JURISDICTION: MASSACHUSETTS

This chapter summarizes Massachusetts State statutes related to speed.

General Reference: Massachusetts General Laws Annotated and Code of Massachusetts Regulations (CMR)

Basis for a Speed Law Violation:

Basic Speed Rule: No person shall "run" a motor vehicle at a rate of speed greater than is reasonable and proper, having regard to traffic and the use of the way and the safety of the public.⁽¹⁾ Ch. 90, §17

Statutory Speed Limit: 65 MPH on certain parts of interstate highways Ch. 90, §17A

See Other below.

Posted (Maximum) Speed Limit: The State or a local government may regulate the speed limit on a highway. Ch. 90, §18 Note: Massachusetts law does not specifically state whether different highway speed limits may be established either for different types of vehicles, for various weather conditions or for different times of the day.

Minimum Speed Limit: No person shall drive in such a manner as to obstruct unnecessarily the normal movement of traffic upon a highway. 720 CMR 9.06(6)(a)

Posted (Minimum) Speed Limit:

Other: I. No vehicle with a load of weighing >4 tons when equipped with metallic tire shall be operated at a speed >4 MPH. Ch. 85, §31

II. Certain State agencies have the authority to regulate speed on certain roads or highways under their jurisdiction. The regulations governing these speed limits are not reported in detail.⁽²⁾

Adjudication of Speed Law Violations:

Civil/Criminal Adjudication of Violation: All Speed Law Violations are Misdemeanors. Ch. 274, §1

Other:

Sanctions Following an Adjudication of a Speed Law Violation:

Criminal Sanctions:

Imprisonment:

Term (Day, Month, Years,

Etc.): None

Mandatory Minimum Term:

Sanctions Following an Adjudication of a Speed Law Violation:

(continued)

Fine:

Amount ($ Range): Basic Speed Rule, Speed Limit Violations-Not less than $50⁽³⁾ If the offender was exceeding the speed limit by >10 MPH, an additional fine of $10 per MPH over the such limit. Ch. 90, §20 (¶2)

Unnecessarily Obstructing Traffic-Not more than $20 720 CMR 9.06(6)(a) & Ch. 85, §2

Exceeding 4 MPH While Operating Vehicles with Metallic Tires with a Load >4 Tons-Not more than $100 Ch. 85, §32

Mandatory Min. Fine ($): None

Other Penalties:

Traffic School:

Other:

Licensing Action:

Type of Licensing Action

(Susp/Rev): 3rd or subsequent offense within 12 months-Revocation Ch. 90, §20 (¶4)

Term of License Withdrawal

(Days, Months, Years, etc.): 3rd or subsequent offense within 12 months-For at least 30 days Ch. 90, §20 (¶4)

Mandatory Minimum Term of

Withdrawal: 3rd or subsequent offense within 12 months-30 days Ch. 90, §20 (¶4) The minimum revocation period appears to be mandatory.

Miscellaneous Sanctions

Not Included Elsewhere: The State licensing agency has the authority to either suspend or revoke a person's driving privilege based on a violation of the traffic laws if it believes that the violation was of such a nature that continuing to allow the offender to drive would "constitute an immediate threat to the public safety." Ch. 90, §22(a)

Other Criminal Actions Related to Speeding:

Drag Racing: Misdemeanor Ch. 90, §17B & Ch. 274, §1

Sanctions:

Criminal Sanction:

Imprisonment (Term): None

Mandatory Minimum Term:

Fine ($ Range): 1st offense-$100 to $500 Subsequent offense-$200 to $1,000 Ch. 90 §17B

Mandatory Minimum Fine: None

Other Criminal Actions Related to Speeding:

(continued)

Drag Racing: (continued)

Administrative Licensing Action:

Licensing Authorized and

Type of Action: Suspension Ch. 90, §17B

Length of Term of

Licensing Withdrawal: 1st offense-Not less than 30 days Subsequent offense-Not less than 60 days Ch. 90 §17B

Mandatory Action--Minimum

Length of License

Withdrawal: 1st offense-30 days Subsequent offense-60 days Ch. 90 §17B The minimum suspension period appears to be mandatory.

Other:

Racing on the Highway⁽⁴⁾: Misdemeanor Ch. 90, §24(2)(a) & Ch. 274, §1

Sanction:

Criminal:

Imprisonment (Term): 2 weeks to 2 years Ch. 90, §24(2)(a)

Mandatory Minimum Term

of Imprisonment: None

Fine ($ Range): $20 to $200 Ch. 90, §24(2)(a)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation Ch. 90, §24(2)(b)

Length of Term of License

Withdrawal Action: 1st offense-At least 60 days Subsequent offense within 3 years-At least 1 year Ch. 90, §24(2)(c)

Mandatory Term of License

Withdrawal Action: 1st offense-60 days Subsequent offense within 3 years-1 year Ch. 90, §24(2)(c)

Other: The registrations of any vehicles owned by the offender may be revoked. Ch. 90, §24(2)(b)

Reckless Driving⁽⁵⁾: Misdemeanor Ch. 90, §24(2)(a) & Ch. 274, §1

Sanction:

Criminal:

Imprisonment (Term): 2 weeks to 2 years Ch. 90, §24(2)(a)

Mandatory Minimum Term

of Imprisonment: None

Other Criminal Actions Related to Speeding:

(continued)

Reckless Driving: (continued)

Fine ($ Range): $20 to $200 Ch. 90, §24(2)(a)

Mandatory Minimum Fine: None

Administrative Licensing Actions:

Type of Licensing Action

(Susp/Rev): Revocation Ch. 90, §24(2)(b)

Length of Term of License

Withdrawal Action: 1st offense-At least 60 days Subsequent offense within 3 years-At least 1 year Ch. 90, §24(2)(c)

Mandatory Term of License

Withdrawal Action: None The licensing agency may rescind the revocation at any time. Ch. 90, §24(2)(c)

Other: The registrations of any vehicles owned by the offender may be revoked. Ch. 90, §24(2)(b)

Commercial Motor Vehicle (CMV) Operators⁽⁶⁾:

Grounds for Disqualification: A person is disqualified from operating a CMV if while driving such a vehicle they either (1) commit 2 "serious traffic violations"⁽⁷⁾ within a 3 year period or (2) commit 3 such violations within a 3 year period. Ch. 90F, §9(E)

Period of Disqualification: 2 serious violations (within 3 years)-Not less than 60 days 3 serious violations (within 3 years)-Not less than 120 days Ch. 90F, §9(E)

Period of Mandatory Disqualification: 2 serious violations (within 3 years)-60 days 3 serious violations (within 3 years)-120 days Ch. 90F, §9(E)

1. ¹It is prima facie evidence of a violation of this rule if a person operates a motor vehicle in excess of the following speed limits: (1) >50 MPH on a divided highway outside a thickly populated business district; (2) >40 MPH on any other highway outside a thickly populated business district; (3) >30 MPH inside a thickly populated business district; (4) >20 MPH in an established school zone; and, (5) >15 MPH in the vicinity of a vehicle which is selling merchandise and is displaying flashing amber lights. Ch. 90, §17

2. ²E.g., 321 CMR 3.01(1)(g) which regulates speed on roads in wildlife management areas; 730 CMR 3.04 (2)(s) and 3.05(15), (16) & (17) which regulates speed in certain tunnels; 350 CMR 4.01(2) which regulates speed on roads controlled by the Metropolitan District Commission; 740 CMR 11.05(2) which regulates speed on certain the Maurice J. Tobin Bridge; 304 CMR 12.16(2) which regulates speed in certain forests and parks; and, 740 CMR 21.51(6) which regulates speed on roads around certain airports.

3. ³Heavy Vehicles. I. A person who violates the speed laws when operating any motor vehicle, trailer, semitrailer, semitrailer unit or tandem unit, operating under a permit issued under Ch. 90, §§30 and 31A, and which is over weight, is subject to the following fine sanctions: 1st offense-Not more than $100; 2nd offense within 12 months-$100 to $150; and, subsequent offense-$150 to $300. Ch. 90, §20 (¶3) II. Exceeding the 65 MPH Speed Limit on Interstate Highways. Although the law is not clear, it appears that the following sanctions (the general sanctions for a violation of the traffic laws) apply to this violation: 1st offense-$35; 2nd offense within 12 months-$35 to $75; and a subsequent offense within 12 months-$75 to $150. Ch. 90, §20 (¶1)

4. ⁴Although the State does not have a specific crime entitled "racing on the highway", it does make it an offense to operate a motor a vehicle on a highway upon a bet or wager in a race or for the purpose of making a record. Ch. 90, §24(2)(a)

5. ⁵The crime of "reckless driving" is defined as operating a motor a vehicle in a reckless or negligent manner so as to endanger lives or the public safety. Ch. 90, §24(2)(a)

6. ⁶A person who has obtained a commercial driver's license (CDL) and is qualified to operate a commercial motor vehicle. A commercial motor vehicle is defined as a vehicle designed to carry either passengers or property and either has a gross vehicle weight of 26,001 lbs., is designed to transport 16 or more persons, or is transporting hazardous materials which requires that the vehicle to be placarded in accordance with U.S. Department of Transportation regulations. Ch. 90F, §1

7. ⁷A "serious traffic violation" includes excessive speed as determined by the U.S. Department of Transportation (exceeding the speed limit by 15 or more MPH), operating a motor vehicle as to endanger or reckless driving. Ch. 90F, §1