Out of Massachusetts State Violations

In most cases, a license suspension or other penalty cannot be avoided when you commit a motor vehicle violation in a state other than your home state. For example, if you are a Massachusetts resident and you commit a traffic violation while on vacation in Florida, you will still be held responsible for that violation due to the National Driver Register (NDR) and the Nonresident Violator Compact (NVC), of which Massachusetts is a member.

The Nonresident Violator Compact allows nonresident drivers with valid out-of-state licenses to receive traffic citations and continue on their way without being arrested or required to post bail, provided they agree to appear in court for the citation.

If a driver fails to pay a citation or appear at the hearing for an out-of-state violation, the Massachusetts Registry of Motor Vehicles is required to suspend that driver’s license indefinitely until the matter is resolved to the satisfaction of the other state’s DMV.

If your license is suspended or revoked under the NDR, you have the right to a hearing at the Massachusetts RMV and the right to be represented by an attorney. However, you cannot obtain a hardship license while serving an indefinite NDR suspension unless the state where the suspension originated grants hardship or limited driving privileges. In that case, a hardship license may only be obtained by appealing to the Board of Appeal, not directly through the RMV.

Only two issues can be raised at an NDR suspension hearing in Massachusetts:

1. That you are not the same person cited for the out-of-state violation, and the RMV suspended your license in error.

2. That the out-of-state citation or suspension has been resolved, and the RMV should reinstate your Massachusetts license.

These hearings do not determine guilt or innocence for the out-of-state violation, as MassDOT lacks jurisdiction. Determinations of guilt can only be made by the state where the violation occurred.

Resolving out-of-state suspensions can be confusing and complex. A qualified lawyer can guide you through the process and help ensure your Massachusetts driving privileges are restored.

All active out-of-state NDR suspensions must be resolved before you can appear for a hardship license hearing on any other suspension.