Winchester PD

Motorized Bike/Scooter Law

On November 18th, 2004, Lieut. Gov. Kerry Healy signed into law a bill restricting the use of motorized scooters. This will take effect immediately.

The definition of a motorized bike/scooter is: "any two wheeled device that has handlebars, designed to be stood or sat upon by the operator, powered by an electric or 'gas powered' motor that is capable of propelling the device with or without human propulsion."

A motorized bike/scooter shall not:

A.	Be operated upon any way, by any person under sixteen years of age.
B.	Be operated by any person who has not obtained a valid driver's license or learner's permit.
C.	Be Operated at a speed in excess of 25 MPH.
D.	Be Operated with a passenger.
E.	Be operated during hours of darkness. (before sunrise or after sunset)
F.	Be operated on off-street recreational bike paths.
G.	Be operated without protective headgear that meet the minimum standards the registrar might prescribe.

Operators of motorized bikes/scooters shall:

A.	Be subject to traffic laws and regulations.
B.	Have the right to use all public ways, except for limited access or express highways.

A violation of this section shall be punished by a fine of:

A.	First offense - not more than $25.00
B.	Second offense - not less than $25.00 not more than $50.00
C.	Third offense - not less than $50.00 not more than $100.00

Massachusetts Child Passenger Safety Law

Infants and small children must ride in car seat until:
1) They are at least 5 years old

AND
2) They weigh over 40 pounds.

- The types of car seats permitted include federally approved infant, toddler, convertible and booster seats.
- Children who weigh more than 40 pounds but are under 5 years old must ride in a booster seat.

Children who are 5 years of age or older, and also weigh more than 40 pounds, must wear a seat belt that is properly adjusted. (M.G.L Chapter 90 Section 7AA; Chapter 90 Section 13 A)

- Federally approved booster seats are permitted and recommended for children who weigh between 40 and 60 pounds.
- Children using the vehicle seat belt only should not place shoulder belt under the arm or behind the back.

This law applies to children riding in:
- all types of privately owned vehicles.
- vehicles for hire, including taxi cabs. It is the responsibility of the child’s parent or care giver to provide the car seat to use in a taxi cab.

This law does not apply to:
- children riding in school busses.
- children riding in a vehicle made before July 1, 1966 that does not have safety belts.
- children physically unable to use either a conventional car seat or a child restraint specifically designed for children with special needs. Inability to use a child restraint of either type must be certified in writing by a physician.

THE SAFEST PLACE FOR CHILDREN IS IN THE BACK SEAT!

Fine:
The driver will be fined $25 for each unrestrained child. Exception: If a child rides unrestrained in a taxi cab, the child’s care giver will be fined, not the taxi driver.

NOTE: This is a primary enforcement law. A police officer may stop your car if one or more children are riding unrestrained. No other reason is needed.

For more information contact: Injury Prevention and Control Program, Mass. Department of Public Health, 250 Washington Street, 4th Floor, Boston, MA 02108.
Or call toll free: 1-800-227-SAFE.

Junior Operator’s License

A. Applicant for Junior Operator’s License must have:

1. Held a Learner’s permit for at least 6 months, with 6 months free of any at-fault accidents, moving violations or drug or alcohol convictions or Continued Without a Finding (CWOF) immediately preceding application;

2. attained the age of 16 1/2 years;

3. completed driver’s education and clocked 12 hours of supervised driving to be certified by parent/guardian;

4. completed driving test and written exam as required by Registrar;

5. had parent/guardian co-sign application.

B. Restricted hours of operation:
Junior Licensee must be accompanied by parent/guardian between the hours of
12:00 AM and 5:00 AM, however, unsupervised driving between 12:00 AM & 1:00 AM and between 4:00AM & 5:00 AM shall be enforced only as a secondary offense.

C. Passenger restriction: for first 6 months of licensure: no passenger under 18, other than immediate family member, unless there is a passenger over age 21 in the front seat. Violation for which results in suspension as follows:
a. 1st Offense: 30 Days
b. 2nd Offense: 60 Days
c. 3rd Offense: 90 Days

D. Suspensions for general moving violations: Junior License will be suspended as follows. but shall not be imposed in lieu of any other suspensions or penalties that may be imposed by law:

1) O.U.I; Driving to Endanger; Driving with open alcohol container:
a. 1st Offense: 180 Days (in addition to Drunk Driving School, or 1 year)
b. 2nd+ Offense: 1 Year

2) Speeding:
a. 1st Offense: ..... ($ violation calculated per G.L., c. 90 s. 20)
b. 2nd Offense: 180 Days (same as above)
c. 3rd+ Offense: 1 Years (same as above)

E. Suspensions to be served in full.
Applicant for full license must wait until full term of suspension imposed while operating under Junior License is served.

F. Learner’s Permit: require 21 year old passenger/supervisor.
Person operating under Learner’s Permit must be accompanied/supervised by licensee who is at least 21 years of age.

Emergency - police, fire, ambulance: 911 or 729-1212
Business: 729-1213 or 729-1214 Fax: 721-5613
Chief's Office: 729-5429 Fax: 721-4621
Email: policedep@winchester.us

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Last Updated 03/14/07 @ 10:48 AM

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