The “6 Hour Rule” & Habitual Traffic Offender Revocations

Under the Massachusetts Habitual Traffic Offender Law, G.L. c. 90 Sec. 22F, the Registry Division of the Massachusetts Department of Transportation will revoke your driver’s license for a period of four (4) years if, during any five (5) year period, you have 3 or more convictions of major events such as operating under the influence, leaving the scene of an accident, driving without a license, operating after suspension or revocation or any other designated major offense. No matter how serious, surchargeable accidents do not count towards habitual traffic offender revocations. When calculating HTO revocations, the Registry will count of state convictions and motor vehicle violations if they appear on your Massachusetts Driving Record.

The Mass. RMV will also declare that you are a habitual traffic offender if you have, within any rolling five (5) year period, convictions or responsible findings for 12 minor violations  such as speeding or failure to stop for a stop sign, or any combination of major and minor violations which total twelve (12), during any 5 year habitual traffic offender period.However, as explained below, there is an exception to the 4 year license revocation requirement.

Under the Massachusetts Habitual Traffic Offender Law, when a person with a clean driving record, which shows no prior motor vehicle law violations, is convicted of multiple violations, the Registry must treat them as a single conviction, for the purposes of the Habitual Traffic Offender Law, so long as the violations occurred during a six (6) hour period. This “six hour rule,” may prevent the 4 year revocation of your license.

Also, for a four year habitual traffic offender revocation to be valid, the Registry must have sent notice of the revocation to the address on file with the RMV.

Check with a License Reinstatement Lawyer, such as Attorney Brian Simoneau, for more information regarding this exception to the Mass. Habitual Traffic Offender Law.