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Mass. RMV Suspends for 7 Surchargable Events in 3 Years

Massachusetts Registry News

The Registry will suspend your license for 60 days for the accumulation of 7 surchargeable events within any 3 year period.

However, you can appeal the suspension to the Division of Insurance Board of Appeal and attempt to get the suspension reduced or get a 12 hour limited hardship license.

The only issue that can be addressed at Registry hearings on 7 surchargeable event suspensions is the accuracy of your driving record. Therefore, you are not required to appear for a Registry hearing unless you can provide proof that any of the 7 violations relied upon for the suspension are under appeal or that any of the decisions have been reversed through the court system. The actual findings of any of the surchargeable events listed in your suspension letter must have been challenged, prior to your hearing, at the appropriate court or Board of Appeal Insurance Division hearing, and you must present proof of that finding to the Regsitry. Other challenges to the surchargeable events will not be re-addressed at your RMV hearing. There is no requirement that you attend a hearing if you do not meet the above-listed conditions.

At the end of the suspension period you will be required to pay a $100 reinstatement fee. The 60-day suspension is mandatory under Massachusetts law. However, it can be appealed as discussed above. Contact a lawyer for more information. Attorney Brian E. Simoneau has achieved outstanding results in challenging and reversing these 7 surchargeable event suspensions.

Not all 7 surchargeable event suspensions are legally valid. Some of these suspensions are based on equipment and other violations. G.L. c. 175 § 113B specifically requires that these suspensions be based on at car accidents where the driver was found to be more than 50% at fault and “convictions of moving violations of motor vehicle laws.” Many of the violations upon which the Registry relies to impose these suspensions are not “moving violations,” as the law plainly requires.

Probably in an effort to reduce the number of 7 surchargeable event hearings, the suspension letter sent by the Registry states, “No hardship or work license is authorized by law.” However, this is absolutely incorrect. While the Registry might refuse to grant hardship relief, the Board of Appeal can and does grant hardship licenses to qualified candidates. In some cases, the Board even grants early reinstatements of the Appellant’s full-time driver’s license.

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