOps

He probably put 80-90 mph so ass holes like you wouldn't dispute an exact number in court, since he wasn't using Ladar.

The head injury charge is to aid people that have injuries. If your speeding, you should have to pay it. Stop speeding, and stop trying to get out of a ticket. Why do people always challenge us? We're enforcing the laws. We didn't make the laws. Your the ones who know the law and your breaking it, so shut the fuck up.

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