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Framingham Hardship License Lawyer

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The Board of Appeal on Motor Vehicle Liability Policies and Bonds, which was established pursuant to G.L. c. 26, § 8A within the Massachusetts Division of Insurance hears hardship license requests and driver’s license suspension appeals, such as those for 7 surchargeable events. The Board of Appeal also administers and interprets the Safe Driver Insurance Plan.

According to the Board, motor vehicle equipment regulations are in place to prevent dangerous roadway situations caused by improperly equipped motor vehicles. Brake lights signal other drivers that a vehicle is stopping, Defective or inoperative brake lights are clearly dangerous and a public safety issue. The Board of Appeal has ruled that a defective equipment/brake light violation is significant and merits inclusion as a reportable traffic law violation under the Safe Driver Plan. The Board has concluded that these violations which result in a responsible finding can count towards a 7 surchargeable events suspension.

Under G.L. c. 175, § 113B, a seventh surchargeable event within years will result in a license suspension and it has upheld license suspensions based on  defective equipment/brake light violations. The Board believes that Motor vehicle equipment regulations are in place to prevent dangerous roadway situations caused by improperly equipped motor vehicles. The Appeals Board has ruled that brake lights signal other drivers that a vehicle is stopping, Defective or inoperative brake lights are clearly dangerous and a public safety issue. According to the Board, a defective equipment/brake light violation is significant and merits inclusion in the calculation for a 7 surchargeable events suspension and as a reportable traffic law violation under the Massachusetts Safe Driver Plan.

The good news is that the Board of Appeal has the authority to grant hardship licenses and full reinstatements on 7 surchargeable events suspensions.

Pursuant to G.L. c. 175, § 113B, the Massachusetts Registry of Motor Vehicles will automatically suspend your license or right to drive in Massachusetts for a period of 60 days for seven “at-fault” motor vehicle accidents or convictions of moving violations of motor vehicle laws during any rolling three (3) year period. The Mass. RMV will not consider you for a hardship license for a 7 surchargeable events suspension. However, the Board of Appeal hears these cases and may grant relief in the form of a 12 hour hardship license or a full license reinstatement. Also, there may be other ways to fight your 7 surchargeable events suspension. I have been fairly successful in challenging these 60 day license suspensions by getting them terminated and, in some cases, preventing them from going into effect.

Prior to suspending your driver’s license for 7 surchargeable events, the Registry is required to send you a letter advising you of the pending suspension and listing the surchargeable events upon which the suspension is based. The 7 surchargeable events which comprise the suspension must have been incurred within a 3 year period. When making this determination, it is not the incident date but the finding date which is used.

Multiple automobile law violations committed in a single incident will be counted separately. This means if you are cited for more than one surchargeable event on a single ticket, each event will count against you and the Registry will not treat them as one, even though the violations were committed at the same time.

Not all violations will generate these suspensions. Under the law, only “moving violations” are to be counted. Nevertheless, the Registry counts equipment, registration, and many other non-moving violations towards these license suspensions.

In addition to imposing 60 day license suspensions for 7 surchargeable events, the Registry will impose license suspension for 3 surchargeable events, which can be prevented from going into effect by taking the 8 hour National Safety Council Driver Re-Training Class. Unfortunately, taking the class will not prevent a  7 surchargeable events suspension from going into effect.

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