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Looking for alittle help on this one.I have been over and over my M.V law book. Iam looking for "improper start" when someone burns out (car or mc) or does a wheele on a motorcycle. Iam sure its a improper start but i can not find a Ch--sec and fine in the book.

Also under parking i find everything but "left wheel to curb" does anyone have any info on this.

Thanks
 

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Well..............
If some operator does a "burn out" or "wheelie" and I observe it, then I would cite for CH90: Sec 16 "any harsh, objectionable, or unreasonable noise" $50.00 (Motorcycle has own sound level cite under CH90: Sec 7U, but it is only $35 and more for exhaust I believe)

If the conditions like traffic and operators speed warrant it, give em a CH90:sec 24E criminal application for Negligent Operation. (It's arrestable if breach of peace!!) If it shocks and alarms the public (or me) I'm gonna articulate it well
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Failure to use care in starting (720 CMR 9.06) $20.00
Harsh, objectionable noise from (tires, exhaust etc...) 90 / 16 $50.00

Chapter 90: Section 16. Offensive or illegal operation of motor vehicles.

Section 16. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in or over any way, public or private, whether laid out under authority of law or otherwise, which motor vehicles are prohibited from using, provided notice of such prohibition is conspicuously posted at the entrance to such way. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated upon any way, except fire department and fire patrol apparatus, unless such motor vehicle is equipped with a muffler to prevent excessive or unnecessary noise, which muffler is in good working order and in constant operation, and complies with such minimum standards for construction and performance as the registrar may prescribe. No person shall use a muffler cut-out or by-pass. No person shall operate a motor vehicle on any way which motor vehicle is equipped (1) with a muffler from which the baffle plates, screens or other original internal parts have been removed and not replaced; or (2) with an exhaust system which has been modified in a manner which will amplify or increase the noise emitted by the exhaust.

No person operating a motor vehicle shall sound a bell, horn or other device, nor in any manner operate such motor vehicle so as to make a harsh, objectionable or unreasonable noise, nor permit to escape from such vehicle smoke or pollutants in such amounts or at such levels as may violate motor vehicle air pollution control regulations adopted under the provisions of chapter one hundred and eleven. No siren shall be mounted upon any motor vehicle except fire apparatus, ambulances, vehicles used in official line of duty by any member of the police or fire fighting forces of the commonwealth or any agency or political subdivision thereof, and vehicles owned by call fire fighters or by persons with police powers and operated in official line of duty, unless authorized by the registrar. No person shall use on or in connection with any motor vehicle a spot light, so called, the rays from which shine more than two feet above the road at a distance of thirty feet from the vehicle, except that such a spot light may be used for the purpose of reading signs, and as an auxiliary light in cases of necessity when the other lights required by law fail to operate.

If two or more side by each and doing the same......

Chapter 90: Section 17B. Drag racing; penalties.

Section 17B. No person shall operate a motor vehicle, nor shall any owner of such vehicle permit it to be operated, in a manner where the owner or operator accelerates at a high rate of speed in competition with another operator, whether or not there is an agreement to race, causing increased noise from skidding tires and amplified noise from racing engines. Whoever violates the provisions of this section shall be punished by a fine of not less than one hundred nor more than five hundred dollars and the registrar shall suspend such operator's license for a period of not less than thirty days. A subsequent violation shall be punished by a fine of not less than two hundred nor more than one thousand dollars and a suspension of such license for a period of not less than sixty days.

PARKING 720 CMR 9.03 $5.00

Parking on (sidewalk, crosswalk, state highway, median, side or rural roadway etc...)
 

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Injury to road surface, not sure what the ch / sec is...time to get ready for work.
 

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I believe it only applies to tracked and/or commercial vehicles over a certain weight: CH85:Sec.30
:?
 

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sinker said:
I would use c90 sec 17b it is a $500 fine
Drag racing elements require a second operator I don't think we're looking at that situation here?
:?
 

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Bearcat,
If your city/town has municipal by-laws, you could cite under 85/10 (Failure to use care when starting). If not, I believe like the other posts have mentioned, 90/16 (Harsh and Objectionable) is your answer.

As far as motorcycles doing wheelies, if they do them in heavy traffic, or there are a lot of people (pedestrians) in the area in which they "pop a wheelie," you could charge them w/Operating to Endanger--as long as you can articulate in your report those elements.

Hope this helps.
 

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sinker said:
with regards to c90 sec17b, I have seen it used and it has flown, where the operator of the vehicle has burned his tires out while at a stop light and no other vehicles were involved.
Allrighty then Dude!
:roll:

Masstroopers, Berkshire and Gil. Thanks for the consensus regarding CH90:s16
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