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D36 – Failure to Maintain Liability Insurance

Out of State Issues

The insurance industry uses the Registry of Motor Vehicles to rake in enormous profits by requiring the Registry to suspend the license of anyone who fails to maintain liability insurance.

If you have received a letter from the Massachusetts Registry of Motor Vehicles informing you that your driver’s license will be suspended for D36 – Failure to Maintain Liability insurance, you should contact a lawyer. It may be possible to get the suspension terminated or reversed.

D36 – Failure to Maintain Liability Insurance Suspensions

The Registry imposes these D36 – Failure to Maintain Liability Insurance suspensions when the Registry gets notified that a Massachusetts license holder or resident has been convicted of not having an automobile liability policy in effect. The Registry is legally authorized to impose these suspensions for violations which occur both in Massachusetts and in other states.

Under Massachusetts law, anyone convicted of D36 – Failure to Maintain Liability insurance, which is a criminal offense in Massachusetts pursuant to G.L. c. 90 Sec. 34J, will incur a 60-day suspension for a first offense and a 1 year suspension for a second offense committed within 6 years.

Many of these D36 – Failure to Maintain Liability insurance suspensions appear to originate from the New Jersey Motor Vehicle Commission’s Division of Compliance and Safety Uninsured Motorist Enforcement Unit. The New Jersey DMV takes administrative action against motorists who fail to maintain automobile liability insurance coverage by suspending their operating privileges in New Jersey and those suspensions carry over to Massachusetts.

Resolving a D36 – Failure to Maintain Liability Insurance Suspension

If you find yourself in the unenviable position of having to deal with one of these D36 suspensions, you should consult with a lawyer. In some cases, it is entirely possible to have these license suspensions terminated early or reversed entirely. If the D36 suspension is legally valid, you will have to pay a $500.00 reinstatement fee to reinstate from that suspension. If you have an Indefinite NRVC Withdrawal along with that suspension, the Registry will require you to pay an additional $100.00 reinstatement fee. You cannot pay these fees unless and until the Mass. RMV Suspension Department approves you for reinstatement.

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