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Ch 90 Sec 13

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Posted by: union1

I was in a position today to cite a guy for having a TV forward of the driver. The dude was a bit of an asshole but I didnt cite him. Any troopers on here give me your opinion.

Vehicle reg was NH and the TV was NOT turned on.

If the Screen is not on, is it a citable offence ? Does the fact that its a NH registered vehicle and not turned on have any difference?


Posted by: MarkBoston

"Does the fact that its a NH registered vehicle..."
You're kidding right? Would you let him go for speeding because he was registered in NH and driving in your jurisdiction?
Please don’t tell me you’re a Hogan’s School for Misguide Youth graduate? The Deputy will start rolling in his grave
Chapter 90 Section 13


Posted by: JoninNH

Oh gee, does that mean because I am from NH I can drive an uninsured vehicle in MA and not get in deep $hit if I get pulled over? :P


Posted by: Opie

I would say if it wasn't on, do not cite. It's like the aftermarket lighting you can use it only when the MV is not moving and no it does not matter if they are from NH.


Posted by: mv577

Ok hopefully I don't get myself bashed for asking this... and mind you I haven't been through the F/T academy yet so be gentle :P

I was under the impression that as far as equipment goes the vehicle had to be legal per the registered states equipment laws. no? Example: Window tint, if MA says 35% and RI says 20% and a RI registered vehicle was driving through my town with 25% he is within the legal limits per the state his vehicle is registered in. So how could I cite him?

Now I don't know what RI tint laws are... but this type of scenario was always my understanding... be it as naive as it may be... it stems from my personal experience with a similar situation as I described above. In 94' Providence PD cited me for my window tint in Providence.... but my vehicle was within legal limits for MA... my local Police Department got the ticket dismissed for me because of that... were they wrong to do so?


Posted by: MarkBoston

"No person, when operating a motor vehicle, shall permit to be on or in the vehicle or on or about his person anything which may interfere with or impede the proper operation of the vehicle or any equipment by which the vehicle is operated or controlled, except that a person may operate a motor vehicle while using a citizens band radio or mobile telephone as long as one hand remains on the steering wheel at all times."

Pretty straight forward for an old guy like me. I usually don't give two poops for MV Law enforcement, but this one is a nice catch all PC. I have never seen a person drop a cell phone while talking and driving, but letting go of the wheel for a second is all you need.

Take time to read the MGL you'll find that many people break the laws at least a couple of times a day. The trick is being there when it happens. I'm not talking about citing the average man/woman for BS crap. This is about PC for a traffic stop when the time is right for you, but very wrong for them.

In time you'll learn to leave the small stuff for the bottom feeders who just like to bust chops. If you wait for the right time with the wrong people you'll do more in 5 minutes then the bottom feeders do in a month.

Today's sermon has ended go in peace.


Posted by: union1

Quote:
Originally Posted by mv577 @ Tue 31 Aug, 2004
Ok hopefully I don't get myself bashed for asking this... and mind you I haven't been through the F/T academy yet so be gentle :P

I was under the impression that as far as equipment goes the vehicle had to be legal per the registered states equipment laws. no? Example: Window tint, if MA says 35% and RI says 20% and a RI registered vehicle was driving through my town with 25% he is within the legal limits per the state his vehicle is registered in. So how could I cite him?

Now I don't know what RI tint laws are... but this type of scenario was always my understanding... be it as naive as it may be... it stems from my personal experience with a similar situation as I described above. In 94' Providence PD cited me for my window tint in Providence.... but my vehicle was within legal limits for MA... my local Police Department got the ticket dismissed for me because of that... were they wrong to do so?
Thats exactly why I included the Reg state in the question. When I was in HS the big thing to do was jack your truck up to the moon and find a way to register it in NH which had no Height Limit. Also this wasnt ment to be a hard ass, its just a personal knowlege question. Im waiting for a Trooper Response to this since they are the 90 Pros.


Posted by: bulldog

Who cares where the hell he is from. If he's in MASS, he's subject to MASS law just like everybody else. Plus, if he was an asshole, that's even more of a reason to stick it to him. I say write him the GIG and let him go through the hassle of appealing it at court. <===EDIT====>

EDITED By Gil


Posted by: Wolfman

My view is that unless the text of the law specifically exempts out-of-state vehicles, they are subject to the same regulations as Mass registered vehicles. Like Mark said, this is a powerful tool, use it well and use it wisely. Bad case law frequently starts with a poor quality stop.

