CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT MOTOR VEHICLES

Chapter 90: Section 31/2. Commonwealth residency factors; access to information in nonpublic records; certification of facts; motor vehicle registration misrepresentations; penalties and fines

Section 31/2. (a) Any person claiming to be a nonresident for purposes of section 3, shall be deemed to be a resident of the commonwealth during any period in which such person:

(1) obtained an exemption pursuant to clause Seventeenth, Seventeenth C, Seventeenth C 1/2, Seventeenth D, Eighteenth, Twenty-second, Twenty-second A, Twenty-second B, Twenty-second C, Twenty-second D, Twenty-second E, Thirty-seventh, Thirty-seventh A, Forty-first, Forty-first A, Forty-first B, Forty-first C, Forty-second or Forty-third of section 5 of chapter 59;

(2) obtained an exemption pursuant to section 5C of said chapter 59;

(3) filed a Massachusetts resident income tax return pursuant to chapter 62;

(4) obtained a rental deduction pursuant to subparagraph (9) of paragraph (a) of Part B of section 3 of chapter 62;

(5) declared in a home mortgage settlement document that the mortgaged property located in the commonwealth would be occupied as his principal residence;

(6) obtained homeowner's liability insurance coverage on property that was declared to be occupied as a principal residence;

(7) filed a certificate of residency and identified his place of residence in a city or town in the commonwealth in order to comply with a residency ordinance as a prerequisite for employment with a governmental entity;

(8) paid on his own behalf, or on behalf of a child or dependent for whom the person has custody, resident in-state tuition rates to attend a state-sponsored college, community college or university;

(9) applied for and received public assistance from the commonwealth for himself or his child or dependent of whom he has custody;

(10) has a child or dependent of whom he has custody who is enrolled in a public school in a city or town in the commonwealth, unless the cost of such education is paid for by him, such child or dependent, or by another education jurisdiction;

(11) is registered to vote in the commonwealth;

(12) obtained any benefit, exemption, deduction, entitlement, license, permit or privilege by claiming principal residence in the commonwealth; or

(13) is a resident under any other written criteria under which the commissioner of revenue may determine residency in the commonwealth.

(b) Notwithstanding any general or special law to the contrary, the custodian of any records referred to in subsection (a) that are not accessible to the general public shall provide, upon request, to the registrar of motor vehicles, the commissioner of revenue, the local board of assessors, or a local or state police officer, access to certain information contained therein solely for purposes of enforcing chapters 59, 60A, 64H, 64I and 90. The disclosure of information contained in such records referred to in paragraphs (3) and (4) of subsection (a) shall be made by the commissioner of revenue pursuant to this section and shall be limited to: the taxpayer's name; the taxpayer's primary place of residence or domicile; the type of return filed; the taxpayer identification number; the determination of whether the taxpayer took the rental deduction on his income tax return; and an explanation of the factors that indicated said taxpayer's residency within the commonwealth.

If records maintained by a custodian indicate that a person is deemed to be a resident under subsection (a), the custodian may certify in writing as to the facts contained in those records and the certification shall be prima facie evidence of the person's residency within the commonwealth in any proceeding involving enforcement of said chapters 59, 60A, 64H, 64I and 90, including any proceedings under subsection (c).

(c) Any person who improperly registers a motor vehicle or trailer in another state or misrepresents the place of garaging of the motor vehicle or trailer within the commonwealth, for purposes of evading the payment of motor vehicle excise, sales and use taxes or insurance premiums, or to reduce the amount of such payment, shall be punishable by a fine of not less than $200 nor more than $1,000 for each offense. For purposes of this section, each taxable year that a motor vehicle or trailer is improperly registered shall be considered a separate offense, but no more than 3 years shall be the subject of prosecution. The fines imposed pursuant to this section shall be divided as follows: 75 per cent of the fines shall be paid over to the treasury of the city or town in whose jurisdiction the motor vehicle is customarily garaged; and 25 per cent of the fines shall be paid over to the treasurer of the commonwealth to be deposited in the highway fund to offset costs associated with the implementation of this section. The Massachusetts Collectors and Treasurers Association, in conjunction with the treasurer of the commonwealth, shall report quarterly to the house and senate committee on ways and means the total amount of fines imposed and collected pursuant to this section.

