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Massachusetts Law About Traffic Violations

Massachusetts Laws

Massachusetts Regulations

211 CMR 74 Standards of Fault

211 CMR 134 Safe Driver Insurance Plan Lists minor and major traffic accidents and offenses which subject the violator to "points" on their auto insurance.

540 CMR Registry of Motor Vehicles

700 CMR 7.04 Electronic Toll Collection

Federal Regulations

76 FR 75470 Restricting the Use of Cellular Phones by Commercial Motor Vehicle Drivers, as corrected by 76 FR 82179. Restricts the use of
hand-held mobile telephones by drivers of commercial motor vehicles (CMVs)

Selected Case Law

Gillespie v. City of Northampton, 460 Mass. 148 (2011). "[T]he imposition of $275 in filing fees to obtain judicial review of a final decision of a municipal parking clerk regarding a parking citation [does not offend] the Massachusetts Constitution."

Police Department of Salem v. Sullivan, 460 Mass. 637 (2011). Court OKs substantial filing fees to contest civil motor vehicle citations. In footnote 7, the court states, "the requirement in St.2009, c. 27, § 74, of a fifty dollar fee to appeal the clerk-magistrate's finding is in conflict with rule VII(b)(3) of the Trial Court Rules, the Uniform Rule on Civil Motor Vehicle Infractions (LexisNexis 2010–2011), which states that '[t]here shall be no filing fee' for an appeal to a judge from the finding and disposition of a clerk-magistrate. We recognize that, where a court rule is in irreconcilable conflict with a statute, 'the statute supersedes the rule.'"

Court Rules

Uniform Rules on Civil Motor Vehicle Infractions

Other Web Sources

AAA Digest of Motor Laws. An "online compendium of laws and rules related to driving and owning a motor vehicle in the United States and Canada." Select a topic such as accident reporting, move over law, seatbelts and more, and get easy access to the laws of all 50 states.

Beat Your Ticket: Go to Court & Win, Nolo, 2013. Includes discussion on speed detectors, presenting your case, traffic rules for all 50 states and more. Requires Library Card for access.

Cell Phone and Texting Laws, Governors Highway Safety Association, 2011. Outlines all state cell phone and text messaging laws.

Civil Motor Vehicle Infractions: Frequently Asked Questions, Mass. District Court. Covers nineteen issues concerning what may happen after you receive a traffic ticket.

How to Win Your Case in Traffic Court Without a Lawyer, Atlantic Publishing, 2009. While not specific to Massachusetts, provides helpful information on how to prepare to go to court to contest a ticket. Requires Library Card for access.

Information About US State Highway Safety Laws, Insurance Institute for Highway Safety. Details selected motor vehicle laws by state, including cell phone laws, licensing systems for young drivers, helmet laws and more.

Mandatory License Suspensions, Mass. Registry of Motor Vehicles.

Manual on Uniform Traffic Control Devices (MUTCD), Federal Highway Administration, 2009 edition. MUTCD defines the standards used nationwide to install and maintain the signs, signals, and pavement markings on all streets and highways. See also:Massachusetts Amendments to the 2009 MUTCD (2012).

Massachusetts Driver's Manual, Mass. Registry of Motor Vehicles. An online version of the booklet you get along with your Learner's Permit, this site includes all the key information needed to drive legally in Massachusetts. Chapters include: obtaining your license, keeping your license, rules of the road and more.

Pay a Citation Online, Mass. Registry of Motor Vehicles.

Safe Driver Insurance Plan, Mass. Division of Insurance. "How SDIP Works, Appealing Surcharges, Hearing Locations and More."

Table of Citable Motor Vehicle Offenses, effective October 23, 2013. Lists the fines for motor vehicle infractions, and indicates offenses which carry criminal penalties.

Vehicular Crimes, Mass. District Attorneys Association.

Selected Print Sources

Massachusetts Motor Vehicle Offenses: Criminal, Civil, and Registry Practice, MCLE, loose-leaf.

Massachusetts Motor Vehicle Stops Benchbook, Flaschner Judicial Institute, 2010.