National Motorists Association
Massachusetts Page
Welcome to the Summer 1999 issue of the NMA Mass mailing.
The Criminal Justice committee approved a bill related to police pursuits. If you evade police but don't violate any other laws you may go to jail for 2 1/2 years. If you violate three traffic laws during pursuit then you go to jail for 5 years.
The Public Safety approved a bill requiring headlights to be on when wipers are in use, and another requiring drivers to turn on interior lights when stopped by police at night.
Many other bills, including the AAA "Aggressive Driving" bill, have had no action taken.
Unlike most states, Massachusetts doesn't have a maximum permitted speed limit on limited access highways. The highway department can set limits at will. But highways are still posted 55 urban/65 rural as was required during the NMSL era. Why? I spent some time last spring talking to the Highway Department.
Speed limits are actually written regulations. The signs are there to inform drivers of the regulation. The speed regulation for Route 128 and US 3, approved in the mid-1960s, sets the speed limit to 60. It hasn't been changed in 35 years. The signs say 55, but that's because the Governor's policy is to blame speeders (now called "aggressive drivers") for accidents. If the posted limit were higher people might blame him. It doesn't matter that the last traffic study (over 25 years ago) showed that the limit should be increased to 65. On other roads the limits were arbitrarily changed to match the signs -- regardless of what the traffic studies said, in the rare cases where there were traffic studies. Politics wins over safety.
It's clear that the Highway Department won't do anything. Although their speed zoning manual criticizes the national 55 MPH speed limit and says that speed limits may not be changed without a traffic study, the engineers aren't allowed to follow the manual. I'm currently looking for a sponsor for a bill to direct the department to conduct traffic studies and change limits as appropriate.
Local governments aren't any better. The law says the Highway Department and the Registrar must approve all speed limits, except on the Turnpike and MDC roads. In fact it is very common for signs to be posted illegally, or with a speed limit other than the approved limit. Even speed limits that are the same as the unposted limits must be approved. Without an approved, posted speed limit the police must measure your speed for 1/8 mile in a thickly settled area and 1/4 mile elsewhere, so an unposted 30 MPH zone is not the same as a posted 30 MPH zone.
I'm trying to get Newton to correct signs on several miles of streets, including the section of Route 16 west of the Mass Pike where the 25 MPH signs are actually in a 35 MPH zone. Newton isn't alone. A MassHighway engineer said he thought that every town has some illegal signs. A list of known illegal speed limits will be appearing on the NMA Massachusetts web site soon.
If you get a speeding ticket, don't trust the police officer to know the speed limit. Don't trust the signs. If the ticket was on a city or town road ask the local government for a copy of the speed regulation. When you get it make sure it is signed by the Highway Department and Registrar. On a state highway, ask the Highway Department. Or give me a call and I'll get you a copy.
What happens if you get a ticket and the police officer writes that the speed limit was 55, and the signs say 55, but the regulation says 60? I don't know. The magistrate won't care, but on appeal to a judge, or on further appeal to the Appellate Division, you might have better luck.
If you see an unreasonable speed limit and want to try to get it changed you can start the same way, by getting a copy of the regulation. You might find that the limit is posted illegally. Then write the traffic engineer or DPW responsible for the road, or your alderman if the limit is in a city where you live. You might find that the speed limit is legal: speed regulations last forever, and many were set over 40 years ago (a 1955 model car was a lot less capable than a 1995 model, and speed limits were correspondingly lower). In that case you'll need to persuade the local government to approve a change.
John Carr
(BTW, if you see a police officer driving dangerously, improperly, or even just being parked illegally, you can file a Driving Complaint Form with the Registry. Adobe Acrobat Reader is required.)
In early July, there were two news items that appeared fairly close to each other.
Is there a contradiction here? Are the police officers really above the law? Can you explain the apparent discrepancy between these two cases? You'll find the answer at the end of this newsletter.
According to Boston Globe by the end of the Summer, New York's "E-Z Pass" and the Mass Pike "Fast Lane" electronic toll collection systems will become interchangeable.
"So, why should I care if I use it just to commute into Boston?" I hear some of you ask.
Because the total cost of the New York transponder will be a $15 deposit on your credit card (up $5 from the current charge). And since "Fast Lane" charges $27.50 plus a $50 credit card deposit, it would save you money if you got the New York system instead. You can call them at (800) 222-8655. Just don't wait too long; if you return the "Fast Lane" transponder after three years, your refund drops to $10 and after five years you'll get back nothing.
Speaking of the Mass Pike: In three years the tolls West of Route 128 will be phased out. The tolls East of Route 128 on the other hand, will be doubled...
As reported in the January 1998 issue of the Mass Mailing, the new dynamometer test will be rolled out (pardon the pun) later this year. The start-up date is set for October 1999 and currently, the projected fee is set at $35 for every two years. 4-Wheel Drive vehicles and cars with All Wheel Drive systems (such as Audi and Subaru) will continue to be tested by the existing stationary method.
Stay alert, stay involved and remember: Even the Lifetime NMA Membership is still cheaper than just one speeding ticket. And please use your when changing lanes. It'll be like a secret handshake.
Ivan Sever
Audiotaping without notice is against the law in Massachusetts. Videotaping is not.
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