Can you get pulled over for having kids in the car, Massachusetts?

Question

I live in Massachusetts. For the first six months of having your license you are not allowed to have any passenger that are not 21 or have had 3 years of driving experience. I was just wondering if a cop saw that you had kids in the car if they could pull you over?

Answer 1

I don't think the MA Cops are going to be reading your guilty mind about having kids in the car & just pull you over. If you do get pulled over , believe me it will be for something. Then, while the officer is checking out your license/registration and notices all the little details, then he/she will also be taking into account the kids in the car and anything else in view. So, my advice is not to push your luck...I mean, you DID want to drive didn't you? Was this not the reason you got the license in the first place?! Guard Dog

Answer 2

In MA if you are under 18 and on the first six months you cannot have a passenger under 18 in the car.  You cannot drive on your PERMIT with someone under 21 with less than three years with a license.  If you are over 18 than you can have someone of any age in the car.

From MA Drivers Manual, mass.gov/rmv:

"JOL License Restrictions

The following restrictions apply to all Junior Operators:

• You may not operate a motor vehicle within the first six months after receiving your JOL

while any person under age 18 is in the vehicle (other than you or an immediate family

member), unless you are accompanied by a person who is at least 21 years old, has at

least one year of driving experience, holds a valid driver's license from Massachusetts

or another state, and is occupying a seat beside you.

General Rule: The passenger restriction that applies to you as a JOL holder under age

18 is lifted once you complete the six-month period (or the portion that applies to you)

or you reach age 18, whichever occurs first.

New JOL regulations and penalties were signed into law on January 3, 2007. The new law requires

that additional components be added to the driver’s education curriculum.

21

The six-month passenger restriction period will stop running, temporarily, during

any suspension. When your JOL is reinstated, you will still have to complete the

remainder of the six-month restriction period that existed at the beginning of the

suspension period, unless you have already turned 18."

I don't know if they could pull you over for that, but if a cop really wants to they can always find a traffic violation to pull you over for, no body is a perfect driver.  But why risk losing your license?  Just wait six months.

Answer 3

Yes, he can.

The burden of proof for a traffic stop is "reasonable suspicion". If the officer observes you look young enough to have a restricted license, and sees others in the car, that would be reasonable.

Answer 4

If you appear to be of the age to have an intermediate license, they can absolutely pull you over to see if you should have those passengers in the car.  That's reasonable suspicion that a crime is occurring.