Massachusetts Habitual Traffic Offender
In Massachusetts, your license can be suspended for multiple traffic violations or for being a habitual traffic offender.
A simple guide is as follows:
Three Speeding Tickets: Getting three speeding tickets within a 12 month period (not a calendar year) results in a mandatory 30-day suspension under MGL c.90, s.20. This 12-month period is determined based on the most recent finding/conviction date. You will not be eligible for a hardship license.
Three Surchargeable Events: If you have 3 surchargeable events within a 2-year period, you face your license being suspended under MGL c. 175 s. 113B. The Registry will mail you an Intent to Suspend Notice that allows a 90-day window to complete a Driver Retraining Course before an indefinite suspension goes into effect. If the course is taken before the 90 days, the suspension will not go into effect. However, if the course is not completed within 90 days, the suspension will take effect. It will remain in effect indefinitely, or until the course is successfully completed. You will not be eligible for a hardship license if your license is suspended for failure to take the course.
You must complete the course each time you get a third surchargeable event within two years. It does not matter if you have already taken the course.
Seven Surchargeable Events: If you have 7 surchargeable events within a 3-year period you will receive a 60-day license suspension. You will not be eligible for a hardship license if your license is suspended for 60 days.
Your license will be suspended for 60 days every time you get a seventh surchargeable event within three years. It does not matter if it has already been suspended.
If another state reports an event, it will be included in the RMV calculation of events when determining any possible license suspension.
If you are deemed a Habitual Traffic Offender your license will be suspended for 4 years. This suspension is triggered by an accumulation of a total of three major moving violations or any combination of 12 major or minor moving violations within a five year period. This period is calculated back from the most recent finding/conviction date. If another state reports an event, it will be included in the calculation.
MGL c.90, s22F mandates a 4-year license revocation. The RMV is required by law to send a notice of suspension to the address of record. After one year, you may request a hearing for a hardship license. The RMV, in its discretion, may issue a license under any terms and conditions they feel appropriate. Once the suspension period is finished, you will be required to take a full driver's license exam and pay a reinstatement fee.
These are statutory suspensions and can only be rescinded at a hearing if you have documented proof that the offense is not yours, a court disposition was entered incorrectly, you have received a suspension notice for a civil citation for which you had requested a court hearing, or you have been approved for a Board of Appeals hearing to challenge an at-fault accident.
Suspension actions taken on Three Surchargeable Events, Seven Surchargeable Events, and Habitual Traffic Offenders are independent of one another. A driver will be subject to the conditions of each suspension or revocation type independent of any other suspensions or revocations that have been served or are currently active. For example, if you receive a suspension for three speeding violations and one for Seven Surchargeable Events, you will serve 30 days for the speeding suspension and an additional 60 days for the Seven Surchargeable suspension.
An experienced attorney can assist you and help save your license or get you a “Cinderella” or 12 hour license that enable you to get back and forth to work, school or other important places. The EASIEST way to stop this from happening is to APPEAL THE CITATION WHEN YOU RECEIVE IT! We can assist you in the appeal, even if you are wrong, and prevent the license suspension. It is cheaper to have an attorney assist you in fighting the ticket than it is to have one help you at the Registry Board Of Appeals.
Call us at 617-328-6900 or see our website at: WWW.RSWEENEYLAW.COM. You can also email me at RSweeney@RSweeneylaw.com. We can help and the phone call is free.
Safe Driver Insurance Plan
List of Minor Surchargeable Traffic Law Violations
211 CMR: DIVISION OF INSURANCE
A
Accident, hit and run | M.G.L. c. 90, § 24 |
Alleys and driveways, emerging from, must stop | 720 CMR 9.06(20) |
Allowing vehicle to stand unattended, motor running | M.G.L. c. 90, § 13 |
Anything on or in vehicle or on person interferes with operation | M.G.L. c. 90, § 13 |
Attempting a speed record | M.G.L. c. 90, § 13 |
B
Backing and U-turns prohibited | 730 CMR 7.08(17)(b) |
Backing up for missed ramp | 720 CMR 9.08(3) |
Blind pedestrians, must stop for | M.G.L. c. 90, § 14A |
Blow horn when necessary | 720 CMR 9.06(15) |
Brakes, inadequate | 730 CMR 7.05(5)(g) |
Brakes, operating without | M.G.L. c. 90, § 7 |
Bridges, speed law | M.G.L. c. 85, § 20 |
C
Careless operation - construction zone | 730 CMR 7.08(12)(c) |
Careless or negligent operation | 730 CMR 7.08(5)(a) |
Channelizing island, no driving on | 720 CMR 9.06(22) |
Coasting | 730 CMR 7.08(16) |
Crossing solid pavement markings | 730 CMR 7.08(8) |
Crosswalk, motor vehicle not to enter if car will block | M.G.L. c. 89, § 11 |
Crosswalk, operator yield to pedestrian | M.G.L. c. 89, § 11 |
Cutting in after passing | 720 CMR 9.06(3) |
D
Deploying unauthorized sign | 730 CMR 7.08(1)(a) |
Directional signals, devices required | M.G.L. c. 90, § 7 |
Directional signals, hand or mechanical required for lane change | M.G.L. c. 90, § 14B |
Drag racing, speeding | M.G.L. c. 90, § 17B |
Driving in "breakdown lane" | M.G.L. c. 89, § 4B |
Driving within eight feet of street car stopped for passengers | M.G.L. c. 90, § 14 |
E
Emergency vehicles, right of way | M.G.L. c. 89, § 7 |
Entry into excluded area - construction zone | 730 CMR 7.08(12)(b) |
Entry into restricted area – general | 730 CMR 7.08(11)(a) |
Entry into restricted area - left lane restrictions | 730 CMR 7.08(11)(b) |
Exhibit another license | M.G.L. c. 90, § 23 |
F
Failure to ascertain if it is safe to change lanes | M.G.L. c. 89, § 4A |
Failure to comply with orders | 730 CMR 7.08(1)(b) |
Failure to keep to the right when turning right | M.G.L. c. 90, § 14 |
Failure to keep to the far left when turning on a one/two way street | M.G.L. c. 90, § 14 |
Failure to fasten a trailer to a tow vehicle with proper safety chains | M.G.L. c. 90, § 7 |
Failure to give proper stopping or turning signals | M.G.L. c. 90, § 14 |
Failure to keep in right lane | M.G.L. c. 89, § 4B |
Failure to keep to right when view is obstructed up to 400 feet | M.G.L. c. 89, § 4 |
Failure to obey sign | 730 CMR 7.08(1)(a) |
Failure to obey traffic control signal | 730 CMR 7.08(2) |
Failure to see that movement can be made in safety before starting, stopping, turning or backing up | 720 CMR 9.06(9) |
Failure to stop at sign or signal at intersection | M.G.L. c. 89, § 9 |
Failure to stop at toll booth | 730 CMR 7.03(2) |
Failure to use care in stopping or turning - hand signals | 730 CMR 7.08(17)(c) |
Failure to use child restraint | M.G.L. c. 90, § 7AA |
Fire apparatus, driving within 300 feet if going to a fire | M.G.L. c. 89, § 7A |
Fire apparatus, failing to pull to right and stop | M.G.L. c. 89, § 7A |
Fire Department, interfering with | M.G.L. c. 89, § 7A |
Flashing red traffic signal, failure to stop | M.G.L. c. 89, § 9 |
Following too closely | 720 CMR 9.06(7) |
G, H
Hand signals, failure to give | M.G.L. c. 90, § 14B |
Headlights, dimming from high beam | M.G.L. c. 90, § 31 |
Headlights, one half hour after sunset | M.G.L. c. 90, § 7 |
Headlights, improper use of | 730 CMR 7.08(22)(a) & (b) |
Headphones, wearing while operating | M.G.L. c. 90, § 13 |
Height, operating vehicle when elevated or lowered | M.G.L. c. 90, § 7P |
Hit and run, person injured | M.G.L. c. 90, § 24 |
Hit and run, property damage | M.G.L. c. 90, § 24 |
Horn, improper use of | 730 CMR 7.08(21) |
Horn, operating without | M.G.L. c. 90, § 7 |
Horn, sound when necessary | 720 CMR 9.06(15) |
I
Ignition key, remove from unattended vehicle | M.G.L. c. 90, § 13 |
Improper entry to a way | 730 CMR 7.08(7) |
Improper passing | M.G.L. c. 89, § 1 |
Improper use of cutouts | 730 CMR 7.08(20) |
Inadequate equipment (brakes, directional signals, lights or safety devices) | 730 CMR 7.08(27) |
Inspection sticker, failure to display | M.G.L. c. 90, § 20 |
Inspection sticker, operating without | M.G.L. c. 90, § 7A |
Interfering with sign | 730 CMR 7.08(1)(a) |
Intersecting way, slow down when approaching | M.G.L. c. 90, § 14 |
J, K
Junior operator's license, operating in violation of | M.G.L. c. 90, § 8 |
Keeping to the right when overtaking another vehicle | 730 CMR 7.08(13) (a) & (b) |
L
Lane, marked, no straddling | 720 CMR 9.06(1) |
Learner's permit, motorcycle, violation of | M.G.L. c. 90, § 8B |
Learner's permit, operating in violation of | M.G.L. c. 90, § 8B |
License, Class 1-2-3 | M.G.L. c. 90, § 8A |
License, operating when not properly licensed | M.G.L. c. 90, § 10 |
License, violation of restriction | M.G.L. c. 90, § 8 |
Lights, operating motor vehicle with improper lights | M.G.L. c. 90, §§ 7 & 16 |
Liquor, operation of motor vehicle containing alcoholic beverage, minor (under age 21) | M.G.L. c. 138, § 34C |
M
Making a turn from the wrong lane of traffic | M.G.L. c. 90, § 14 |
Making a right turn on a red light where prohibited | M.G.L. c. 89, § 8 |
Meeting other vehicles, exercise due care when | M.G.L. c. 89, § 1 |
Minimum separation | 730 CMR 7.06(5)(f)4. |
Mirrors and reflectors, operating without proper | M.G.L. c. 90, § 7 |
Motorcycle, operating without proper equipment, lights and headgear | M.G.L. c. 90, § 7 |
Motorcycle, no more than two abreast | M.G.L. c. 89, § 4A |
Motorcycle, no passenger unless machine so designed | M.G.L. c. 90, § 13 |
Motorcycle, single file when passing | M.G.L. c. 89, § 4A |
N
Negligent loading | 730 CMR 7.08(5)(b) |
Negligently operating | M.G.L. c. 90, § 24 |
No stopping | 730 CMR 7.06(5)(f)5. |
Not reasonably to right for vehicle approaching from the opposite direction | M.G.L. c. 89, § 1 |
Noise, offensive, unreasonable (squealing tires) | M.G.L. c. 90, § 16 |
Not slowing down and keeping right of center on approaching intersection or corner where view is obstructed | M.G.L. c. 90, § 14 |
Not yielding to oncoming vehicles when making a left turn | M.G.L. c. 90, § 14 |
O
Obstructing emergency vehicle | M.G.L. c. 89, § 7 |
One way street | M.G.L. c. 89, § 10 |
One way street, left turn from | M.G.L. c. 90, § 14 |
Operating after suspension or revocation of registration | M.G.L. c. 90, § 23 |
Operating, at crosswalk yield to pedestrian | 720 CMR 9.06(27) |
Operating, being overtaken, must not increase speed | 720 CMR 9.06(5) |
Operating on a bet or wager | M.G.L. c. 90, § 24 |
Operating car not properly registered | M.G.L. c. 90, § 9 |
Operating, disobeying sign, signal or marker | 350 CMR 4.01(1) (7) |
Operating, don't enter intersection or crosswalk unless crossing can be completed | 720 CMR 9.06(6)(b) |
Operating, don't obstruct movement of traffic | 720 CMR 9.06(6)(a) |
Operating, don't pass unless safe | 720 CMR 9.06(3) (4) |
Operating, funerals and processions | 720 CMR 9.06(24) |
Operating in violation of license restrictions | M.G.L. c. 90, § 8 |
Operating, men & equipment in highway | 720 CMR 9.06(25) |
Operating at speed greater than reasonable or proper | M.G.L. c. 90, § 17 |
Operating, marked lanes staying within | 720 CMR 9.06(1) |
Operating, motorcycle without permanent seat | M.G.L. c. 90, § 13 |
Operating motor vehicle without liability policy | M.G.L. c. 90, § 34J |
Operating, no driving on sidewalks | 720 CMR 9.06(19) |
Operating, obey traffic signs, signals, markings | M.G.L. c. 90, § 18 |
Operating on road surface closed to travel due to construction or repair | 720 CMR 9.06(18) |
Operating, obey yield signs | 720 CMR 9.06(14) |
Operating on ways divided into lanes | M.G.L. c. 89, § 4A |
Operating through peephole in snow on windshield | M.G.L. c. 90, § 13 |
Operating truck or bus, using passing lane where signs prohibit | 720 CMR 9.08(5) |
Operating, turning where signs prohibit | 720 CMR 9.06(21) |
Operating, U-turn contrary to sign | 720 CMR 9.06(22) |
Operating unregistered car | M.G.L. c. 90, § 9 |
Operating, use right lane | 720 CMR 9.06(2) |
Operating without proper mirrors and reflectors | M.G.L. c. 90, § 7 |
Operator not to obstruct passing vehicle | M.G.L. c. 89, § 2, 730 CMR 7.08(14) |
P, Q
Parking lights | M.G.L. c. 90, § 7 |
Passing a vehicle stopped for a pedestrian in a crosswalk | M.G.L. c. 89, § 1 |
Passing bicycles, slow down | M.G.L. c. 90, § 14 |
Passing, care in passing another vehicle | 730 CMR 7.08(14) |
Passing, commercial vehicles, excess 2 ½ tons (except busses) use right lane pass in adjacent lane | M.G.L. c. 89, § 4C |
Passing, don't obstruct passer | M.G.L. c. 89, § 2 |
Passing horses, use care | M.G.L. c. 90, § 14 |
Passing on right, unless vehicle being passed is (a) making a left turn, (b) on one way street, (c) on a divided highway | M.G.L. c. 89, § 2 |
Passing school bus when flashers are on | M.G.L. c. 90, § 14 |
Passing vehicle forbidden if view is obstructed for less than 400 feet | M.G.L. c. 89, § 4 |
Pedestrian, failing to exercise due care to avoid colliding with | 720 CMR 9.06(28) 350 CMR 4.01(8) |
Pedestrian, must slow down for | M.G.L. c. 90, § 14 |
Permitting Operation by a person who has no legal right | M.G.L. c. 90, § 12 |
Procession, following vehicle ahead as closely as is practical and safe | 720 CMR 9.06(24) |
R
Racing | M.G.L. c. 90, § 24 |
Railroad crossing, failure to slow down | M.G.L. c. 90, § 15 |
Railroad crossing, failure to stop while lights are flashing or gate lowered | M.G.L. c. 90, § 15 |
Rear lights, must have | M.G.L. c. 85, § 15 |
Rear lights, operating without | M.G.L. c. 90, § 7 |
Red flag or light, rear of load | M.G.L. c. 90, § 7 |
Red flashing signal, stop | M.G.L. c. 89, § 9 |
Right of way, fire engines, patrol wagons, ambulances | M.G.L. c. 89, § 7 |
Right of way, failure to yield to an approaching vehicle | 720 CMR 9.06(14) |
Right of way, pedestrian in a crosswalk | M.G.L. c. 89, § 11 |
S
Safety glass, operating or permitting operation without | M.G.L. c. 90, § 9A |
School bus, driver's responsibilities | M.G.L. c. 90, § 7B |
School bus, railroad crossing, must stop and open door | M.G.L. c. 90, § 15 |
School bus, speed limited | M.G.L. c. 90, § 17 |
School zone, speed limit | M.G.L. c. 90, § 17 |
Siren law | M.G.L. c. 90, § 16 |
Slow down to pass pedestrian | M.G.L. c. 90, § 14 |
Slow moving vehicles, keep right on upgrade | M.G.L. c. 89, § 4 |
Slow moving vehicles, keep 200 feet apart | 720 CMR 9.06(8) |
Space between vehicles | 730 CMR 7.08(15) |
Speed at railroad crossings | M.G.L. c. 90, § 15 |
Speed, bridges | M.G.L. c. 85, § 20 |
Speed, certain vehicles to operate five m.p.h. below speed posted | M.G.L. c. 90, § 17 |
Speed, decrease for special hazards (pedestrians, traffic, weather) | M.G.L. c. 90, § 17 |
Speed, excess speed - construction zone | 730 CMR 7.08(12)(a) |
Speed, failure to regulate when men and equipment are on road | M.G.L. c. 90,§ 17 |
Speed, faster than posted | M.G.L. c. 90, § 17 |
Speed, greater than reasonable and proper | M.G.L. c. 90, § 17 |
Speed limit 15 m.p.h. near vehicle peddling merchandise, when flashing lights | M.G.L. c. 90, § 17 |
Speed limits, thickly settled district, school zone | M.G.L. c. 90, § 17 |
Speed, maximum speed | 730 CMR 7.08(6)(c) |
Speed, minimum speed | 730 CMR 7.08(6)(c) |
Speed, operating at dangerous speed | 730 CMR 7.08(6)(b) |
Speed, reasonable and proper | 730 CMR 7.08(6)(a) |
Speed, special regulations | M.G.L. c. 90, § 18 |
Speed, school bus | M.G.L. c. 90, § 17 |
Stolen car, operating | M.G.L. c. 90, § 24 |
Stop before passing school bus | M.G.L. c. 90, § 14 |
Stop sign, failure to completely stop | 720 CMR 9.06(13) |
Stop signs | M.G.L. c. 89, § 9 |
Stopping, standing, or parking | 730 CMR 7.08(17)(a) |
Street car, care in passing | M.G.L. c. 90, § 14 |
Street car, eight foot stopping law | M.G.L. c. 90, § 14 |
T
Tailgating | 720 CMR 9.06(7) |
Television in operator's view | M.G.L. c. 90, § 13 |
Throughways, right of way | M.G.L. c. 89, § 9 |
Tires too wide | M.G.L. c. 90, § 19 |
Traffic, refusing to comply with lawful order of police officer when directing | 720 CMR 9.07(3) |
Traffic control lights, failure to obey | 720 CMR 9.06(10) |
Traffic signals, flashing red is same as stop sign | M.G.L. c. 89, § 9 |
Tread depth, tires | M.G.L. c. 90, § 7Q |
Turning where signs prohibit | 720 CMR 9.06(23) |
Turning improperly | M.G.L. c. 90, § 14 |
U
Unauthorized entry or exit from a way | 730 CMR 7.05(3) |
Unauthorized or dangerous crossing of median or other area | 730 CMR 7.08(10)(a) |