As an alternative to criminal prosecution, violation of this section may be disposed of as a civil motor vehicle infraction in the amount of $500 under chapter 90C, fines recovered under this paragraph shall be divided as follows: 50 per cent of the fines shall be paid over to the treasury of the city or town in whose jurisdiction the motor vehicle is customarily garaged, of which not less than 40 per cent of the city or town share shall be appropriated to the police department in the city or town; and 50 per cent of the fines shall be paid over to the treasurer of the commonwealth to be deposited in the Highway Fund to offset costs associated with the implementation of this section.

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT

Chapter 90: Section 20A½. Cities of Boston and Cambridge; parking violations; tags; appearance; failure to appear; adjudication by mail

Section 20A½. In the cities of Boston and Cambridge and in any city or town which accepts the provisions of this section, each manager in a city having a Plan D or E form of charter or the mayor, with the approval of the city council or board of aldermen in any other city, or the town council or board of selectmen of a town shall designate or appoint a parking clerk. The parking clerk shall report to the council or aldermen of a city, the council or board of selectmen of a town and shall supervise and coordinate the processing of parking notices in such city or town. The parking clerk shall have the authority, after such authorization by the mayor and city council in a city or town council or selectmen in a town, to hire and designate such personnel as may be necessary or contract by competitive bid for such services, subject to appropriation, to implement the provisions of this section; provided, however, that such positions shall be filled in the city of Boston and Cambridge by granting preference to persons who had been employees of said cities in the fire, police or traffic crossing guard service, and all such positions in said city of Boston and Cambridge shall be subject to chapter thirty-one, and in no case in the city of Boston and Cambridge shall the amount expended for administration of this section exceed eleven per cent of the total amount of the annual receipts collected by the parking clerk.

It shall be the duty of every police officer who takes cognizance of a violation of any provision of any rule, regulation, order, ordinance or by-law regulating the parking of motor vehicles established for their respective city or town, forthwith to give the offender a notice, which shall be in tag form as provided in this section, to appear before the parking clerk of the city or town wherein the violation occurred at any time during regular office hours, not later than twenty-one days after the date of such violation. All tags shall be prepared in triplicate and shall be prenumbered.

Said tag shall be affixed securely to the motor vehicle and shall contain, but shall not be limited to, the following information: the make, color and registration number of the vehicle involved and the state of issuance of said registration number, the date, time and place of the violation, the specific violation charged and, if a meter violation, the number of said meter, the name and badge number of the officer and his division, a schedule of established fines, instructions for the return of the tag and a notice which reads: This notice may be returned by mail, personally or by an authorized person. A hearing may be obtained upon the written request of the registered owner. Failure to obey this notice within twenty-one days after the date of violation may result in the non-renewal of the license to drive and the registration of the registered owner.

At or before the completion of each tour of duty, the officer shall give to his commanding officer those copies of each notice of such violation taken cognizance of during such tour. Said commanding officer shall retain and safely preserve one of such copies and shall at a time no later than the beginning of the next business day of the city or town after receipt of such notice deliver another of such copies to the parking clerk before whom the offender has been notified to appear. The parking clerk shall maintain a docket of all such notices to appear.

Any person notified to appear before the parking clerk, as provided herein, may appear before such parking clerk, or his designee, and confess the offense charged, either personally or through an agent duly authorized in writing or by mailing to such parking clerk the notice accompanied by the fine provided therein, such payment to be made only by postal note, money order or check made out to the parking clerk. Payment of the fine established shall operate as a final disposition of the case. Notice affixed to a motor vehicle as provided in this section, shall be deemed a sufficient notice, and a certificate of the officer affixing such notice that it has been affixed thereto, in accordance with this section, shall be deemed prima facie evidence thereof and shall be admissible in any judicial or administrative proceeding as to the facts contained therein.

[ Sixth paragraph effective until April 7, 2009. For text effective April 7, 2009, see below.]

The traffic and parking commission of the city of Boston, the traffic commission or traffic director of any other city or town having such a commission or director with authority to promulgate traffic rules, the city council of any other city, and the board of selectmen of any other town, shall, from time to time, establish by rule or regulation a schedule of fines for violations subject to this section committed within such city or town; provided, however, that all such fines shall be uniform for the same offense committed in the same zone or district, if any; and provided, further, that the fine for the violation of the parking of motor vehicles within ten feet of a fire hydrant shall not be more than one hundred dollars, and provided, further, that any fine established under the provisions of this section for all other parking violations shall not exceed $50, if paid within 21 days, nor shall it exceed $55, if paid thereafter, but before the parking clerk reports to the registrar, as provided below and shall not exceed $75 if paid thereafter.

