Mass. License Suspensions & Surcharges

Under the Safe Driver Insurance Plan (“SDIP”), created pursuant to G.L. c. 175, § 113B and administered by the Merit Rating Board, see G,L. c. 6, § 183, a record is compiled of each motor vehicle operator’s “at-fault accidents,” “convictions of moving violations of motor vehicle laws,” and “comprehensive claims totaling $2,000 or more.” G,L. c. 175, § 113B. Based on the number of such incidents that a driver has, a driver will fall into one of SDIP’s classifications, paying a higher or lower motor vehicle insurance premium depending on the driver’s particular record.  Surchargeable accidents and moving violations also result in license suspensions under the 7 surchargeable events law.

The Commissioner of Insurance has promulgated regulations pursuant to G.L. c. 175, § 113B, which are codified at 211 C,M.R, § 134.00, et seq., and which define a “surchargeable incident” as an at fault accident, a “traffic law violation,” or a comprehensive coverage claim.

If a traffic violation, moving  violation, or surchargeable accident has resulted in the loss of your Massachusetts Driver’s License, you have the right to be represented by a lawyer at a hearing before the Board of Appeal or the Registry of Motor Vehicles. After a hearing, you may be able to receive as 12 hour hardship license or a full reinstatement of your driver’s license. In some cases, it is possible to get the license suspension reduced to “time served.”

You have the right to appeal an adverse RMV decision to the Appeals Board and you can appeal a decision of the Board of Appeal on Motor Vehicle Liability Policies and Bonds to the Superior Court. An attorney can explain your license suspension appeal rights in Massachusetts. An appeal of the Board’s order to Superior Court must be made within 30 days, pursuant to G.L. c. 30A, § 14.