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Is it an offense in Mass. to cut through private property, say a gas station, to avoid a traffic light/intersection? If so, could someone provide me with the chapter and section?

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75th N.H.P.A.
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Is it an offense in Mass. to cut through private property, say a gas station, to avoid a traffic light/intersection? If so, could someone provide me with the chapter and section?
Yes. Trespass with motor vehicle. GL Ch. 266, s. 121A

http://www.mass.gov/legis/laws/mgl/266-121a.htm

Yes, it is not in Chapter 90, but you will find it in the CMVI schedule of assessments, and it is a good one: $250.
 

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Interesting...but I'm not sure that would stick at all times of the day. In the first three words of MGL 266-121A, it says "Whoever, without right..." We have a particularly large and heavily travelled intersection that happens to have a wide parking lot kitty-corner to it. The parking lot is for a general/mini market type store. It's hours are typically 7A-6P. Common sight to see a-holes in the AM commute slipping through. I could definitely articulate they had no right to be there while the store was closed...but difficult to say they had no right to a publicly used lot for a store open to business. Would have been nice if an "invitees and licensees" clause was attached to it, since they'd qualify as neither.

What has been used in the past is negligent op. as reason for the stop if there were pedestrians in the lot, and the speed perceived excessive. Doesn't necessarily turn into a crim app (but could be) when they get stopped after exiting the other side of the lot...but all the other drivers trying to slide thru the lot see it, and hopefully are deterred from doing the same in the future. You may have better grounds to cite for failing to signal or some other thing...typically it's the impatient jerks who just jump out of a line of cars at the light, and cruise through. They don't tend to use the turn signal very often. Settles that issue down for a while.
 

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Interesting...but I'm not sure that would stick at all times of the day. In the first three words of MGL 266-121A, it says "Whoever, without right..." We have a particularly large and heavily travelled intersection that happens to have a wide parking lot kitty-corner to it. The parking lot is for a general/mini market type store. It's hours are typically 7A-6P. Common sight to see a-holes in the AM commute slipping through. I could definitely articulate they had no right to be there while the store was closed...but difficult to say they had no right to a publicly used lot for a store open to business. Would have been nice if an "invitees and licensees" clause was attached to it, since they'd qualify as neither.
Easy solution: Have a chat with the owner of the store and find out if they are opposed to it (which they probably are, as it puts wear and tear on their lot and increases the risk of accidents on their property). Have the post private property signs, and make sure all of their managers are on the same page.

They don't have to do anything to 'enforce' it, and you can have a directed patrol if need be if it is indeed a problem area. Problem oriented policing, folks. ;-)
 

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Easy solution: Have a chat with the owner of the store and find out if they are opposed to it (which they probably are, as it puts wear and tear on their lot and increases the risk of accidents on their property). Have the post private property signs, and make sure all of their managers are on the same page.
Frank's is the right idea: Posting signs at the lot entrances that say, "Store patrons only" or something to that effect, just in case you need a better argument to win the case in court.

When I worked in New Hampshire there actually was a statute that directly adressed passing through private property to avoid a traffic control device.
 

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I've used 266s121A at power lines, sand pits and farm lands for the off road knuckleheads but never on property where "public is invited". Once at Worcester DC I had 3 cites written as non crim. Clerk dismised all 3 saying that they needed to be crim apps. Funny, every other DC in the commonwealth takes them as non crim. I think it was a bag job because non of the nitwits were there.
 

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i'm positive i've seen it specifically noted in past violation books, but the 3'rd paragraph of ch 89 s 9 will hold up.. "except when directed by a police officer, every driver approaching a stop sign of flashing red signal indication Shall stop at a clearly marked stop line" - Not see the stop sign/ stop signal as you approach and then clearly circumvent it by cutting through the corner gas station's property and keep going without a business transaction or other reason for going on the property..
 
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