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2 | 2 | | SENATE DOCKET, NO. 55 FILED ON: 1/10/2023 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 2294 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Bruce E. Tarr |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act promoting motor vehicle safety. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Bruce E. TarrFirst Essex and Middlesex 1 of 4 |
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16 | 16 | | SENATE DOCKET, NO. 55 FILED ON: 1/10/2023 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 2294 |
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18 | 18 | | By Mr. Tarr, a petition (accompanied by bill, Senate, No. 2294) of Bruce E. Tarr for legislation |
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19 | 19 | | to promote motor vehicle safety. Transportation. |
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20 | 20 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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21 | 21 | | SEE SENATE, NO. 2140 OF 2019-2020.] |
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22 | 22 | | The Commonwealth of Massachusetts |
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23 | 23 | | _______________ |
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24 | 24 | | In the One Hundred and Ninety-Third General Court |
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25 | 25 | | (2023-2024) |
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26 | 26 | | _______________ |
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27 | 27 | | An Act promoting motor vehicle safety. |
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28 | 28 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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29 | 29 | | of the same, as follows: |
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30 | 30 | | 1 SECTION 1. Section 22F of chapter 90 of the General Laws is hereby amended by |
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31 | 31 | | 2striking out, in line 57, the word “four” and inserting in place thereof the following word:- |
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32 | 32 | | 3“five”. |
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33 | 33 | | 4 SECTION 2. Section 22F of said chapter 90, as so appearing, is hereby further amended |
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34 | 34 | | 5by striking out, in lines 66-68, the following sentence:- |
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35 | 35 | | 6 “An appeal to the superior court may be had, in accordance with the provisions of chapter |
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36 | 36 | | 7thirty A, from any order of the registrar of motor vehicles made under the provisions of this |
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37 | 37 | | 8section.” |
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38 | 38 | | 9 SECTION 3. Section 22F of said chapter 90 is hereby further amended by inserting at the |
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39 | 39 | | 10end thereof the following paragraph:- 2 of 4 |
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40 | 40 | | 11 “Any person previously deemed an habitual offender under this section who has not had |
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41 | 41 | | 12their license or right to operate a motor vehicle restored to them by the registrar for a period of |
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42 | 42 | | 13more than 5 years and who is convicted of operating a motor vehicle while under the influence of |
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43 | 43 | | 14intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) of section |
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44 | 44 | | 1524; operating a motor vehicle recklessly or negligently so that the lives and safety of the public |
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45 | 45 | | 16might be endangered; making a false statement in an application for a learner’s permit or motor |
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46 | 46 | | 17vehicle operator’s license or in an application for a registration of a motor vehicle; going away |
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47 | 47 | | 18without making known his name, residence and the registration number of his vehicle after |
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48 | 48 | | 19knowingly colliding with or otherwise causing injury to any person, other vehicle or property, all |
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49 | 49 | | 20in violation of paragraph (a) of subdivision (2) of section 24; operating a motor vehicle after |
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50 | 50 | | 21suspension or revocation of the person’s motor vehicle operator’s license or his right to operate |
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51 | 51 | | 22motor vehicles in violation of section 23; operating a motor vehicle without a license in violation |
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52 | 52 | | 23of section 10; or the commission of any felony in the commission of which a motor vehicle is |
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53 | 53 | | 24used, shall be deemed a level 3 habitual traffic offender and the registrar shall immediately |
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54 | 54 | | 25revoke such person’s license or right to operate and shall not issue a new license or reinstate the |
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55 | 55 | | 26right to operate for a period up to life but not less than 5 years from the date of revocation, nor |
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56 | 56 | | 27until such person has satisfactorily completed a driver improvement course approved by the |
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57 | 57 | | 28registrar and has passed such examination as to his competence to operate motor vehicles as the |
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58 | 58 | | 29registrar may require. |
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59 | 59 | | 30 Any person previously deemed an habitual offender under this section who has not had |
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60 | 60 | | 31their license or right to operate a motor vehicle restored to them by the registrar for a period of |