[ Sixth paragraph as amended by 2008, 465, Sec. 2 effective April 7, 2009. For text effective until April 7, 2009, see above.]

The traffic and parking commission of the city of Boston, the traffic commission or traffic director of any other city or town having such a commission or director with authority to promulgate traffic rules, the city council of any other city, and the board of selectmen of any other town, shall, from time to time, establish by rule or regulation a schedule of fines for violations subject to this section committed within such city or town; provided, however, that all such fines shall be uniform for the same offense committed in the same zone or district, if any; and provided, further, that the fine for the violation of the parking of motor vehicles within ten feet of a fire hydrant shall not be more than one hundred dollars, and provided, further, that the fine for the violation of parking a motor vehicle within a posted bus stop shall be $100; and provided further, that any fine established under the provisions of this section for all other parking violations shall not exceed $50, if paid within 21 days, nor shall it exceed $55, if paid thereafter, but before the parking clerk reports to the registrar, as provided below and shall not exceed $75 if paid thereafter.

Should any person notified to appear hereunder fail to appear and, if a fine is provided hereunder, to pay the same, or having appeared desire not to avail himself of the benefits of the procedure established by this section, the parking clerk shall forthwith schedule the matter before a person hereafter referred to as a hearing officer, said hearing officer to be the parking clerk of the city or town wherein the violation occurred or such other person or persons as the parking clerk may designate. Written notice of the date, time and place of said hearing shall be sent by first-class mail to the registered owner. Said hearing shall be informal, the rules of evidence shall not apply and the decision of the hearing officer shall be final subject to judicial review as provided by section fourteen of chapter thirty A.

If any person fails to appear in accordance with said notice, the parking clerk shall notify the registrar of motor vehicles who shall place the matter on record and, upon receipt of two or more such notices, shall not renew the license to operate a motor vehicle of the registered owner of the vehicle or the registration of said vehicle until after notice from the parking clerk that all such matters have been disposed of in accordance with law. Upon such notification to the registrar, an additional twenty dollar charge, payable to the registrar of motor vehicles, shall be assessed against the registered owner of said vehicle. It shall be the duty of the parking clerk to notify the registrar forthwith that such case has been so disposed of in accordance with law, provided however, that a certified receipt of full and final payment from the parking clerk of the city or town in which the violation occurred shall also serve as legal notice to the registrar that said violation has been disposed of. The notice to appear provided herein shall be printed in such form as the registrar of motor vehicles may approve. The parking clerk shall distribute such notices to the commanding officer of the police department of the city or town upon request, and shall take a receipt therefor. The registrar shall approve such other forms as he deems appropriate to implement this section, and said forms shall be printed and used by the cities and towns.

If any person shall have failed to appear in accordance with five or more said notices, notwithstanding any notification to the registrar, the parking clerk may notify the chief of police or director of traffic and parking of said city or town that the vehicle involved in said multiple violations shall be removed and stored, or otherwise immobilized by a mechanical device, at the expense of the registered owner of said vehicle until such time as the matter has been disposed of in accordance with law.

As used in this section, the words "motor vehicle'' shall, so far as apt, include trailer, semi-trailer and semi-trailer unit.

The provisions of this section shall apply to violations of rules and regulations relative to the use of parking areas subject to the control of the county commissioners adjacent to or abutting county buildings, and county commissioners are hereby authorized to make such rules and regulations. Said provisions shall also apply to violations of rules and regulations relative to the parking of motor vehicles established by any commission or body empowered to make such rules and regulations.

