MA Speed laws figured out. Chapt 90 Section 18 vs Sect 17

[Suf Daddy]

UPDATED info below February 2008 read next post

"Information on Speed Limit Regulations

Posted speed limits are established through the issuance of special speed regulations. On state highways, the Massachusetts Highway Department (MassHighway) is responsible for conducting an engineering study to establish a speed regulation, which is then jointly signed by both MassHighway and the Registry of Motor Vehicles according to Chapter 90, Section 18 of the Massachusetts General Laws (MGL).

On municipal roadways, the municipality, usually in conjunction with MassHighway, collects data relative to establishing a speed limit.

The Traffic Engineering section reviews this data and a speed regulation is then drafted by MassHighway and returned to the municipality for approval. After the city or town approves the speed regulation, it is then returned to MassHighway and jointly signed by the Registry of Motor Vehicles and MassHighway. (MGL Ch. 90, S. 18 [eighteen])

However, Chapter 90, Section 17 of the MGL dictates statutory speed limits in the absence of official speed postings under 90-18. In other words, if a speed limit has not been established under 90-18 (which requires the posting of speed limits according to a Special Speed Regulation which is the result of an engineering study)

the roadway can be enforced according to 90-17 (no speed signs posted),
which is :
20 mph in a school zone,
30 mph in a thickly settled or business district for a distance of 1/8 of a mile,
40 mph on an undivided highway outside of a thickly settled or business district for a distance of 1/4 of a mile, and
50 mph on a divided highway outside of a thickly settled or business district for a distance of 1/4 of a mile. "

So if you get a Chapt 90 section 17 ticket. MAKE SURE you "broke" the law for the distance required.

IF you get a ticket on the MASS PIKE:
They have absolute speed limits which are 730 CMR and are found at other link source:

http://www.mass.gov/courts/courtsand...ntschedule.pdf

730CMR708/PP MASS PIKE—SPEEDING
* 730 CMR §7.08(6)(a) $50

730CMR708/QQ MASS PIKE—SPEEDING IN CONSTRUCTION ZONE
* 730 CMR §7.08(12)(a) $100

730CMR708/RR MASS PIKE—SPEEDING OVER POSTED LIMIT
* 730 CMR §7.08(6)(c) $50, plus $10 for each M.P.H. in
excess of 10 M.P.H. ver speed limit, to a maximum of $500

730CMR708/SS MASS PIKE—SPEEDING TO ENDANGER
* 730 CMR §7.08(6)(b) $50

IN TUNNEL: $500

Research and sources for other items:
http://www.mhd.state.ma.us/default.a...dReg&sid=about
Massachusetts General Laws (MGL).
http://www.mass.gov/legis/laws/mgl/mgllink.htm

[Suf Daddy]

Make me a sticky ADMINS

More clues:

http://www.radardetector.net/viewtopic.php?t=15069

http://www.radardetector.net/viewtop...=368807#368807 Feb 2008

New link:

Originally Posted by xdriver

http://www.mhd.state.ma.us/default.asp?pgid=content/traffic/speedReg&sid=about

Information on Speed Limit Regulations

Posted speed limits are established through the issuance of special speed regulations. On state highways, the Massachusetts Highway Department (MassHighway) is responsible for conducting an engineering study to establish a speed regulation, which is then jointly signed by both MassHighway and the Registry of Motor Vehicles according to Chapter 90, Section 18 of the Massachusetts General Laws (MGL). On municipal roadways, the municipality, usually in conjunction with MassHighway, collects data relative to establishing a speed limit. The Traffic Engineering section reviews this data and a speed regulation is then drafted by MassHighway and returned to the municipality for approval. After the city or town approves the speed regulation, it is then returned to MassHighway and jointly signed by the Registry of Motor Vehicles and MassHighway. (MGL Ch. 90, S.18)

However, Chapter 90, Section 17 of the MGL dictates statutory speed limits in the absence of official speed postings under 90-18. In other words, if a speed limit has not been established under 90-18 (which requires the posting of speed limits according to a Special Speed Regulation which is the result of an engineering study) the roadway can be enforced according to 90-17 (no speed signs posted), which is 20mph in a school zone, 30 mph in a thickly settled or business district for a distance of 1/8 of a mile, 40mph on an undivided highway outside of a thickly settled or business district for a distance of 1/4 of a mile, and 50 mph on a divided highway outside of a thickly settled or business district for a distance of 1/4 of a mile.