Unauthorized use of breakdown lane | 730 CMR 7.08(9) |
Unauthorized use of cross-over | 730 CMR 7.08(10)(b) |
Unlawful speed on County Bridge | M.G.L. c. 85, § 20 |
Unattended vehicle, stop engine, set brakes, remove key from switch and from vehicle | M.G.L. c. 90, § 13 |
U-turn where signs prohibit | 720 CMR 9.06(26) |
V
Vehicles excluded area, operating or permitting one's vehicle to be operated where posted | M.G.L. c. 90, § 16 |
Violation of Department of Highways rule or regulation or by-laws relative to signs, lights, signal systems, traffic devices markings | M.G.L. c. 85, § 2 |
Violation of left lane exclusion of heavy vehicles | M.G.L. c. 89, § 4C |
Violation of right of way at intersecting ways | M.G.L. c. 89, § 8 |
Violation of gubernatorial by-laws on ways of the Commonwealth | M.G.L. c. 85, § 23 |
W, X
Wrong direction in Sumner, Callahan, or Ted Williams Tunnel | 730 CMR 7.05(2) |
Wrong way travel | 730 CMR 7.05(1) |
Y, Z
"Yield sign," failure to surrender to oncoming traffic, stop if necessary | 720 CMR 9.06(14) |
All Out-of-state Minor Traffic Violations which can be classified in any one of the above categories shall be counted as Minor Traffic Violations for the purposes of 211 CMR 134.00.
ADDITIONAL MINOR TRAFFIC VIOLATIONS
FOR INCIDENTS THAT OCCUR ON OR AFTER JANUARY 1, 2006
Employ unlicensed operator | M.G.L. c. 90, § 12(a) |
MAJOR TRAFFIC VIOLATIONS
Driving to endanger or reckless driving | M.G.L. c. 90, § 24 |
Leaving Scene of Accident after Injuring a Person | M.G.L. c. 90, § 24 |
Leaving Scene of Accident after Injuring a Property | M.G.L. c. 90, § 24 |
Leaving Scene of Personal Injury and Death | M.G.L. c. 90, § 24 |
Liquor and narcotics, operating under the influence of (including assignment to a driver alcohol education program or controlled substance treatment or rehabilitation program under M.G.L. c. 90, § 24D) | M.G.L. c. 90, § 24 |
Liquor and Narcotics, operating under the influence of and reckless operation causing serious injury | M.G.L. c. 90, § 24L |
Operating after revocation of license | M.G.L. c. 90, § 23 |
Operating after Suspension of Drivers License | M.G.L. c. 90, § 23 |
Refusing to Stop for Officer | M.G.L. c. 90, § 25 |
Vehicular homicide | M.G.L. c. 90, § 24G |
Manslaughter (only if by Motor Vehicle) | M.G.L. c. 265, § 13 |
Out-of-state incidents to be counted as Major Violations:
- Operating under the influence of liquor and/or narcotics, (including assignment to a driver alcohol education program)
- Vehicular homicide
ADDITIONAL MAJOR TRAFFIC VIOLATIONS
FOR INCIDENTS THAT OCCUR ON OR AFTER OCTOBER 28, 2005
OUI while license suspended for OUI | M.G.L. c. 90, § 23 |
Child endangerment while OUI | M.G.L. c. 90, § 24V |
Manslaughter while OUI | M.G.L. c. 265, § 13 ½ |
ADDITIONAL MAJOR TRAFFIC VIOLATIONS
FOR INCIDENTS THAT OCCUR ON OR AFTER JANUARY 1, 2006
Permit unlicensed suspended operation of MV | M.G.L. c. 90, § 12(b) |
Permit operation without ignition interlock | M.G.L. c. 90, § 12(c) |
Operate without ignition interlock | M.G.L. c. 90, § 24S(a) |
Tamper with ignition interlock | M.G.L. c. 90, § 24T(a) |
Bypass ignition interlock for another | M.G.L. c. 90, § 24U(a)(1) |