Any person notified to appear before the parking clerk, as provided herein, may without waiving his right to a hearing before the parking clerk or hearing officer as provided by this section, and also without waiving judicial review as provided by section fourteen of chapter thirty A, may challenge the validity of the parking violation notice and receive a review and disposition of the violation from the parking clerk or a hearing officer by mail. The alleged parking violator may, upon receipt of the notice to appear, send a signed statement explaining his objections to the violation notice as well as signed statements from witnesses, police officers, government officials and any other relevant parties. Photographs, diagrams, maps and other documents may also be sent with the statements. Any such statements or materials sent to the parking clerk for review shall have attached the persons' name and address as well as the ticket number and the date of the violation. The parking clerk or hearing officer shall, within twenty-one days of receipt of said material, review the material and dismiss or uphold the violation and notify, by mail, the alleged violator of the disposition of the hearing. If the outcome of the hearing is against the alleged violator, the parking clerk or hearing officer shall explain the reasons for the outcome on the notice. Such review and disposition handled by mail shall be informal, the rules of evidence shall not apply, and the decision of the parking clerk shall be final subject to any hearing provisions provided by this section or to judicial review as provided by section fourteen of chapter thirty A. Each parking violation issued shall carry a statement explaining the procedure to adjudicate the violation by mail.

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT MOTOR VEHICLES

Chapter 90: Section 20C. Nature of proceedings under Secs. 20A and 20A1/2; fines

Section 20C. Proceedings under sections twenty A or twenty A1/2 of this chapter shall not be deemed criminal. Whenever there are outstanding against the registered owner of a motor vehicle more than five unpaid parking violations issued by a city or town, said owner or city or town may apply to the clerk of the division of the district or municipal court having jurisdiction to have the matter of these alleged violations treated criminally, and the district or municipal court shall take jurisdiction of the matter. The matter shall thereafter be deemed criminal and the procedures established for criminal cases be followed, provided, however, that the provisions of the second and third paragraphs of section thirty-five A of chapter two hundred and eighteen shall not apply to such cases. Any such fine imposed by the court shall not exceed double the maximum fine provided for in any city or town. Said fine imposed by the court shall be paid back to the said cities or towns where the violation occurred.

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT MOTOR VEHICLES

Chapter 90: Section 20D. Tampering or destruction of parking tags; penalty

Section 20D. Whoever unlawfully tampers with or removes from a motor vehicle, or unlawfully changes, mutilates or destroys any notice affixed to such motor vehicle in accordance with section twenty A or twenty A1/2 shall be punished by a fine of not more than fifty dollars, or by imprisonment in jail for not more than one month, or by both such fine and imprisonment.

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT MOTOR VEHICLES

Chapter 90: Section 20E. Liability of lessors of motor vehicles for parking violations

Section 20E. Notwithstanding the provisions of sections twenty A, twenty A1/2, or any other general or special law to the contrary concerning parking laws, if the registered owner of a motor vehicle involved in a parking violation is a person or entity engaged in the taxicab business or the business of leasing or renting motor vehicles, and such motor vehicle is under lease or rent or being operated for hire at the time of such violation, the provisions of this section shall be applicable, and the registered owner shall not be liable for any unpaid fines; provided, however, that such owner has complied with the procedures hereinafter set forth:

(a) The parking clerk shall give to the registered owner notice in writing of each violation in which a motor vehicle owned by such owner is involved, including the registration number of the vehicle, the state of issuance of such registration of the vehicle involved and the date, time and place of the violation.

(b) Within 45 days, the registered owner shall furnish to such parking clerk in writing the name and address of the lessee or rentee of such motor vehicle at the time of such violation; and if the lessee or rentee is also the operator, the lessee's or rentee's driver's license number, state of issuance of such driver's license and the lessee's or rentee's date of birth.

(c) The parking clerk shall thereupon issue a notice of violation to such lessee or rentee in the form prescribed by section twenty A or twenty A1/2.

(d) If such lessee or rentee does not appear in person or by writing as otherwise provided in section twenty A, twenty A1/2, or any other general or special law concerning parking violations, or make payment within twenty-one days from the date on which such notice is issued, the parking clerk shall notify the registrar as provided by the provisions of section twenty A, twenty A1/2, or any other general or special law concerning parking violations, and the clerk of the division of the district court department or Boston municipal court department of the trial court having jurisdiction. Upon notification by the parking clerk, the registrar shall suspend and shall not renew the license to operate a motor vehicle of such lessee or rentee or suspend the right to operate of a lessee or rentee not licensed in this commonwealth; and the clerk of the district court of the trial court having jurisdiction shall forthwith issue a criminal complaint against the lessee or rentee and thereafter proceed against such lessee or rentee following the procedures established for criminal cases. The registrar shall remove any suspension and nonrenewal of license or right to operate made under the provisions of this section upon the payment in full to the parking clerk of the fine and penalty for such violation by the lessee or rentee.