To obtain speed regulation information and engineering support data, where available, an official request must be made to the Chief Counsel's office at MassHighway through the Freedom of Information Act. Please include your contact information and email address along with a brief description of the information you are inquiring about.

Please contact: Massachusetts Highway Department
Chief Counsel's Office
10 Park Plaza, Room 3510
Boston, MA 02116

TEXT of LINK ABOVE:
http://www.mhd.state.ma.us/default.a...dReg&sid=about

"Traffic and Safety Engineering

Speed Limit Regulations

Information on Speed Limit Regulations

Posted speed limits are established through the issuance of special speed regulations. On state highways, the Massachusetts Highway Department (MassHighway) is responsible for conducting an engineering study to establish a speed regulation, which is then jointly signed by both MassHighway and the Registry of Motor Vehicles according to Chapter 90, Section 18 of the Massachusetts General Laws (MGL). On municipal roadways, the municipality, usually in conjunction with MassHighway, collects data relative to establishing a speed limit. The Traffic Engineering section reviews this data and a speed regulation is then drafted by MassHighway and returned to the municipality for approval. After the city or town approves the speed regulation, it is then returned to MassHighway and jointly signed by the Registry of Motor Vehicles and MassHighway. (MGL Ch. 90, S.18)

However, Chapter 90, Section 17 of the MGL dictates statutory speed limits in the absence of official speed postings under 90-18. In other words, if a speed limit has not been established under 90-18 (which requires the posting of speed limits according to a Special Speed Regulation which is the result of an engineering study) the roadway can be enforced according to 90-17 (no speed signs posted), which is 20mph in a school zone, 30 mph in a thickly settled or business district for a distance of 1/8 of a mile, 40mph on an undivided highway outside of a thickly settled or business district for a distance of 1/4 of a mile, and 50 mph on a divided highway outside of a thickly settled or business district for a distance of 1/4 of a mile.

To obtain speed regulation information and engineering support data, where available, an official request must be made to the Chief Counsel's office at MassHighway through the Freedom of Information Act. Please include your contact information and email address along with a brief description of the information you are inquiring about.

Please contact: Massachusetts Highway Department
Chief Counsel's Office
10 Park Plaza, Room 3510
Boston, MA 02116
MassHighway Policy on Speed Zoning

It has been the consistent objective of MassHighway over the years to provide means to promote safe and efficient traffic flow in the Commonwealth. The goal of our Speed Limit Traffic Control Program has always been to provide appropriate and enforceable speed limits on all paved streets ad highways within the Commonwealth in the best interest of the motoring public's right to use a roadway in a reasonable and proper manner. The ideal speed limit is both acceptable to the prudent driver and enforceable by our police departments.
Engineering Studies and Speed Zoning

A prerequisite to establishing speed regulations and posting speed limits is a comprehensive engineering study at each location where speed control is contemplated. The purpose of the study is to establish a speed limit that is safe, reasonable and self-enforcing. To download a copy of the "Procedures for Speed Zoning on State and Municipal Roadways" in Adobe Acrobat Format, CLICK HERE" :
http://www.mhd.state.ma.us/downloads...peedZoning.pdf

Update with xdriver info February 2008. -Suf Daddy

[CapeCodPoliceOfficer]

No offense but I have had people like you who get all technical. I love it too cause it never works. I had one guy try to get all these crazy records, my certification, engeering studies and all that jazz. Us cops get a royal kick out of it, its even funnier to see people actually get lawyers and end up paying more that the fine and surcharges, lol. I usually ignore requests for all that aperwork, the courts don't even want to hear it.

[Suf Daddy]

The Commonwealth has rules and laws for a reason.

Citing laws / MGL and CMR isn't getting "all technical".

"US cops" implies every officer thinks like you. I hope not.

No offense either, and respectfully submitted, there are public records which a defendant in a civil case can retrieve upon request.

"I usually ignore requests for all that aperwork, the courts don't even want to hear it."

That's great. Would you ignore a subpoena too?

"its even funnier to see people actually get lawyers and end up paying more that the fine and surcharges, lol."

Defendant's have a right to representation, no matter how funny it seems to you. C'est la vie!

