Appeal of Brown

Mass. Dist. Ct., App. Div.

Appeal of Brown

1987 Mass. App. Div. 1

CourtMassachusetts District Court, Appellate Division

DecidedJanuary 9, 1987

StatusPublished

This text of 1987 Mass. App. Div. 1 (Appeal of Brown) is published on Counsel Stack Legal Research, covering Massachusetts District Court, Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Appeal of Brown, 1987 Mass. App. Div. 1 (Mass. Ct. App. 1987).

Pincite

Opinion

Lenhoff, J.

The appellant was cited for a civil infraction allegedly occurring on a public way in Westborough, Massachusetts on July 26,1986, same being a violation of G.L. c. 90, § 7 for not wearing protective headgear while operating a motorcycle. Subsequently, the Clerk-Magistrate of the Westborough Division found him responsible and imposed a civil assessment. The appellant seasonably claimed an appeal to this tribunal pursuant to G.L. c. 90C, § 3(A), setting forth therein that G.L. c.90, § 7 appears to be unconstitutional.

In Commonwealth v. Robert H. Howie, Jr., 364 Mass. 756 (1968), the Supreme Judicial Court, in a like factual situation, held that G.L. c. 90, § 7, relating to protective headgear, was enacted by the Legislature to promote “safety upon public ways in the interests of motorcyclists and others who may use them” and that its action was a reasonable exercise of its powers. Thus, the enactment was found to be “constitutional”.

Therefore, the Appellate Division finds no prejudicial error; and, the adjudication appealed, be and is hereby affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

Lenhoff, J.

The appellant was cited for a civil infraction allegedly occurring on a public way in Westborough, Massachusetts on July 26,1986, same being a violation of G.L. c. 90, § 7 for not wearing protective headgear while operating a motorcycle. Subsequently, the Clerk-Magistrate of the Westborough Division found him responsible and imposed a civil assessment. The appellant seasonably claimed an appeal to this tribunal pursuant to G.L. c. 90C, § 3(A), setting forth therein that G.L. c.90, § 7 appears to be unconstitutional.

In Commonwealth v. Robert H. Howie, Jr., 364 Mass. 756 (1968), the Supreme Judicial Court, in a like factual situation, held that G.L. c. 90, § 7, relating to protective headgear, was enacted by the Legislature to promote “safety upon public ways in the interests of motorcyclists and others who may use them” and that its action was a reasonable exercise of its powers. Thus, the enactment was found to be “constitutional”.

Therefore, the Appellate Division finds no prejudicial error; and, the adjudication appealed, be and is hereby affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

1987 Mass. App. Div. 1, Counsel Stack Legal Research, https://law.counselstack.com/opinion/appeal-of-brown-massdistctapp-1987.

Opinion

Related

Cite This Page — Counsel Stack