Mass. Gen. Laws » Part I Title XIV Chapter 90
Massachusetts General Laws

Mass. Gen. Laws ch. 90, § 34J (2026)

Operating motor vehicle without liability policy, bond or security deposit

✓ current as of July 2026
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Section 34J. Whoever operates or permits to be operated or permits to remain on a public or private way a motor vehicle which is subject to the provisions of section one A during such time as the motor vehicle liability policy or bond or deposit required by the provisions of this chapter has not been provided and maintained in accordance therewith shall be punished by a fine of not less than five hundred nor more than five thousand dollars or by imprisonment for not more than one year in a house of correction, or both such fine and imprisonment; provided, however, that any municipality that enforces the provisions of this section shall retain such fine. This section shall not apply to a person who operates a motor vehicle leased under any system referred to in section thirty-two C without knowledge that the lessor thereof has not complied with the provisions of section thirty-two E relative to providing indemnity, protection or security for property damage.

In proceedings under this section, written certification by the registrar of motor vehicles that the registry of motor vehicles has no record of a motor vehicle liability policy or bond or deposit in effect at the time of the alleged offense as required by the provisions of this chapter for the motor vehicle alleged to have been operated in violation of this section, shall be admissible as evidence in any court of the commonwealth and shall raise a rebuttable presumption that no such motor vehicle liability policy or bond or deposit was in effect for said vehicle at the time of the alleged offense. Such presumption may be rebutted and overcome by evidence that a motor vehicle liability policy or bond or deposit was in effect for such vehicle at the time of the alleged offense.

Any person who is convicted of, or who enters a plea of guilty to a violation of this section shall be liable to the plan organized pursuant to section one hundred and thirteen H of chapter one hundred and seventy-five in the amount of the greater of five hundred dollars or one year's premium for compulsory motor vehicle insurance for the highest rated territory and class or risk in effect at the time of the commission of the offense. Said liability shall be in addition to all other liabilities imposed on the person so convicted or so pleading whether civil or criminal. The said plan shall apply any sums collected hereunder, to defray its costs of collection and to defray in whole or in part its expenses for preventing fraud and arson. Furthermore, any person who is convicted of, or enters a plea of guilty to a violation of this section shall have his or her license or right to operate a motor vehicle suspended for sixty days by the registrar of motor vehicles upon the registrar's receipt of notification from the clerk of any court which enters any conviction hereunder or which accepts such plea of guilty. The clerk of any court which enters any conviction hereunder or which accepts such plea shall promptly notify the registrar of motor vehicles and the Commonwealth Auto Reinsurers pursuant to section one hundred and thirteen of chapter one hundred and seventy-five or any successor thereto of such entry of acceptance of such plea. For any second or subsequent said conviction or plea of guilty within a six year period the offender's license or right to operate a motor vehicle shall be suspended for one year by the registrar upon the registrar's receipt of such notification by the clerk of any such court.

Notwithstanding any general or special law to the contrary, whoever violates this section and has not been previously determined responsible for or convicted therefor, or against whom a finding of delinquency or a finding of sufficient facts to support a conviction has not previously been rendered, on a complaint charging a violation of this section shall be punished by fine of not more than $500.

Notes of Decisions
Cited in 27 cases (5 in the last 5 years), 1964–2025 · leading case: Commonwealth v. LeBlanc, 62 N.E.3d 34 (Mass. 2016).
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Commonwealth v. LeBlanc, 62 N.E.3d 34 (Mass. 2016). · cites it 2× “When the friend got out of the truck, he noticed that the Cavalier's 1 The Commonwealth filed a nolle prosequi with respect to a charge of operating a vehicle without insurance under G. L. c. 90, § 34J. 2 The defendant raised the "public way" argument for the first time on…”
Commonwealth v. Munoz, 426 N.E.2d 1161 (Mass. 1981). · cites it 5× “94C, § 34, and of operating an uninsured motor vehicle, G. L. c. 90, § 34J, by a jury of six in a District Court.”
Commonwealth v. Gouse, 965 N.E.2d 774 (Mass. 2012). “503, 506-508 (1981) (application of § 7 to crime of operating uninsured motor vehicle under G. L. c. 90, § 34J); Commonwealth v. Jefferson, 377 Mass.”
Commonwealth v. Petersen, 851 N.E.2d 1102 (Mass. App. Ct. 2006). “At a later date, before a different judge, other charges pending against the defendant were filed without a change of plea (operating an uninsured vehicle, G. L. c. 90, § 34J; operating after license suspension for operating under the influence, operating with a suspended…”
Arbella Mut. Ins. v. Comm'r of Ins., 456 Mass. 66 (Mass. 2010). · cites it 2× “G. L. c. 90, § 34J. However, some drivers are unable to do so in the voluntary market because insurers view them as a high risk.”
Commonwealth v. Correa, 686 N.E.2d 213 (Mass. App. Ct. 1997). “90, § 23, and operating an uninsured motor vehicle, G. L. c. 90, § 34J; and one complaint charged the defendant with three counts of breaking and entering a motor vehicle, G.”
Commonwealth v. Johnson, 728 N.E.2d 281 (Mass. 2000). “233, § 21, Fourth, to the crime of operating an uninsured motor vehicle, G. L. c. 90, § 34J. We assume, without deciding, that § 21, Fourth, is applicable.”
Commonwealth v. Grannum, 928 N.E.2d 339 (Mass. 2010). “90, § 24; operating an uninsured motor vehicle, see G. L. c. 90, § 34J; and operating an unregistered motor vehicle, see G.”
Commonwealth v. Grafton, 107 N.E.3d 1241 (Mass. App. Ct. 2018). · cites it 2× “278, § 7, in view of the fact that noninsurance is an element, in fact, the central element of a prosecution under G. L. c. 90, § 34J. Accordingly, we conclude that G.”
Commonwealth v. O'LEARY, 198 N.E.2d 403 (Mass. 1964). “G. L. c. 90, § 34J (as amended through St.”
Commonwealth v. Munoz, 413 N.E.2d 773 (Mass. App. Ct. 1980). “In our opinion, the considerations stated in these decisions generally, and in the Jones and Jefferson cases particularly, apply to a prosecution under G. L. c. 90, § 34J. It is within the police power of the State to require compulsory insurance on motor vehicles to protect the…”
Commonwealth v. Bennett, 754 N.E.2d 83 (Mass. App. Ct. 2001). “90, § 9); operating an uninsured motor vehicle (G. L. c. 90, § 34J); and negligent operation of a motor vehicle so as to endanger (G.”
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