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Massachusetts Surcharge System Definitions
At
Fault Accident: An
accident involving a
vehicle subject to the
SDIP wherein the
involved operator was
more than 50% at fault,
as determined by the
application of the
standards of fault of
the Board of Appeal.
Minor
Accident: A claims
payment of more than
$500, exclusive of any
deductible, under
Collision, Property
Damage Liability or
Bodily Injury. (3
Points)
Major
Accident: A claims
payment of more than
$2,00.00, exclusive of
any deductible, under
Collision, Property
Damage Liability or
Bodily Injury. (4
Points)
Minor
Moving Violation:
Most routine motor
vehicle offenses
including speeding,
failure to stay within
marked lanes, equipment
violations, etc.. (3
Points)
Major
Moving Violation:
Driving to Endanger or
Reckless Driving, OUI
Liquor or drugs, OUI -
causing Serious Bodily
Injury, Operating after
Revocation of License,
Operating after
Suspension of Drivers
License, Vehicular
Homicide, Leaving Scene
of Accident after
Injuring a Person,
Leaving Scene of
Accident after Damaging
Property, Leaving Scene
of Personal Injury and
Death, Refusing to Stop
for a Police Officer. (5
Points)
Surcharges & your Massachusetts Drivers License
Surchargable Events (traffic violations
& at fault
accidents) can
result in the
suspension of your
Massachusetts
License under the
following
circumstances:
5
Surchargable Events
Within 3 years
When a Massachusetts
driver has had 5
surchargeable
incidents within the
past 3 years, the
Mass. Registry will
require the driver
to participate in
and complete a
driver education
program. If the
driver fails to
provide to the
Registry proof of
completion of the
driver education
program within 90
days after the
Registry mails to
the driver notice of
the requirement, the
RMV will suspend the
driver’s license or
right to operate a
motor vehicle in
Massachusetts
Registry of Motor
Vehicles receives
proof of completion
of the driver
education program.
7 Surchargable Events
Within 3 years
When a Massachusetts
Driver has
accumulated 7 Surchargable Events (at-fault accidents
or convictions of
moving violations of
motor vehicle laws,
including traffic
tickets, &
assignments to a
90-24D Driver
Alcohol Education
Program) during any
3 year period, the
Massachusetts
Registry will
suspend the driver's
license or right to
operate a motor
vehicle in
Massachusetts for 60
days.
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The Massachusetts Habitual Traffic Offender Law
A "Habitual
Traffic Offender" (HTO)
is a Massachusetts
driver who,
according to the
Massachusetts
Registry of Motor
Vehicles, has
accumulated the
following
convictions within a
5 year period: (1)
3 or more
convictions,
singularly or in
combination, of
operating a motor
vehicle while under
the influence of
intoxicating liquor
or narcotic drugs; (OUI,
DWI, DUI) Alcohol or
Drugs. (2)
operating a motor
vehicle recklessly
or negligently so as
to endanger;
(3) making a
false statement in
an application for a
learner’s permit or
motor vehicle
operator’s license
or in an application
for registration of
a motor vehicle;
(4) leaving the
scene of a property
damage or personal
injury accident;
(5) operating a
motor vehicle after
suspension or
revocation of the
person’s motor
vehicle operator’s
license or his right
to operate motor
vehicles;
(6)operating a
motor vehicle
without a license
(7) the
commission of any
felony in the
commission of which
a motor vehicle is
used; OR
(8) 12 or more
convictions of
offenses which are
required by any
provision of law to
be reported to the
Mass. Registry and
for which the RMV is
authorized or
required to suspend
or revoke the
person’s license or
right to operate
motor vehicles for a
period of thirty
days or more,
including
convictions of the
offenses listed
above. (Virtually
all Massachusetts
Traffic Offenses).
Exception to
the Massachusetts
Habitual Traffic
Offender Definition:
when a Massachusetts
Driver who has no
prior record of an
automobile law
violation is
convicted of
multiple traffic
violations within a
single 6 hour
period, such
convictions shall be
treated as a single
conviction.
If your Massachusetts License is Suspended because of Traffic Violations or other Surchargable Events, you are entitled to a Hearing before a Registry of Motor Vehicles Hearing Officer. You are also entitled to take your case to the Board of Appeal.
Our License Reinstatement Specialists may be able to help you obtain a Hardship License or overturn the license suspension entirely.
Contact one of our attorneys for a free consultation & review of your driving record. |