(e) The provisions of section twenty A, section twenty A1/2, or any other general or special law concerning parking violations, shall be applicable to lessees and rentees of motor vehicles as provided herein.

(f) Any registered owner and parking clerk may, by agreement upon such terms and conditions as they may deem appropriate, provide for the transmission of the information referred to in subsections (a) and (b), on magnetic tape or in other computer readable format, in order to expedite completion of the foregoing provisions.

(g) The written notice referred to in subsection (a) shall be sent to the registered owner no later than two years after the date that such violation occurred; provided, however, that if such notice is sent within such two year period the parking clerk may proceed against the lessee or rentee, as provided herein, at any time after the sending of such notice.

CHAPTER 90. MOTOR VEHICLES AND AIRCRAFT AIRCRAFT

Chapter 90: Section 49. Registration of federal certificates; fees; exceptions

Section 49. Each resident airman, and owner and operator, or owner or operator, of all aircraft and dealer in aircraft shall register the federal certificate of said airman, aircraft or dealer in aircraft in such manner as the commission may by regulation prescribe.

(a) Subject to the limitations of paragraphs (c) and (e), every person who pilots an aircraft within the commonwealth shall register his federal airman's certificate with the commission and shall renew such registration annually thereafter for those years in which he pilots an aircraft within the commonwealth. The commission may charge for each such registration and for each renewal thereof, a fee, the amount of which shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven.

(b) Subject to the limitations of paragraphs (c) and (e), every person who operates an aircraft shall register the federal aircraft certificate of said aircraft with the commission during each period in which the aircraft is operated within the commonwealth. Every person who is a dealer in aircraft shall register his federal dealer's aircraft registration certificate with the commission. The commission may charge fees for each such registration and for each renewal thereof. Further, the commission may charge for the registration of each federal dealers aircraft registration certificate and for each aircraft in his possession operated solely for the purpose of sale or demonstration. The amounts of said fees and charges shall be determined annually by the commissioner of administration under the provision of section three B of chapter seven. Such fees shall be in lieu of all personal property taxes on aircraft authorized by any law, ordinance or by-law. Registration certificates issued after expiration of the first six months of the annual registration period, as prescribed by the commission, shall be issued upon payment of fifty percent of the annual fee.

(c) Possession of the appropriate effective federal certificate, permit, rating or license relating to competency of the pilot or ownership and airworthiness of the aircraft, as the case may be, and the payment of the appropriate fee as set forth in this section, shall be the only requisites for registration of a pilot, an aircraft, or a dealer in aircraft.

(d) Aircraft registration fees shall be reimbursed to persons who surrender their certificates before the date of expiration in accordance with the following schedule:-

Before the first six months of the period, seventy-five per cent of said fee;

Before the first twelve months of the period, fifty per cent;

Before the first eighteen months of the period, twenty-five per cent.

(e) The provisions of this section shall not apply to:

(1) an aircraft owned by, and used exclusively in the service of, any government, including the government of the United States or of any state thereof, or political subdivision thereof, which is not engaged in carrying persons or property for commercial purposes;

(2) an aircraft registered under the laws of a foreign country;

(3) an aircraft owned by a non-resident and based in another state;

(4) an aircraft engaged principally in federally certificated scheduled airline operation having a certificate of public convenience and necessity issued by the Civil Aeronautics Board of the United States or its successor;

(5) a person piloting an aircraft engaged principally in federally certificated scheduled airline operation;

(6) a person piloting an aircraft owned by, and used exclusively in the service of, any government, including the government of the United States or of any state thereof, or political subdivision thereof, which is not engaged in carrying persons or property for commercial purposes;

(7) a person piloting an aircraft registered under the laws of a foreign country;

(8) a non-resident piloting aircraft within the commonwealth;

(9) a person operating model aircraft;

(10) a person piloting an aircraft equipped with fully functioning dual controls when a properly certificated pilot is in full charge of one set of said controls and such flight is solely for instruction or for the demonstration of said aircraft to a bona fide prospective purchaser.