Mass. Gen. Laws » Part I Title XIV Chapter 89
Massachusetts General Laws

Mass. Gen. Laws ch. 89, § 5 (2026)

Penalty; exceptions

✓ current as of July 2026
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Section 5. Whoever violates any of the provisions of sections one to four C, inclusive, except as otherwise provided herein, shall, upon complaint made within three months after the commission of the offense, forfeit not more than one hundred dollars and whoever drives in the right lane which has been constructed or designated for purposes other than ordinary travel as set forth in section four B shall, upon complaint made within three months after the commission of the offense, forfeit not more than one hundred dollars. Whoever violates section 4D shall, upon complaint made within 3 months after the commission of the offense, forfeit not more than $50.

Notwithstanding any provisions of law to the contrary, the provisions of sections one to 4D, inclusive, shall not apply to a person acting in conformity with the direction of a police officer or to a driver of a vehicle actually engaged in authorized work upon a highway under construction, repair or during maintenance operations when the nature of the work necessitates a departure from normal operational practices or to any operator of a motor vehicle when construction or repair is being performed which prohibits passage in the ordinary travel lane or lanes on a highway.

A violation of section 4D shall not be considered a conviction of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of chapter 175.

Notes of Decisions
Cited in 2 cases, 1995–2017 · leading case: United States v. Lawrence, 675 F. App'x 1 (1st Cir. 2017).
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United States v. Lawrence, 675 F. App'x 1 (1st Cir. 2017). “Mass. Gen. Laws ch. 89, § 5 ; see, e.g., Commonwealth v.”
Commonwealth v. Fleenor, 652 N.E.2d 899 (Mass. App. Ct. 1995). “The original videotape was available and could have been used with the audio portion turned down at the critical part of the booking. The order dismissing the complaints is vacated, and the case is remanded to the District Court.”
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