HOUSE DOCKET, NO. 439        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2967

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Edward F. Coppinger

_________________

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.

_______________

PETITION OF:

HOUSE DOCKET, NO. 439        FILED ON: 1/13/2015

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2967

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1697 OF 2013-2014.]

The Commonwealth of Massachusetts

_______________

In the One Hundred and Eighty-Ninth General Court
(2015-2016)

_______________

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 7V of chapter 90 of the General Laws as appearing in the 2012 Official Edition is hereby amended by adding the following subsection:-

(d) The registrar shall, on or before January 1, 2016 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, have been disposed of in accordance with the law.

SECTION 2. Section 8 of chapter 90 of the General Laws as appearing in the 2012 Official Edition is hereby amended by adding  the following paragraph:-

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, until such time as all parking violations on record with the registrar have been disposed of in accordance with law.

SECTION 3. Section 20A of chapter 90 of the General Laws as appearing in the 2012 Official Edition is hereby amended by striking out, in line 117  the word “two” and inserting in place thereof the following word:--

one

SECTION 4. Said section 20A of chapter 90 as so appearing is hereby further amended by inserting after the words “said vehicle”, in line 119, the following words:--

and shall not issue a new motor vehicle registration to said person

SECTION 5. Said section 20A of chapter 90 as so appearing is hereby further amended by inserting after the word “vehicle”, in line 123, the following words:--

and an additional $20 charge payable to the city or town in which the violation occurred, shall be assessed against the registered owner of said vehicle

SECTION 6. Said section 20A of chapter 90  as so appearing is hereby further amended by inserting after the eighth paragraph the following 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 5 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 5 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 20A½ of chapter 90 of the General Laws as appearing in the 2012 Official Edition is hereby amended by striking out, in line 94, the word “two” and inserting in place thereof the following word:--

one

SECTION 8. Said section 20A½ of chapter 90  as so appearing is hereby further amended by inserting after the words “said vehicle”, in line 96, the following words:--

and shall not issue a new motor vehicle registration to said person.

SECTION 9. Said section 20A½ of chapter 90 as so appearing is hereby further amended by inserting after the word “vehicle”, in line 100, the following words:--

and an additional $20 charge, payable to the city or town in which the violation occurred shall be assessed against the registered owner of said vehicle

SECTION 10. Said section 20A½ of chapter 90 as so appearing is hereby further amended by inserting after the ninth paragraph the following 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 5 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 5 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 11. Section 22 of chapter 90 of the General Laws as appearing in the 2012 Official Edition is hereby amended by striking out all words after “ordinance”, in lines 56-59, and inserting in place thereof the following words:--

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.