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61C – Towing Motor Vehicles and Inventory Procedures <br /> <br /> <br />Policy & Procedure Page 3 of 8 <br />3. Accidents-Disabled Motor Vehicles. At the scene of a motor vehicle <br />accident, officers are authorized to remove any vehicle when: <br /> <br />a. The vehicle is so disabled as to constitute a hazard if operated; <br />b. The vehicle is disabled and is an obstruction to "the efficient <br />movement of vehicular traffic," South Dakota v Opperman; or <br />c. The person in charge of the vehicle is by reason of physical injury <br />incapacitated to such an extent as to be unable to provide for <br />its custody and removal. <br /> <br />4. Abandoned Motor Vehicles. M.G.L. Chapter 90, section 22C states <br />that an officer having charge of the public ways in a city or town may <br />order the removal of any motor vehicle from a public way when there is <br />reasonable cause to believe that the vehicle has been abandoned by its <br />owner and it has been standing upon the way for more than seventy-two <br />(72) hours. Officers should tow vehicles in these instances after: <br />[61.4.3(a)] <br /> <br />a. Taking reasonable measures to identify and notify the vehicle's <br />owner; and <br />b. Obtaining authorization from the Commanding Officer or Patrol <br />Supervisor to tow the vehicle by an approved towing agency. <br />c. NOTE: See Section III of this policy for additional towing authority <br />permitted by Lexington bylaws. <br /> <br />5. Unregistered Motor Vehicles. "The owner or custodian of such a <br />vehicle shall not permit the same to be operated, pushed, drawn or towed <br />upon or to remain upon any way ... unless such vehicle is registered..." <br />M.G.L. Chapter 90, section 9. Officers having reasonable cause to <br />believe that a vehicle is unregistered should: <br /> <br />a. Whenever possible, confirm the registered status of the vehicle <br />with the Registry of Motor Vehicles; <br /> <br />i. Officers should keep in mind that with handheld electronic <br />devices and phones having Internet capability, the <br />registration status of a motor vehicle can be changed during <br />the time of a car stop. <br />ii. Officers should cause the vehicle to be removed from the <br />roadway in compliance with the requirements of Chapter <br />90, section 9. <br /> <br /> <br />6. Unsafe and Improperly Equipped Motor Vehicles. If an officer <br />determines that a certain aspect of a motor vehicle is in such poor <br />condition that it would certainly fail to pass the State inspection process, <br />and the operation of the vehicle would jeopardize the public safety, the <br />officer may: