Police officers can now compel bicyclists who commit traffic law violations to identify themselves and officers can cite bicyclists using regular CMVI citation books. This law, G.L. c. 85 ? 11E, was passed as part of a budget amendment in 2009, pursuant to ? 6, Chapter 65 of the Acts of 2009 and it became effective on January 1, 2011. ?The statute appears below:
A police officer who observes a traffic law violation committed by a bicyclist may request the offender to state his true name and address. Whoever, upon such request, refuses to state his name and address or whoever states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished by a fine of not less than $20 nor more than $50. An offender who refuses to state his true name and address may be arrested without a warrant for such refusal but no person shall be arrested without a warrant for any other traffic law violation committed while operating a bicycle. A police officer shall use the ticketing procedure described in chapter 90C to cite a bicyclist for a traffic law violation but the violation shall not affect the status of the bicyclist?s license to operate a motor vehicle nor shall it affect the bicyclist?s status in the safe driver insurance plan. When a citation is issued to a bicyclist, it shall be clearly indicated on the ticket that the violator is a bicyclist, and failure to do so shall be a defense to the violation.
The parent or guardian of a person under 18 years of age shall not authorize or knowingly permit that person to violate this section. A violation of this section by a person under 18 years of age shall not affect any civil right or liability nor shall the violation be a criminal offense. If the offender is under 16 years of age, the officer may give the notice to the parent or guardian of the offender.
All fines collected by a city or town pursuant to this section shall be used by the city or town for the development and implementation of bicycle safety programs.
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Massachusetts DUI and Suspended License Lawyer This entry was posted in General. Bookmark the permalink.Source: http://policelegal.com/2011/05/12/cmvi-citations-for-bicyclists/
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