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Fatal Accident Preliminary Suspensions in Massachusetts (FAP)

What they are, how they start, and what you can do next

When a crash in Massachusetts results in a fatality, the Registry of Motor Vehicles (RMV) can act very quickly. Under state law, the RMV will immediately suspend or revoke the involved driver’s license on a “Fatal Accident Preliminary” basis—often abbreviated as FAP—unless early facts indicate the driver may not have been at fault. This is an administrative public-safety action, separate from any criminal case.

The Legal Authority (and why this happens so fast)

Massachusetts General Laws c. 90, § 29 requires the Registrar to suspend the license “forthwith” after a fatal crash, unless a preliminary investigation suggests the operator may not have been at fault. After further investigation and a hearing, the Registrar either revokes the license or reinstates it if the accident occurred without serious fault by the operator.

Police must notify the RMV of fatal crashes promptly (often via CJIS), which is what triggers the RMV’s preliminary action.

What “preliminary” means in practice

  • Immediate, indefinite action: The FAP suspension/revocation starts right away and remains in place while the investigation proceeds. It is not time-limited.
  • Separate from criminal court: Even if you are never charged, the RMV can maintain the administrative suspension until it is satisfied the crash occurred without serious fault on your part.
  • No hardship licenses during FAP: Massachusetts does not issue hardship (“Cinderella”) licenses for FAP/Immediate Threat–type suspensions.

If the investigation clears you

If the evidence shows you were without serious fault, the RMV should reinstate your license. You may need to request a hearing and provide documentation that supports the finding (e.g., police reports, reconstruction findings, prosecutor letters if available).

If fault is found (or criminal charges are filed)

If investigators conclude you were at fault—or if you face charges such as motor vehicle homicide or manslaughter—the RMV can maintain the suspension, issue an Immediate Threat suspension under c. 90, § 22(a), or impose mandatory suspensions upon conviction. Convictions for vehicular homicide/manslaughter carry lengthy revocations (often 15 years for a first offense; lifetime for subsequent), and reinstatement may require retesting

Immediate Threat suspensions vs. FAP (know the difference)

  • FAP (c. 90, § 29): Triggered by a fatal crash. Focused on whether the operator may have been at fault; lifted if the accident is determined to have occurred without serious fault. Massachusetts General Court

  • Immediate Threat (c. 90, § 22(a)): Can be imposed whenever credible information shows a driver poses a danger to public safety (e.g., egregious driving, certain medical conditions), not limited to fatal crashes. Indefinite until the safety concern is resolved. No hardship license.

Your options to challenge or shorten a suspension

1) RMV hearing (Driver Control Unit)

You can seek a suspension/revocation hearing at designated RMV Service Centers. Bring everything that helps show you were not seriously at fault or that the public-safety concern has been mitigated (police reports, reconstruction summaries, witness statements, medical clearances, program completion proofs, etc.). Mass.gov

2) Board of Appeal (Division of Insurance)

If the RMV denies relief, you may appeal to the Board of Appeal on Motor Vehicle Liability Policies and Bonds. The Board can affirm, modify, or overturn the RMV’s action. Be prepared with organized evidence and, where available, final investigative finding

What to gather while you wait

  • Police report(s) and any Collision Analysis & Reconstruction findings when available
  • Names and contact information for witnesses
  • Photos/video, dashcam footage, and vehicle data if available
  • Any correspondence from prosecutors indicating charging decisions or declinations
  • Proof of compliance and risk-reduction steps (defensive driving, medical clearances, treatment or evaluation where relevant)

These materials can be crucial at the RMV or Board of Appeal stage.

After an out-of-state issue

If a related out-of-state action affects your right to operate in Massachusetts, you’ll typically need a recent clearance letter or certified driving record from that state to lift the Massachusetts hold, plus any MA reinstatement fees.

Frequently asked questions

How long does a FAP suspension last?
It’s indefinite until the RMV determines the crash occurred without serious fault on your part or until other proceedings resolve the underlying safety concerns.

Can I get a hardship license during a FAP suspension?
No. Hardship relief is not available for FAP or Immediate Threat suspensions.

Do I still need to go to court?
The administrative action is separate from any criminal or civil case. If you’re charged, those proceedings run on their own tracks. The RMV may wait for outcomes but is not required to.

What happens if I’m ultimately cleared?
If the RMV (after investigation/hearing) determines the accident occurred without serious fault, it should reinstate your license. If not, you can pursue relief at the Board of Appeal. Court

Key takeaways

  • A fatal crash can trigger a rapid, indefinite FAP suspension.
  • The question for the RMV is whether the accident involved serious fault by the operator.
  • No hardship licenses are available during FAP/Immediate Threat suspensions.
  • You can seek reinstatement through the RMV and, if denied, appeal to the Board of Appeal.

Sources consolidated