[j809]

I just got a guy on a Moped tonight. His license was revoked. Now this is what i got from the definition of 90/1

The definition of ""Motor vehicles'' shall not include motorized bicycles. In doubtful cases, the registrar may determine whether or not any particular vehicle is a motor vehicle as herein defined.

Chapter 90: Section 1B. Motorized bicycles; operation regulations.

Section 1B. A motorized bicycle shall not be operated upon any way, as defined in section one within the commonwealth by any person under sixteen years of age, nor at a speed in excess of twenty-five miles per hour. A motorized bicycle shall not be operated on any way by any person not possessing a valid driver's license or learner's permit. Every person operating a motorized bicycle upon a way shall have the right to use all public ways in the commonwealth except limited access or express state highways where signs specifically prohibiting bicycles have been posted, and shall be subject to the traffic laws and regulations of the commonwealth and the regulations contained in this section, except that: (1) the motorized bicycle operator may keep to the right when passing a motor vehicle which is moving in the travel lane of the way, and (2) the motorized bicycle operator shall signal by either hand his intention to stop or turn. Motorized bicycles may be operated on bicycle lanes adjacent to the various ways, but shall be excluded from off-street recreational bicycle paths.

SO you have to have a license to operate one, but what do you charge him with, Operating a Motorized Bicycle with a Revoked License?
Take care

 

[EsxPD319]

I believe you use the following,

c90 s1B Operator must have valid license or learner's permit while operating on ANY way.

1B must be used to cover operating without license or permit, and operating after suspension or revocation.

No right of arrest for unlicensed or operator with suspended or revoked license.

Hope this helps...

Ed

 

[j809]

There is a right of arrest since no one can operate any type of vehicle in MA with a suspended/revoked license. I also witnessed operation.Didn't lock him because LEAPS was down. When I returned it was up again and bang, Revoked. Court complaint. I'm just going to charge him with operating with a revoked license.

 

[EsxPD319]

Sounds good,

I double checked the the law book and it states you can't cite under s23 because it doesn't apply, you have to cite under c90 s 1B and in bold it states no right of arrest for unlicensed and/or suspended and revoked, tow and and issue citation.

see c90 s1B I have had a couple of these..



Ed

 

[j809]

Interesting Essex. You are right under 90/1B, operating a moped with no license or permit is a $25 fine, but he was revoked. So I wonder if that changes it. We'll see tomorrow, also charged him with negligent operation as to endanger, as people were walking on the sidewalk and driving on the sidewalk. This is the first time in six years i ever had this sh*t and everyone i've been talking too has different views. Oh well, here comes case law. :lol:

 

[EsxPD319]

I learned the hard way the first time too :lol:

I had two in the same week and havn't had one since.....

Either way good luck with it..


Ed

 

[Crvtte65]

What about those little scooters that have engines on them? I have seen little kids use those. Do you need a license to use one?

 

[tomahawk]

Scott, if you are talking about those motorized "Razor" scooters, there is nothing yet. They are unregulated; several attempts to push laws through have not gotten very far. It has been in the papers a couple of times, usually after some 10-year old kid wipes out and his parents blame the justice system for their kid's horrible sense of balance and lack of coordination.

-Mike

 

[j809]

Here's what i got from previous case with moped .Also DA says to charge them with revoked license operation.

Comm.v.Friswold(1984), the Court held that a person could lawfully be convicted of OUI, while operating a moped. The court stated that the operator of a motorized bicycle, pursuant to C90. S.1B is "subject to the traffic laws and regulations of the commonwealth". SInce the Massachusetts legislature made operators of motorized bicycles subject to the traffic laws of the Commonwealth they manifested their intent to make those portions of C.90 that are concerned with operation, such as operating under the influence, applicable to operators of motorized bicycles.