Section 20: Penalties and punishments

1,595 words·~7 min read·/ma/part-i/title-xiv/chapter-90/20

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 20. A person convicted of a violation of any provision of this chapter the punishment for which is not otherwise provided, or of a violation of any rule or regulation of the registrar made under authority of section thirty-one, shall be punished by a fine of not more than thirty-five dollars for the first offense, not less than thirty-five nor more than seventy-five dollars for a second offense, and not less than seventy-five nor more than one hundred and fifty dollars for subsequent offenses committed during any twelve-month period; provided, however, that any person convicted of operating a motor vehicle without having been issued a license by the registrar shall be punished by a fine of not more than $500 for a first offense, by a fine of not less than $500 nor more than $1,000, for a second offense and by a fine of not less than $1,000 nor more than $2,000, for any subsequent offense; provided, however, that any person convicted of operating or permitting the operation of a school bus carrying passengers in excess of the number authorized under section seven B shall be punished by a fine of not more than one hundred dollars or by imprisonment for not more than thirty days, or both, and that any person convicted of violating any of the provisions of section sixteen shall be punished by a fine of not less than twenty nor more than one hundred dollars, and that any person convicted of operating a motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit in violation of section nineteen shall be punished by a fine of not more than one hundred dollars and that any person convicted of knowingly operating a motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit or any owner or bailee convicted of requiring or permitting the operation thereof in violation of section nineteen A or of the terms of any permit issued under sections thirty and thirty A of chapter eighty-five shall be punished by a fine of forty dollars for each one thousand pounds of weight or fraction thereof by which the gross weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit as operated exceeds either that permitted by said section nineteen A or by permit issued for such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit under sections thirty and thirty A of chapter eighty-five, whichever is greater; provided, further, that if the total of such excess weight is greater than ten thousand pounds, the fine shall be eighty dollars for each one thousand pounds or fraction thereof over said ten thousand pounds; and, provided further, that in a case of so-called irreducible loads, if the owner or bailee of the motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit, or his agent, servant or employee did not have reasonable means or opportunity to ascertain the weight of the load prior to applying for the permit, then the fine shall be ten dollars for each one thousand pounds of weight by which the gross weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit as operated exceeds either that permitted by said section nineteen A or section thirty A or the gross weight specified in such permit but in no event more than five hundred dollars.

Any person convicted of a violation of the provisions of section seventeen, or of a violation of a special regulation lawfully made under the authority of section eighteen shall be punished by a fine of not less than fifty dollars. Where said conviction is for operating a vehicle at a rate of speed exceeding ten miles per hour over the speed limit for the way upon which the person was operating, an additional fine of ten dollars for each mile per hour in excess of the ten miles per hour shall be assessed.

Any person convicted of a violation of the provisions of section seventeen while operating any motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit under a permit issued under sections thirty and thirty A of chapter eighty-five and while the weight of such motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit exceeds the limits provided in section nineteen A, exclusive of the additional limits provided in such permit, shall be punished by a fine of not more than one hundred dollars for the first offense, not less than one hundred nor more than one hundred and fifty dollars for a second offense committed in any twelve-month period, and not less than one hundred and fifty nor more than three hundred dollars for subsequent offenses committed in any twelve-month period, and complaints of such violations, notwithstanding the subsequent provisions of this section shall not be placed on file by the court.

There shall be a surcharge of $50 on a fine assessed against a person convicted or found responsible of a violation of section 17 or a violation of a special regulation lawfully made under the authority of section 18. The first $50.00 of each surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Head Injury Treatment Services Trust Fund. The remaining amount shall be transferred by the registrar to the state treasurer for deposit in the General Fund.

Upon a third or subsequent conviction in the same twelve month period of a violation of section sixteen or section seventeen or of a regulation made under section eighteen said violation having occurred in the same year, the registrar shall forthwith revoke the license of the person convicted, and no new license shall be issued to such person for at least thirty days after the date of such revocation, nor thereafter except in the discretion of the registrar; provided, however that a holder of a learner's permit who is convicted of a violation under section 17 or section 17A, or under a special regulation under section 18, shall, in addition to any other penalty, fine, suspension, revocation or requirement that may be imposed for such violation, have his learner's permit suspended for 90 days for a first offense and for 1 year for a subsequent offense and the person shall be required to reapply for his learner's permit before he may be issued a license to operate a motor vehicle pursuant to section 8; and provided further, that a holder of a junior operator's license who is convicted of a violation under section 17 or section 17A, or under a special regulation under section 18 shall, in addition to any other penalty, fine, suspension, revocation or requirement that may be imposed for such violation, have such license suspended for 90 days for a first offense and 1 year for a subsequent offense and the junior operator shall also be required to complete the state courts against road rage program sponsored by the trial court and the department of the state police.

The registrar shall impose a $500 reinstatement fee upon a junior operator who seeks to have his license reinstated following a suspension under this paragraph. A junior operator whose license is suspended pursuant to this paragraph shall not be eligible for license reinstatement until he also completes a program selected by the registrar that encourages attitudinal changes in young drivers who have committed a violation of the motor vehicle laws and until he successfully completes a driving test as required by the registrar.

In addition to any reinstatement fee, there shall be a surcharge of $50 assessed against a person who seeks to have the person's license reinstated following a revocation or suspension under this paragraph. The surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Thomas P. Kennedy Spinal Cord Injury Trust Fund established pursuant to section 59A of chapter 10.

Any person who operates and any person who owns or permits to be operated a motor vehicle or trailer that fails to meet the safety standards established by the registrar pursuant to section 7A shall be punished by a fine of $25. Any person who owns and fails to have inspected a motor vehicle owned by him, as required pursuant to section 7A or 7V of this chapter or sections 142J and 142M of chapter 111 or any person who operates or permits a motor vehicle owned by him to be operated without a certificate of inspection or a certificate of rejection displayed in accordance with the provisions of said section 7A or 7V or said sections 142J or 142M and the rules and regulations promulgated thereunder shall be punished by a fine of $50.

Any motor vehicle which is required to be inspected pursuant to the provisions of said section 7A and said section 142J or 142M and fails to meet the requirements of such inspection and has not been issued a certificate of waiver under the provisions of clause

(b)of the first paragraph of said section 7V or said section 142M shall be subject to suspension or revocation of the certificate of registration as may be prescribed by the registrar under section 22.

There shall be a surcharge of $5 on a fine assessed against a person convicted of or found responsible for a motor vehicle violation pursuant to this chapter or a violation of a special regulation lawfully made under the authority of this chapter. The surcharge shall be transferred by the registrar of motor vehicles to the state treasurer for deposit into the Public Safety Training Fund established in section 2JJJJ of chapter 29.