Now to Union1's post(s)...
Quote:
Originally Posted by Union1
Thats exactly why I included the Reg state in the question. When I was in HS the big thing to do was jack your truck up to the moon and find a way to register it in NH which had no Height Limit. Also this wasnt ment to be a hard ass, its just a personal knowlege question. Im waiting for a Trooper Response to this since they are the 90 Pros.
Chapter 90: Section 7P Height of motor vehicles; alteration restricted
Section 7P. No person shall alter, modify or change the height of a motor vehicle with an original manufacturer's gross vehicle weight rating of up to and including ten thousand pounds, by elevating or lowering the chassis or body by more than two inches above or below the original manufacturer's specified height by use of so-called ""shackle lift kits'' for leaf springs or by use of lift kits for coil springs, tires, or any other means or device.
The registrar shall establish rules and regulations for such changes in the height of motor vehicles beyond said two inches. No motor vehicle that has been so altered, modified or changed beyond the provisions of this section or the rules and regulations established by the registrar shall be operated on any way.

Now window tint, that's different - there is an exemption for vehicles registered outside of MA, so if the NY car with limo tint comes through, you'll just have to find another reason to stop it. Odds are it won't take long to find one.


Posted by: JoninNH

I don't know why the operator was an asshole to you, because having a TV forward of the driver's seat is a citable offense in New Hampshire too...

NH RSA 266:75 Television. – No person shall drive any motor vehicle equipped with any television viewer, screen or other means of visually receiving a television broadcast which is located in the motor vehicle at any point forward of the back of the driver's seat, or which is visible to the driver while driving the motor vehicle.

I know a guy who busted some moron kid for having a PlayStation 2 in his front passenger's seat. He probably wouldn't have noticed it, if he didn't pull up next to the "phat, phreaked out car, man" that was blaring some cRap music... upon stopping the vehicle he observed the passenger still actually playing the game. What a moron.

Posted Tue August 31, 2004 8:54 pm:

Quote:
Originally Posted by bulldog @ Tue August 31, 2004 6:36 pm
Who cares where the hell he is from. If he's in MASS, he's subject to MASS law just like everybody else. Plus, if he was an asshole, that's even more of a reason to stick it to him. I say write him the GIG and let him go through the hassle of appealing it at court. <===EDIT===>!
There is your Trooper Response... cite the idiot.

I hate these idiots who drive like morons in New England because they don't think that ticket they get is going to matter because they live in some far away state... but who has the last laugh when they return to New England to find a warrant for failure to appear...


Posted by: j809

In regards to tint, there was a case law that came down from Georgia a few weeks ago. A police officer stopped a MV with a GA reg. for excessive tint. She was subsequently arrested for OUI I believe. She appealed that the stop was unlawful since the 35% law only applies to GA residents and not out of state residents. appelate court agreed and the GA law for tint was repealed. Now there is no tint law in GA. However her conviction stuck because the officer was acting within the law and good faith. It would be interesting if the same can happen in Massachusetts now.


Posted by: USMCTrooper

Quote:
Originally Posted by JoninNH @ Tue 31 Aug, 2004
I hate these idiots who drive like morons in New England because they don't think that ticket they get is going to matter because they live in some far away state... but who has the last laugh when they return to New England to find a warrant for failure to appear...

Plus, with the NDR firmly in place for years now, they can "run" but not hide. Skip out on a ticket in MASS and your home state RMV will get notified. Their home rules then apply by the respective state's Registrar. I have also seen insurance companies get notified.


Posted by: j809

Had a guy I stopped recently that got a ticket for speeding in Plymouth in 1986 and was suspended since he never paid it and had a NH license. He was a little ticked off when i towed his car and summonsed him. He said "I though they forgive tickets more than 10 years old". Rigghttt!!


Posted by: Gil

Quote:
Originally Posted by JoninNH @ Tue Aug 31, 20:46
Quote:
Originally Posted by bulldog @ Tue August 31, 2004 6:36 pm
Who cares where the hell he is from. If he's in MASS, he's subject to MASS law just like everybody else. Plus, if he was an asshole, that's even more of a reason to stick it to him. I say write him the GIG and let him go through the hassle of appealing it at court. <===EDIT===>!
There is your Trooper Response... cite the idiot.
Having a MSP avatar does not automatically make you a trooper. Just something to keep in mind.

