There’s good news for Massachusetts Commercial Driver’s License Applicants and Holders!
The Massachusetts Registry of Motor Vehicles counts DUI convictions, Chemical Test Refusals, Chemical Test Failures, and Leaving the Scene of an Accident convictions as disqualifiers which will result in the denial of a Commercial Driver’s License (CDL) for new CDL applicants and the mandatory downgrade of a CDL for holders of these important licenses.
Under the Massachusetts CDL Law, DUI and Leaving the Scene cases that were CWOF’ed (continued without a finding) count just like convictions.
Unlike the U.S. Department of Transportation and most other states, the Mass. RMV counts offenses committed before the CDL holder or applicant was issued a CDL or CDL permit. The Registry also counts offenses that were committed in passenger cars and non-CDL vehicles.
Thanks in large part to Ben Simmoneau of WCVB (no relation), the Massachusetts Legislature enacted Chapter 313 of the Acts of 2024. This new law prevents the Registry from counting CDL disqualifiers that occurred on or before September 30, 2005. This only applies to individuals with one or two DUI convictions. Anyone who has 3 or more DUI convictions cannot benefit from this law change.
If you cannot benefit from the above-described CDL law change, you may be able to benefit from a Registry Regulation change that is scheduled to go into effect in July of 2025.
Subject to certain conditions and requirements, the Registry’s new CDL regulation will allow anyone with a Lifetime CDL Disqualification or Downgrade to be considered for a reduction of the lifetime sanction to 10 years, so long as the driver does not have a major CDL disqualification within the last 10 years. The Registry will require a background check, completion of an alcohol education program, and a substance abuse evaluation stating that the individual has a low risk of recidivism.
I testified in support of both the CDL law change and regulation change and I am glad that MassDOT is finally taking steps to give Massachusetts CDL holders and applicants some relief from what were the strictest CDL licensing requirements in the country. Stay tuned for more information.