-Suf Daddy

[Suf Daddy]

Originally Posted by CapeCodPoliceOfficer

No offense but I have had people like you who get all technical. I love it too cause it never works. I had one guy try to get all these crazy records, my certification, engeering studies and all that jazz. Us cops get a royal kick out of it, its even funnier to see people actually get lawyers and end up paying more that the fine and surcharges, lol. I usually ignore requests for all that aperwork, the courts don't even want to hear it.

[CapeCodPoliceOfficer]

Us cops does mean most cops, when you do this job you get a laugh out of stuff like that, it doesnt make me mean so calm down daddy.

No, I don't ignore subpeona's, but if you ask for all types of records it simply does not hold any weight. And its not my job to do YOUR research, especially for records WE DO NOT MAINTAIN. When I get requests for this stuff I trash it. The police don't have engineering studies, we don't have any of the crazy stuff people ask for. The only thing you will get from us is the Officer's certifications with respect to radar and the radar its self and the Court Officer AUTOMATICALLY brings that paperwork anyway, and that us all we are responsible for all the other stuff you would probably get at town hall, the DPW or some state agency, hence the reason why I ignore it.

I never questioned anyone's rights, please point out where I said people did not have the right to representation, oh you can't cause I did not. I have the right to find it funny to go through all that trouble for paperwork, especially when they are trying to get it from the wrong place. Besides I stongly suggest to every person I give a ticket to, to vigorously appeal the ticket and people will actually say "no, no you got me, and i'll say, no, no you have the right, its always worth your time to appeal it. After all 8Hrs of OT pay to go to judge's hearing that lasts about half hour is never a bad thing. C'est la vie!

Calm down man

[hsilman]

the point of hiring a lawyer is not to avoid the fees and surcharges. You are obviously correct that the lawyers fee is generally substantially more than even the heftiest speeding violation. However, especially for males under the age of 25, the $1000+/yr increase in insurance premiums are far MORE than even the most qualified traffic lawyer would charge to get the ticket reduced.

Second, you honestly never qualified that you only laugh when the person sends the request to the wrong location. Your statement implied that you ignored even the correctly written requests. Obviously, you have further qualified what you meant, and obviously you are correct. many times forum-members are frustrated by the lack of cooperation from the police, but again, it isn't your job to tell the defendant that he simply submitted the request to the wrong location.

Third, if you would read up on these forums some more, you would see that rarely is it the case that "courts don't even want to hear it" when shown that the requests weren't fulfilled. In only a handful of cases where the information was not returned promptly upon legitimate request did the judge decide to proceed anyways, and the legality of such a move is questionably at best.

I hope this has been informative to you, and I personally enjoy your presence on this forum. However, please try and keep an open mind, because it is obvious to me, and I hope now to yourself, that simply because you are a police officer, doesn't mean you have nothing to learn about these matters.

[Suf Daddy]

Here's how we get off on the wrong foot:

I'm completely calm in all my posts. The black and white of the text doesn't convey "emotion", so that's up to the reader to interpret. In this case I'm reassuring you, I'm calm and just replying to your post.

This thread is informational info about the MA MGL Chapt 90 SS 17 & 18.

One of your first four posts on this forum says in part:

Originally Posted by CapeCodPoliceOfficer

<<<<SNIP>>>
Us cops get a royal kick out of it, its even funnier to see people actually get lawyers and end up paying more that the fine and surcharges, lol. I usually ignore requests for all that aperwork, the courts don't even want to hear it.

Now that leaves a lot open to interpretation.

" Us cops get a royal kick out of it, its even funnier to see people actually get lawyers and end up paying more that the fine and surcharges, lol."

"I usually ignore requests for all that aperwork, the courts don't even want to hear it."

Kinda easy to see the impression a post left stating: "I usually ignore requests for all that aperwork" would leave....

I suggest, if you're willing, to further clarify what a Defendant should be requesting from you and your department vs. what previous requests have asked for which was misdirected or you don't have...........

-Suf Daddy

[brianc60]

I just got a ticket this morning. need help on my chances of fighting.90/17 was checked also clocked & estimated.

[Suf Daddy]

Brianc60:

Start a new thread in the "how to beat your speeding ticket" and we'll delete this post, yours and mine.

Tell us about it and host / post a copy of the ticket with your personal info blurred out & the ticket number too.

-Suf Daddy