November 27. 1989 Number 1

November 27. 1989 Number 1 Mary Ann Walsh, Secretary Executive Office of Consumer Affairs and Business Regulation One Ashburton Place Boston. Massachusetts 02108 Ralph A. lannaco Executive Secretary Board of Appeal on Motor Vehicle Liability Policies and Bonds 280 Friend Street Boston, Massachusetts 02114 Dear Secretary Walsh and Secretary lannaco: You have asked, on behalf of the Board of Appeal on Motor Vehicle Liability Polices and Bonds, for an opinion concerning what constitutes a "conviction" for the purposes of G.L. c. 90, § 22F, the so-called Habitual Traffic Offender Law.' In general, the Habitual Traffic Offender Law provides for the four year revocation of the driver's license of any person who has accumulated prescribed numbers of "convictions" for various motor vehicle offenses. G.L. c. 90, § 22F ( 1988 ed.). The question you ask seeks clarification of certain language in chapter 90C of the General Laws which provides a method for the non-criminal disposition of some motor vehicle offenses. Specifically, you ask whether payments made pursuant to the non-criminal procedures of chapter 90C § 3. as it appeared prior to July 1, 1986, operate as "convictions" for purposes of the Habitual Traffic Offender Law. See St. 1985, c. 794.- For the reasons set forth below, I conclude that such payments do operate as convictions. The answer to your question requires a brief review of the pertinent statutory language. Prior to 1983, a procedure for the non-criminal disposition of minor motor vehicle offenses was contained in G.L. c. 90, § 20F. No statutory language at that time expressly provided that non-criminal dispositions through the pay- ment of fines pursuant to § 20F were "convictions" for purposes of the motor vehicle laws. Accordingly, a 1982 opinion of my predecessor concluded that, since the word "conviction" generally refers only to judgments of guilt in a criminal proceeding, fines paid in the non-criminal context of § 20F were not "convictions" for the purposes of G.L. c. 90, § 20, which, like the Habitual Traffic Offender Law. permits the revocation of a driver's license upon the accumulation of certain "convictions." See 1982/83 Op. Att'y Gen. No. 2, Rep. A.G., Pub. Doc. No. 12 at 81-83(1982). Subsequent to this opinion, however, the Legislature, by St. 1982, c. 586, repealed G.L. c. 90, § 20F, and placed the procedures for the non-criminal disposition of motor vehicle offenses in chapter 90C of the General Laws. As of April 14, 1983, the effective date of the 1982 legislation, § 4 of chapter 90C provided, in pertinent part, as follows: "Any provision of this chapter to the contrary notwithstanding, any payment of a fine made pursuant to the provisions of this chapter shall operate as a conviction for purposes of registry of motor vehicles 10 P.D. 12 action pursuant to chapter ninety.'" See G.L. c. 90C, § 4, as appearing in St. 1982, c. 586 (emphasis added). This language, which existed in the form set forth above until July 1, 1986, effectively superseded the prior opinion of the Attorney Gen- eral by making express the legislative intent that, as of April 14, 1983, non- criminal fines were to be considered convictions for the purposes of chapter 90.^ Since the Habitual Traffic Offender Law is a part of chapter 90, it is clear that "fines" under chapter 90C paid prior to July 1, 1986, are "convictions" for the purposes of the Habitual Traffic Offender Law. It is equally clear that all payments under G.L. c. 90C, § 3, made prior to July 1, 1986, are "fines" as that word was used in § 4, and therefore operate as convictions. Section 3 of chapter 90C is the provision which prior to July 1, 1986, as now, provided for the non-criminal disposition of some motor vehicle offenses either through a contested non-criminal trial or through uncontested payments made to the court in person or by mail. All payments prescribed by § 3, as it appeared prior to July 1, 1986, were clearly designated as "fines." For example paragraph (a)(1) of § 3, as appearing in St. 1982, c. 586, required the district courts to promulgate a schedule of penalties for the purposes of non-criminal dispositions pursuant to that section. This schedule was then described as the "schedule of fines" and payments made pursuant to it as "the scheduled fine." As to uncontested payments in person or by mail, § 3 stated that the "payment ofsuch fine shall operate as a final disposition of the case," and, as to payments required after a contested non-criminal trial, it stated that the clerk-magistrate or the justice "may impose at a minimum the scheduled fine. . . or may increase the penalty to an amount not exceeding the maximum fine permitted by law for the particular violation." (Emphasis added.)"* In sum, I conclude that all payments made pursuant to G.L. c. 90C, § 3, prior to July 1, 1986, are "fines" and that non-criminal dispositions through the payment of such fines are "convictions" for the purpose of G.L. c. 90, § 22F, the Habitual Traffic Offender Law. Very truly yours. JAMES M. SHANNON ATTORNEY GENERAL ' The Board seeks this opinion in order to carry out its duty pursuant to G.L. c. 90, § 28, to hear appeals from decisions of the Registrar of Motor Vehicles, the official charged with revoking licenses pursuant to the Habitual Traffic Offender Law. - You need to know this because convictions accumulated over a period of five years may be counted in determining license revocations under the Habitual Traffic Offender Law. See G.L. c. 90, § 22F. Currently, this includes convictions going back to late 1984. ^ Effective July 1, 1986, the Legislature amended chapter 90C in part to designate non-criminal motor vehicle violations by the new appellation, "civil motor vehicle infractions." See St. 1985, c. 794, §§ 12, 14. Accordingly, G.L. c. 90C, § 4, was changed to make clear that all payments pursuant to chapter 90C, by whatever appellation. P.D. 12 11 were convictions for the purposes of chapter 90. See St. 1985, c. 794, § 3. The pertinent language of § 4 currently reads as follows: "Any provision of this chapter to the contrary notwithstanding, any payment of a penalty, fine or assessment made pursuant to the provisions of this chapter, including the payment of an assessment for a civil motor vehicle infraction shall operate as a conviction for the purposes of registry of motor vehicles action pursuant to chapter ninety. . . ."' G.L. c. 90C, § 4, as appearing in St. 1 985, c. 794, § 1 2. There is no question, and you have raised none, that all payments pursuant to the current chapter 90C are "convictions" for the purposes of the Habit- ual Traffic Offender Law. ^ Since 1 conclude that § 3 payments made before July 1, 1986, are "fines" and therefore "convictions" according to G.L. c. 90C, § 4, as it then existed, I need not determine whether the broader language of the current § 4 (see note 3. anie) could retroactively turn pre -July 1, 1986, payments into convictions. 12 P.D. 12