Transportation Network Driver Certificates

Having too many violations on your record or being convicted of DUI or operating after suspension or revocation of your driver’s license can have serious and long-lasting consequences in Massachusetts, especially if you are a professional driver or you drive for Uber or Lyft. These “ride sharing” and transportation network companies are now legally required to conduct background checks on their drivers and certain offenses will prevent the issuance of a background check certificate, which is required as a condition of employment as a Uber, Lyft, or other TNC driver. It is illegal to drive for a TNC in Massachusetts without a valid transportation network driver certificate and this requires passing a criminal and driving record check. background investigation.

For example, if you have two or more DUI, leaving the scene, or related convictions, including cases that were continued without a finding, you will be permanently banned from driving for a transportation network company in Massachusetts.

Single convictions or CWOFs for reckless driving, negligent operation, operating so as to endanger, use of a motor vehicle without authority, and making a false statement to the RMV will also operate as disqualifiers, for a period of seven years. A Habitual Traffic Offender revocation operates as a 7 year disqualifier.

Having your driver’s license suspended or revoked for reasons related to the operation of a motor vehicle will disqualify you from driving for Uber and Lyft for a period of 7 years.

You cannot drive for a TNC such as  Uber or Lyft if you have an ignition interlock device installed in your motor vehicle.

Convictions, including CWOFs, for certain sex offenses, violent crimes, fraud, exploitation offenses, and robbery will result in permanent disqualification. Being a registered sex offender will prevent an individual from driving for a TNC in Massachusetts, as will active arrest warrants, open cases, and a lack of experience as a licensed driver in Massachusetts.

You will be denied a transportation network driver certificate if your driving record includes more than 4 traffic violations or any major traffic violation, as defined by the division of insurance, in the 3 year period immediately preceding your record check.

Driving and criminal record checks are required for drivers at least twice per year. This means that you are at risk of losing your certificate based on your driving and criminal record, even if you passed an initial check.

If you have appeared before the Board of Appeal and obtained a hardship license or early reinstatement of your full license, that does not mean that the offense which triggered the suspension cannot be used against you or that the license suspension does not disqualify you from being issued a transportation network driver certificate.

No Hardship License for Child Support Suspension – No Exceptions

license_suspensionIf you owe child support to the Massachusetts Department of Revenue, you may be at risk of having your driver’s license indefinitely revoked by the Registry of Motor Vehicles. G.L. c. 90, § 22(g) requires MassDOT to indefinitely and automatically revoke a person’s driver’s license once the Massachusetts DOR has made a final determination regarding child support delinquency and the delinquent amount due remains unpaid. The law provides no right to a Registry hearing regarding this type of license revocation. Instead, an appeal hearing can be held at the Mass. Dept. of Revenue. This DOR Child Support Enforcement (CSE) hearing, which is held pursuant to G.L. c. 119A § 16 is the only avenue available to contest this type of mandatory license revocation. Absolutely no hardship license is available while a non-payment of child support revocation is in effect and there are no exceptions to this rule.  Neither the Registry nor the Division of Insurance Board of Appeal will grant hardship relief for this type of license loss and it makes no sense to hire a Registry lawyer to fight this type of suspension.

Child support arrearages are often the result of unfavorable divorce or other probate and family court judgments. The best away to avoid this type of situation is to hire the best divorce lawyer you can find, such as Attorney Mary Jo Hart, whose office is located at 290 West Main Street in Northborough, Massachusetts.

Once you have addressed the delinquency with the Child Support Enforcement Unit of the Massachusetts Dept. of Revenue (DOR), your license will not automatically be reinstated. Instead, you must pay a $100.00 reinstatement fee to resolve the indefinite revocation. The DOR is supposed to electronically notify the RMV that the delinquency has been addressed. If this does not happen automatically, you can bring a copy of the DOR release to a Registry Hearings Officer for entry into the MassDOT computer system.

Again, do not bother trying to get a hardship license if the Mass. DOR has revoked your license. No hardship licenses are available in this situation and, unfortunately, there are absolutely no exceptions. Instead, you must address the issue through the state Department of Revenue.