Immediate Threat Medical License Suspensions
The Registry imposes Immediate Threat Medical suspensions at the request of police officers or healthcare providers such as doctors or nurse practitioners. The purpose of the indefinite Immediate Threat Medical suspension is to take an allegedly dangerous driver off the road immediately until the driver can provide that he or she is medically qualified to safely operate a motor vehicle.
Getting reinstated from an immediate threat medical license suspension almost always obtaining medical clearance from your doctor, who will need to review the complaint that was filed against you and complete specific Registry forms indicating that you do not have a health condition that would prevent you from driving safely. These medical license suspensions are easily imposed and often difficult to resolve. To get the suspension terminated, you must attend a Registry hearing and the RMV Hearing Officer assigned to your case must be convinced that you are medically safe to operate before your license can be reinstated. Also, your doctor must certify that any medication that you are taking is not likely to interfere with safe driving.
In many cases, once the Registry Hearing Officer has determined that you are safe enough to take a road test, he or she will order a competency road test. This is the same road test that new drivers have to take when applying for a Massachusetts Driver’s License. If you pass the competency road test, you will be able to reinstate your license. If you fail the competency road test, the immediate threat medical license suspension will remain in place and you may be allowed to re-test. In some cases, the Registry refuses to grant re-tests to drivers who fail. If that happens, your only recourse would be to go before the Board of Appeal, and legal representation is strongly recommended.
The Board of Appeal is fairly sympathetic to drivers who have had their licenses suspended because of a medical immediate threat complaint. However, the Board will not compromise public safety by putting a driver on the road who is unsafe. The Board sometimes requires driving evaluations prior to ordering the RMV to issue a learner’s permit, which allows the driver to develop the skills necessary to pass a competency road test. Like the Registry, the Board requires evidence from health care professionals which shows that the driver can safely operate a motor vehicle.
Waiting and monitoring periods are sometimes imposed, during which time the driver has his or her condition monitored by a physician or psychiatrist. If the driver remains incident free during that monitoring period, he or she can apply for reinstatement. In loss of consciousness cases, the incident free period is 6 months. This can be waived in some cases, with proper medical documentation.
There are specific forms that are required and the physician who completes the forms must state that he or she has read the complaint that was filed against you. Letters from your doctor can be helpful but they do not take the place of the standard Medical Evaluation Forms required by the RMV. There are also standardized forms for Loss of Consciousness and a Psychiatric Evaluation Form, which can only be completed by a Physician or Psychiatric Nurse Practitioner.
If you are facing an immediate threat medical license suspension, you have the right to a hearing. Also, if the Registry of Motor Vehicles does not agree to reinstate your license, you have the right to Appeal the Registry’s decision to the Board of Appeal. In order to get your license reinstated from a medical license suspension, you will have to produce certain evidence, including a statement from a physician regarding your ability to safely operate a motor vehicle. Our lawyers have handled numerous medical suspension issues and are familiar with the Registry’s procedures and requirements. Contact us today to discuss your Medical License Suspension.
More Information Regarding Medical Suspensions
- AAA and Mass. RMV Offer Elderly Driving Classes
- Mass. RMV Safe Driving Programs
- Recent Immediate Threat & Medical Complaint Suspensions
- The New “Complaint Medical” Law
- New Law Regarding Medical License Suspensions in Mass.
- Laws Proposed to Reduce Impaired Driving
- Elderly Drivers & “Complaint Medical” or “Immediate Threat” Suspensions