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Posted by: yutyut1

It would be my opinion that operating a scooter without a license(90-10) or operating a scooter with a revoked license is arrestable(90-23).

Chapter 90-1 expressly states that mopeds are not motor vehicles, however does not specify scooters. Operating a moped without a license is only a civil motor vehicle infraction. This was probably an oversight by the RMV.

Anyone here have had experience with this?????

I have called the RMV legal section and have yet to hear back from them.

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Posted by: kwflatbed

Definition of "Motorized scooter'' inserted by 2004, 396, Sec. 1 effective November 18, 2004.]

"Motorized scooter'', any 2 wheeled tandem or 3 wheeled device, that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or gas powered motor that is capable of propelling the device with or without human propulsion. The definition of "motorized scooter'' shall not include a motorcycle or motorized bicycle or a 3 wheeled motorized wheelchair.

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Posted by: Curious EMT

Doesnt that cite also require the operator to have an active class M permit or endorsement?

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Posted by: yutyut1

The definition of 90-1 is the question. In order to have a motor vehicle violation one must have these elements. 1) Motor Vehicle, 2)Public way, 3) Operation.
The definition of motor vehicle under 90-1 does not omit a scooter but does omit mopeds. So could you argue a scooter can be construed as a motor vehicle?? It fits the definition pretty well.

So the question still arises, can one arrest/summons for 90-23 or 90-10 for someone operating a scooter without a license or a suspended license.

I think you would be well within your right to charge for 90-10, or 90-23

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Posted by: MCLEA

No warrantless arrest permitted for operating without a license. Cite under G.L. c. 90, § 1B for mopeds, and G.L. c. 90, § 1E for scooters. CMVI of $25 and tow moped or scooter. (Reason: G.L. c. 90, § 10 violations are not arrestable for mopeds and scooters; they are explicitly created as civil motor vehicle infractions under §§ 1B and 1E.)

Warrantless arrest under G.L. c. 90, § 21 authorized for these other infractions:

• Moped or scooter in the officer’s presence:
o Operating after suspension
o Refusing to stop
o Leaving the scene after personal injury
o Use without authority
• Moped or scooter upon probable cause: OUI

(Reason G.L. c. 90, § 21 warrantless arrest authority does apply to these offenses: In Comm. v. Griswold, 17 Mass. App. Ct. 461, rev. denied, 391 Mass. 1104 (1984), the court ruled that all Chapter 90 offenses concerning “operation” apply to mopeds – and by analogy scooters – including their related right of arrest. While failing to have a license does not involve vehicle operation, all of the other crimes covered by § 21 do pertain to the manner in which the vehicle is operated are not listed as civil motor vehicle infractions by the RMV).

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Posted by: yutyut1

Excellent reasoning and I agree with you under 90-23, however I would also believe you could arrest under 90-21(ULIARS) for Unlicensed(90-10).

My arguement is that under 90-1 a scooter would fall under the "Motor vehicle" definition as well. I understand that motor vehicles and mopeds, and scooters each have their own definition, however mopeds are explicitley omitted in the motor vehicle definition and scooters are not, leaving them open for the 90-21 test.

The Comm V Griswald case only permits a moped to be viewed as a motor vehicle for OUI purposes only NOT 90-10, or 90-23.
I would argue that there is no analagy between the two(scooters and mopeds) as one is specifically omitted from the definition of a m/v not to mention if a scooter by analagy was a moped then the new law might not have been required.

I do not understand your reasoning for not citing under 90-10..........
This would be an excellent oportunity for officers descretion. For example if a operator is not wearing corrective lenses(a vioaltion of their license restriction) they are subject to arrest under 90-10, or may be issued a Civil motor vehicle infraction for $35.00 under 90-8.

I dont know maybe I just dont see it..........Anyone else with some insight on this scooter issue......

Like I said I called the RMV legal department and they have yet to get back to me.

This is agreat discussion....lets keep it going....

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Posted by: Macop

I was trying to find the case law, but no luck where can I find it ir can you post a hyper link to it?

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Posted by: yutyut1

If you are referring to Comm V Griswald this is the case info:

Comm V Griswald 17 Mass App. Crt. 461 (1984)

It is my understanding that it permits a moped to be considered a motor vehicle in OUI cases only.....

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Posted by: Macop

Thank you

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Posted by: yutyut1

Just heard from the RMV concerning motorized scooters. According to their legal section motorized scooters are considered MOTOR VEHICLES ans are subject to 90-10 and 90-23. According to the RMV legal section they should be faxing out to police agencies a handout explaining this...

If I get it I will attempt to post it on here...

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Posted by: frapmpd24

I am aware of arrests for use of scooters with charges other than strictly Chapter 90. Local parade, moron goes speeding through the large crowd with scooter, causes a safety hazard, fails to stop for numerous detail officers. Finally gets caught... disorderly, failure to stop, among other charges.

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Posted by: massirishcop

I could not find anything in ch90 to cover scooters. Does the city or town need to create a bylaw that you could enforce?

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Posted by: yutyut1

Massirishcop,

Check under 90-1E. Newly created scooter law. (created 11-04)

According to the RMV legal section these scooters ARE considered motor vehicles and are subject to Chapter 90 enforcement, up to and including Arrest under 90-21.

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Posted by: Foxracingmtnridr

Don't arrest them just take the spark plug and cut the starter cord

Scott

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