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SENATE DOCKET, NO. 1865         FILED ON: 8/1/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1854

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Bruce E. Tarr

_______________

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 promoting motor vehicle safety.

_______________

PETITION OF:

 

Name:

District/Address:

Bruce E. Tarr

First Essex and Middlesex

Brian M. Ashe

2nd Hampden

Bruce J. Ayers

1st Norfolk

F. Jay Barrows

1st Bristol

Matthew A. Beaton

11th Worcester

Nicholas A. Boldyga

3rd Hampden

James M. Cantwell

4th Plymouth

Gailanne M. Cariddi

1st Berkshire

Viriato Manuel deMacedo

1st Plymouth

Geoff Diehl

7th Plymouth

Benjamin B. Downing

Berkshire, Hampshire, Franklin and Hampden

Lori A. Ehrlich

8th Essex

Kimberly N. Ferguson

1st Worcester

Barry R. Finegold

Second Essex and Middlesex

Sheila C. Harrington

1st Middlesex

Robert L. Hedlund

Plymouth and Norfolk

Bradford Hill

4th Essex

Donald Humason

 

Randy Hunt

5th Barnstable

Bradley H. Jones, Jr.

20th Middlesex

Brian A. Joyce

Norfolk, Bristol and Plymouth

John D. Keenan

7th Essex

Robert M. Koczera

11th Bristol

Stephen Kulik

1st Franklin

Leonard Mirra

2nd Essex

Richard T. Moore

Worcester and Norfolk

Shaunna O'Connell

3rd Bristol

Elizabeth A. Poirier

14th Bristol

Michael J. Rodrigues

First Bristol and Plymouth

Richard J. Ross

Norfolk, Bristol and Middlesex

Todd M. Smola

1st Hampden

James E. Timilty

Bristol and Norfolk

David T. Vieira

3rd Barnstable

Donald H. Wong

9th Essex


SENATE DOCKET, NO. 1865        FILED ON: 8/1/2013

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1854

By Mr. Tarr, a petition (subject to Joint Rule 12) of Bruce E. Tarr, Brian M. Ashe, Bruce J. Ayers, Jay F. Barrows and other members of the General Court for legislation to promote  motor vehicle safety.  Transportation. 

 

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


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Thirteen

_______________

 

An Act promoting motor vehicle safety.
 

              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 22F of Chapter 90 of the General Laws, as appearing in the 2012 Official Edition, is herby amended by striking out, in line 57, the word “four” and inserting in place thereof the following word:- five.

                        SECTION 2.  Section 22F of Chapter 90, as so appearing, is herby further amended by striking out, in lines 66-68, the following sentence:-

              An appeal to the superior court may be had, in accordance with the provisions of chapter thirty A, from any order of the registrar of motor vehicles made under the provisions of this section.

                        SECTION 3.  Section 22F of Chapter 90, as so appearing, is hereby further amended by inserting at the end thereof the following paragraph:-

              Any person previously deemed an habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of more than 5 years and who is convicted of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered; making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for a registration of a motor vehicle;  going away without making known his name, residence and the registration number of his vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles in violation of section 23; operating a motor vehicle without a license in violation of section 10; or the commission of any felony in the commission of which a motor vehicle is used, shall be deemed a level 3 habitual traffic offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate for a period up to life but not less than 5 years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require. 

              Any person previously deemed an habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of more than 5 years and who is convicted of 3 or more convictions of offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more, shall be deemed  a level 2 habitual offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate to such person for a period of not less than 5 years from the date of revocation nor more than 15 years from such date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require.   Provided further, that any person previously deemed a level 2 habitual offender under this section who has not had their license or right to operate a motor vehicle restored to them by the registrar for a period of 5 years and is convicted of operating a motor vehicle while under the influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of the public might be endangered; making a false statement in an application for a learner’s permit or motor vehicle operator’s license or in an application for a registration of a motor vehicle;  going away without making known his name, residence and the registration number of his vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his right to operate motor vehicles in violation of section 23; operating a motor vehicle without a license in violation of section 10; or the commission of any felony in the commission of which a motor vehicle is used; or 2 or more convictions of offenses which are required by any provision of law to be reported to the registrar and for which the registrar is authorized or required to suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days or more, shall be deemed a level 3 habitual offender and the registrar shall immediately revoke such person’s license or right to operate and shall not issue a new license or reinstate the right to operate for a period up to life but not less than 5 years from the date of revocation, nor until such person has satisfactorily completed a driver improvement course approved by the registrar and has passed such examination as to his competence to operate motor vehicles as the registrar may require.  The registrar may revoke from any level 3 habitual offender who has had their license or right to operate restored and who commits an automobile law violation, as defined in section 1 of chapter 90C, the license or right to operate for a period up to life. The registrar may further issue to any habitual traffic offender who has satisfied the durational license revocation requirements provided for in this section a new license or reinstate such person’s right to operate under such terms and conditions as the registrar deems appropriate and necessary.  Nothing in this section shall limit the authority of the registrar to revoke a license or right to operate or issue a new license or reinstate the right to operate under section 24 of chapter 90.  An appeal to the superior court may be had, in accordance with the provisions of chapter 30A, from any order of the registrar of motor vehicles made under the provisions of this section.

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