zac

Unfortunately the article is wrong about its characterization of the law. The New ch.85 sec 11E is merely a correction from an earlier correction that inadvertently left out a section about use of the funds. See MGL ch.85, sec.11C and it's amendments and final repeal by Acts. 2009, Ch.65, sections 5 and 6.

Citations for traffic violations committed by a bicycle operator in Mass have never been allowed to be counted against the bicyclists driver's license or insurance surcharge points. This is nothing new, and certainly was not introduced by the new section 11E. (It was part of the law prior to 2009 too (see, sec.11C), it was merely just codified by that change then.)

The Boston Police are disingenuous about their characterization. Their fail is that they designed ticket citations without any provision to check off that the offender was on a bicycle, as is now and has always been a required part of the law. All that changed was the requirement that citations be issued on the standard MV citation that is issued by the Registry of Motor Vehicles, and reported to the Registry. Prior to the law change in 2009, bicycle citations, were handled locally. They can still do this, they just don't know it yet, because they never issued them before, and have no idea what or how to go about it. (see below).

As to the law being toothless, well nothing really has changed there. A city or town that issues a bicycle citation certainly has recourse to compel payment, but it would require the relevant city/town solicitor to take action. Thereafter, as part of the process and upon ignoring a judgment and continued non-payment, a capias could issue...however, it is likely not cost effective on an individual basis. However a city the size of Boston could easily assign a solicitor to get judgements on outstanding bicycle tickets...this could be done on a semi-annual basis, but again one has to ask if it is economically cost effective, as well as resource effective.

Additionally a city or town has the right to home rule petition to issue and enforce bicycle citations under local ordinance. But I am unaware of any that have outside of a select few greater Boston 'burbs.

This is just a matter of the cities and towns being lazy about taking proactive steps toward enforcement and recognition of bicycle laws. In plain simple terms: bicycles don't matter to them, never have, never will, until such time that they realize that a potential revenue stream has now been codified and they don't know how to get at it yet.

To me, ticketing bicycle violators is pretty low on the totem pole of social ills that need addressing in our society.