Back on topic, I only cite if I observe them using it.


Posted by: mv577

Quote:
Originally Posted by kmf294 @ Fri Sep 03, 2004 12:34 am
Plain and simple brother, we enforce MA laws here. We are not trained in the laws of other states so dont worry about them. The way it was explained to me in the academy is if vehicles are to be operated on GODS (the registrar of motor vehicles) roads, then they must conform to GODS rules, regulations, and laws.
Thank you Sir...


Posted by: RPD931

Thats what the courts are for... let them figure it out.


Posted by: John J

Quote:
Originally Posted by ecpd402 @ 11 Sep 2004 20:09
My agency does not get involved in BPD issues. we have buildings scattered all over boston and only deal with our property. John J maybe you are confusing us with your old agency. all our officer understand our role and never conducted MV stops.
Ok, you and Union 1 need to get your story straight. 402 you say that you guys never conduct M/V stops. If that is the truth then what the hell is this:

http://www.masscops.com/phpBB2/viewtopic.php?t=4875


Posted by: Gil

Quote:
Originally Posted by John J @ Sun Sep 12, 13:29
Quote:
Originally Posted by ecpd402 @ 11 Sep 2004 20:09
My agency does not get involved in BPD issues. we have buildings scattered all over boston and only deal with our property. John J maybe you are confusing us with your old agency. all our officer understand our role and never conducted MV stops.
Ok, you and Union 1 need to get your story straight. 402 you say that you guys never conduct M/V stops. If that is the truth then what the hell is this:

http://www.masscops.com/phpBB2/viewtopic.php?t=4875
Might have two badges?


Posted by: j809

Maybe it was a campus citation?


Posted by: ecpd402

John J he has two badges. The other department he works for has ch 90. Most of us here have or had two badges.


Posted by: union1

Quote:
Originally Posted by John J @ Sun 12 Sep, 2004
Quote:
Originally Posted by ecpd402 @ 11 Sep 2004 20:09
My agency does not get involved in BPD issues. we have buildings scattered all over boston and only deal with our property. John J maybe you are confusing us with your old agency. all our officer understand our role and never conducted MV stops.
Ok, you and Union 1 need to get your story straight. 402 you say that you guys never conduct M/V stops. If that is the truth then what the hell is this:

http://www.masscops.com/phpBB2/viewtopic.php?t=4875
John, I think im going to give you an "F" in life. Your obviously lacking in the logical thought process.


Posted by: John J

Quote:
Originally Posted by union1 @ 13 Sep 2004 03:41
John, I think im going to give you an "F" in life. Your obviously lacking in the logical thought process.
What is this mysterious "other" department that you supposedly work for? I think that you got caught slinging bullshit and you and your buddy needed to come up with some lame excuse. Lets face it Rob as long as I have known you you haven't been able to make it past the PAT test for any of the many department that you have applied for. And lets face it even if you could pass you would never make it past a psych exam. Unfortunately Rob it is you that is lacking in the brain department, you forget I worked with you for a short time. I find it funny that YOU of all people are "giving me an F in life". Have you taken a good look at yourself lately? This coming from a guy that is perfectly content working for 13.41/hr as a Campus "cop". You might wonder why I left your joke of a "department" after six weeks, well I will tell you. You and the guys on your shift (with the exception of Jose) are a liability. Driving around the city with blue lights going for no reason, patrolling areas that are not part of your campus, and going out of your jurisdiction to look for problems. Oh and by the way a lockout does not justify activating your blue lights. I have seen this crap first hand and it got very tired very fast. I am sorry that I did not want to help you harass homeless people outside of the corner store. You have fun working as a campus "joke" for 13.41/ hr. Personally I could give a shit about you or what a scumbag like you thinks of me. Each time I have to communicate with you it hurts my brain to have to lower myself down to your intellectual level. I am done with you Rob. I do want to say one final thing. I truly feel sorry for the other guys in your department. I am referring to the good guys that work the day shift or the overnight shift. It is jackasses like you that make the good officers look bad. I just want to make it clear that this post is not directed at them it is directed at YOU.


Posted by: RPD931

I think the legal questions, facts and opinions have been posted. Now its getting personal. Lets take the lighter away from the fuel... locked.




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