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61 | 61 | | 32more than 5 years and who is convicted of 3 or more convictions of offenses which are required |
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62 | 62 | | 33by any provision of law to be reported to the registrar and for which the registrar is authorized or 3 of 4 |
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63 | 63 | | 34required to suspend or revoke the person’s license or right to operate motor vehicles for a period |
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64 | 64 | | 35of 30 days or more, shall be deemed a level 2 habitual offender and the registrar shall |
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65 | 65 | | 36immediately revoke such person’s license or right to operate and shall not issue a new license or |
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66 | 66 | | 37reinstate the right to operate to such person for a period of not less than 5 years from the date of |
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67 | 67 | | 38revocation nor more than 15 years from such date of revocation, nor until such person has |
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68 | 68 | | 39satisfactorily completed a driver improvement course approved by the registrar and has passed |
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69 | 69 | | 40such examination as to his competence to operate motor vehicles as the registrar may require. |
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70 | 70 | | 41Provided further, that any person previously deemed a level 2 habitual offender under this |
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71 | 71 | | 42section who has not had their license or right to operate a motor vehicle restored to them by the |
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72 | 72 | | 43registrar for a period of 5 years and is convicted of operating a motor vehicle while under the |
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73 | 73 | | 44influence of intoxicating liquor or narcotic drugs in violation of paragraph (a) of subdivision (1) |
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74 | 74 | | 45of section 24; operating a motor vehicle recklessly or negligently so that the lives and safety of |
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75 | 75 | | 46the public might be endangered; making a false statement in an application for a learner’s permit |
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76 | 76 | | 47or motor vehicle operator’s license or in an application for a registration of a motor vehicle; |
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77 | 77 | | 48going away without making known his name, residence and the registration number of his |
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78 | 78 | | 49vehicle after knowingly colliding with or otherwise causing injury to any person, other vehicle or |
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79 | 79 | | 50property, all in violation of paragraph (a) of subdivision (2) of section 24; operating a motor |
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80 | 80 | | 51vehicle after suspension or revocation of the person’s motor vehicle operator’s license or his |
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81 | 81 | | 52right to operate motor vehicles in violation of section 23; operating a motor vehicle without a |
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82 | 82 | | 53license in violation of section 10; or the commission of any felony in the commission of which a |
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83 | 83 | | 54motor vehicle is used; or 2 or more convictions of offenses which are required by any provision |
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84 | 84 | | 55of law to be reported to the registrar and for which the registrar is authorized or required to |
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85 | 85 | | 56suspend or revoke the person’s license or right to operate motor vehicles for a period of 30 days 4 of 4 |
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86 | 86 | | 57or more, shall be deemed a level 3 habitual offender and the registrar shall immediately revoke |
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87 | 87 | | 58such person’s license or right to operate and shall not issue a new license or reinstate the right to |
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88 | 88 | | 59operate for a period up to life but not less than 5 years from the date of revocation, nor until such |
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89 | 89 | | 60person has satisfactorily completed a driver improvement course approved by the registrar and |
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90 | 90 | | 61has passed such examination as to his competence to operate motor vehicles as the registrar may |
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91 | 91 | | 62require. The registrar may revoke from any level 3 habitual offender who has had their license or |
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92 | 92 | | 63right to operate restored and who commits an automobile law violation, as defined in section 1 of |
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93 | 93 | | 64chapter 90C, the license or right to operate for a period up to life. The registrar may further issue |
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94 | 94 | | 65to any habitual traffic offender who has satisfied the durational license revocation requirements |
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95 | 95 | | 66provided for in this section a new license or reinstate such person’s right to operate under such |
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96 | 96 | | 67terms and conditions as the registrar deems appropriate and necessary. Nothing in this section |
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97 | 97 | | 68shall limit the authority of the registrar to revoke a license or right to operate or issue a new |
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98 | 98 | | 69license or reinstate the right to operate under section 24 of chapter 90. An appeal to the superior |
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99 | 99 | | 70court may be had, in accordance with the provisions of chapter 30A, from any order of the |
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100 | 100 | | 71registrar of motor vehicles made under the provisions of this section.” |
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