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SENATE DOCKET, NO. 2074         FILED ON: 8/12/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2012

 

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

 

Bradley H. Jones, Jr.

20th Middlesex

Robert L. Hedlund

 

Michael R. Knapik

 

Richard J. Ross

Norfolk, Bristol, and Middlesex

George N. Peterson, Jr.

9th Worcester

Bradford Hill

4th Essex

Elizabeth A. Poirier

14th Bristol

Viriato Manuel deMacedo

1st Plymouth

Shaunna O'Connell

3rd Bristol

Paul Adams

17th Essex

F. Jay Barrows

1st Bristol

Matthew A. Beaton

11th Worcester

Nicholas A. Boldyga

3rd Hampden

Angelo L. D'Emilia

8th Plymouth

Geoff Diehl

7th Plymouth

Peter J. Durant

6th Worcester

Ryan C. Fattman

18th Worcester

Kimberly N. Ferguson

1st Worcester

Paul K. Frost

7th Worcester

Susan Williams Gifford

2nd Plymouth

Sheila C. Harrington

1st Middlesex

Steven S. Howitt

4th Bristol

Donald F. Humason, Jr.

4th Hampden

Randy Hunt

5th Barnstable

Kevin J. Kuros

8th Worcester

Steven L. Levy

4th Middlesex

James J. Lyons, Jr.

18th Essex

George T. Ross

2nd Bristol

Todd M. Smola

1st Hampden

Daniel K. Webster

6th Plymouth

Daniel B. Winslow

9th Norfolk

Donald H. Wong

9th Essex

Lori A. Ehrlich

8th Essex

John D. Keenan

7th Essex

Michael J. Rodrigues

 

James M. Cantwell

4th Plymouth

James J. Dwyer

30th Middlesex

Russell E. Holmes

6th Suffolk

Richard T. Moore

 

Marc R. Pacheco

 

Jennifer E. Benson

37th Middlesex

Peter V. Kocot

1st Hampshire

Ann-Margaret Ferrante

5th Essex

John F. Keenan

 


SENATE DOCKET, NO. 2074        FILED ON: 8/12/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2012

By Mr. Tarr, a petition (subject to Joint Rule 12) (accompanied by bill, Senate, No.         ) of Bruce E. Tarr, Bradley H. Jones, Jr., Robert L. Hedlund, Michael R. Knapik and other members of the General Court for legislation to promote motor vehicle safety.  The Judiciary.


The Commonwealth of Massachusetts
 

_______________

In the Year Two Thousand Eleven

_______________

 

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 2008 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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