SENATE DOCKET, NO. 425        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1697

The Commonwealth of Massachusetts

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PRESENTED BY:

Anthony W. Petruccelli

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act relative to noncriminal disposition of parking violations.

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PETITION OF:

SENATE DOCKET, NO. 425        FILED ON: 1/16/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1697

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1779 OF 2011-2012.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Thirteen

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An Act relative to noncriminal disposition of parking violations.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

SECTION 1.  Section 20A½ of chapter 90 of the General Laws is hereby amended on the second line of the eighth paragraph thereof by deleting the word “two” at the end thereof and by inserting in place thereof the word “one”.

SECTION 2.  Section 20A½ of chapter 90 of the General Laws is hereby amended on the fourth line of the eighth paragraph thereof by inserting after the words “said vehicle” the following:  “and shall not issue a new motor vehicle registration to said person.”

SECTION 3.  Section 20A½ of chapter 90 of the General Laws is hereby amended by inserting after the ninth paragraph the following new paragraph:

“If any person licensed to operate a motor vehicle in the commonwealth or having a motor vehicle registered in the commonwealth fails to appear in accordance with five or more notices the parking clerk shall notify the registrar of motor vehicles who shall place the matter on record and shall suspend, without a hearing, the person’s license to operate a motor vehicle in the commonwealth until such time as the matter has been disposed of in accordance with law.  The registrar of motor vehicles shall also suspend without a hearing and shall not renew the person’s motor vehicle registration and shall not issue a new motor vehicle registration of any kind to said person until after notice from the parking clerk that all such matters have been disposed of in accordance with law.  In the case of any person licensed to operate a motor vehicle in a state other than the commonwealth or having a motor vehicle registered in a state other than the commonwealth where said person has failed to appeal or appear in accordance with five of said notices, notwithstanding any notification to the registrar, the parking clerk may notify the chief of police or director of traffic or parking of said city or town that the vehicle involved in said multiple violations shall be removed and stored, or otherwise immobilized by a mechanical device, at the expense of the registered owner of said vehicle until such time as the matter has been disposed of in accordance with law.”

SECTION 4.  Section 20A of chapter 90 of the General Laws is hereby amended on the second line of the seventh paragraph thereof by deleting the word “two” at the end thereof and by inserting the word “one”.

SECTION 5.  Section 20A of chapter 90 of the General Laws is hereby amended on the fourth line of the seventh paragraph thereof by inserting after the words “said vehicle” the following:  “and shall not issue a new motor vehicle registration to said person”.

SECTION 6.  Section 20A of chapter 90 of the General Laws is hereby amended by inserting after the eighth paragraph the following new paragraph:

“If any person licensed to operate a motor vehicle in the commonwealth or having a motor vehicle registered in the commonwealth fails to appear in accordance with five or more notices the parking clerk shall notify the registrar of motor vehicles who shall place the matter on record and shall suspend, without a hearing, the person’s license to operate a motor vehicle in the commonwealth until such time as the matter has been disposed of in accordance with law.  The registrar of motor vehicles shall also suspend without a hearing and shall not renew the person’s motor vehicle registration and shall not issue a new motor vehicle registration of any kind to said person until after notice from the parking clerk that all such matters have been disposed of in accordance with law.  In the case of any person licensed to operate a motor vehicle in a state other than the commonwealth or having a motor vehicle registered in a state other than the commonwealth where said person has failed to appeal or appear in accordance with five of said notices, notwithstanding any notification to the registrar, the parking clerk may notify the chief of police or director of traffic or parking of said city or town that the vehicle involved in said multiple violations shall be removed and stored, or otherwise immobilized by a mechanical device, at the expense of the registered owner of said vehicle until such time as the matter has been disposed of in accordance with law.”

SECTION 7.  Section 22 of chapter 90 of the General Laws is hereby amended in the second paragraph of subsection (c) on line two thereof by deleting the words after “ordinance” and by inserting in place thereof the following:  “including parking violations upon notice from the parking clerk, as provided for in sections 20A and 20A½ of chapter 90 of the General Laws, when a person fails to appear in accordance with five or more parking violation notices, when the parking clerk has notified the registrar of motor vehicles”.

SECTION 8.  Section 7V of chapter 90 of the General Laws is hereby amended by adding a new sub-section (d) as follows:  “The registrar shall, on or before January 1, 2012 make and implement rules and regulations relative to the issuance of certificates of inspection which shall provide that said certificate of inspection shall not be issued to the registrant and or any person licensed to operate a motor vehicle in the commonwealth, until all parking violations on record with the registrar marked to the person’s drivers license number, pursuant to the provisions of sections 20 and 20A½ of chapter 90 of the General Laws, have been disposed of in accordance with the law.

SECTION 9.  Notwithstanding the provisions of any special or general law to the contrary the registrar shall not renew or issue a new license to operate a motor vehicle in the commonwealth to any person whose previous motor vehicle license is marked by the registrar for non-renewal, in accordance with the provisions of sections 20A or 20A½ of chapter 90 of the General Laws, until such time as all parking violations on record with the registrar have been disposed of in accordance with law.

SECTION 10.  Section 20A of chapter 90 of the General Laws is hereby amended on the seventh line of the seventh paragraph by adding at the end thereof after the word “vehicle” the following:  “and an additional twenty dollar charge payable to the city or town in which the violation occurred, shall be assessed against the registered owner of said vehicle”.

SECTION 11.  Section 20A½ of chapter 90 of the General Laws is hereby amended on the seventh line of the eighth paragraph by adding at the end thereof after the word “vehicle” the following:  “and an additional twenty dollar charge, payable to the city or town in which the violation occurred shall be assessed against the registered owner of said vehicle”.