CMVI Citations For Bicyclists

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.

About briansimoneau

Massachusetts Attorney who specializes in administrative & labor law including DLR, Civil Service, RMV, and Board of Appeals cases.
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One Response to CMVI Citations For Bicyclists

  1. Pingback: CMVI Citations For Bicyclists | Massachusetts Police Legal News | nibecitecir

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