1. Keeping Your License
Chapter 2

2. YOUR DRIVING RECORD The RMV tracks your history as a driver.
This is called your driving record.
Your record lists three types of events that can cause you to lose your driving privileges:
• Civil motor vehicle infractions
• Criminal violations
• Motor vehicle crashes where you are found to be more than percent at fault

3. Driving in MA is a Privilege Not a Right
When you break a driving law, you may receive a citation.
A citation requires you to
pay a fine,
lose your driving license,
appear in court,
or, go to jail.
You can also lose your license if you get several traffic violations for driving above the speed limit or failing to obey traffic signals.
Motor vehicle violations can be civil or criminal.

4. Civil Motor Vehicle Infractions
Civil violations are non criminal.
These violations are also called moving violations.
Speeding violations
Not obeying traffic signals
You usually pay a fine for these violations.
You have up to 20 days to pay the fine or dispute the violation.
If you don’t pay within 20 days then you may receive a large late fee.
$$$$$

5. Speeding Violations
The lowest penalty for driving above the speed limit is a $105 fine. If you drive more than 10 miles per hour (mph) over the speed limit, you must pay an extra $10 for each mph you were traveling above the first ten. For example, if you drive 73 mph on a highway with a posted speed limit of 55 mph, you would get a $185 dollar fine. Your Speed: 73 mph Speed Limit: 55 mph 18 mph over the limit First 10 mph $105 Next 8 mph (8 x 10) $80 Total fine $185 Speeding causes vehicle crashes. If you are caught speeding in a WORK ZONE the fine is double. If you have 3 speeding violations in one year, your license may be revoked for 30 days. If you have a Junior Operator’s License, a 1st offense will cause a 90-day license suspension.

6. Speeding Violations
A police officer pulled you over because you were driving 45 miles per hour in a 20 mph school zone. What will your fine be? Your Speed: 45 mph Speed Limit: 20 mph 25 mph over the limit First 10 mph $105 Next 15 mph ( x 10) $150 Total fine $255

7. Criminal Violations Criminal motor vehicle violations are serious.
If you commit a criminal motor vehicle violation, you may
be arrested immediately,
your vehicle may be towed,
your license may be taken away,
and you may be sent to jail until you go to court.
If you are convicted of a criminal motor vehicle offense, the court will set any fine or prison term.
Criminal motor vehicle offenses include:
driving with a suspended license,
operating under the influence (OUI),
leaving the scene of a crash.

8. Other Criminal Violations
A police officer may arrest you and you may face criminal charges if you refuse to…
Give your name and address
Give the name and address of the person who owns the vehicle
Show your driver’s license
Show a valid registration certificate for the vehicle
Sign your name in front of the officer

9. At Fault Accidents
Your driving record is affected if you are at fault in a motor vehicle accident.
“At fault” means that you caused an accident.
You are more than 50% at fault for an accident if your insurance company...
Finds you at fault according to one of the 19 Standards of Fault. (These are listed at the end of Chapter Six in the RMV Driving Manual)
One example is causing an accident while driving on the wrong side of the road.
Another example is crashing into another vehicle from behind.
Has paid more than $500 for collision, limited collision, or damage to someone else’s property.
Has paid more than $500 for bodily injury.
All at-fault accidents you are charged with are listed on your driving record.
At-fault accidents and motor vehicle violations count toward possible license suspension.

10. Surchargeable Events
Motor vehicle violations and at-fault accidents are called “surchargeable events”.
Each surchargeable event counts toward a possible license suspension.
If you have 3 surchargeable events within a 2-year period, your license may be suspended.
The RMV will send you a letter telling you to complete a Driver Retraining course.
You must complete the retraining course within 90 days or your license will be suspended until you complete the course.
If you have 7 surchargeable events within a 3-year period, your license will be suspended automatically for 60 days.
Surchargeable events also affect your motor vehicle insurance.

11. Alcohol, Drugs and Driving
You cannot drive safely after drinking alcohol or taking other drugs.
Even small amounts of alcohol or other drugs can lower the mental and physical abilities you need to drive safely. This includes some over-the-counter medicines.
You may not have an open alcoholic drink inside your vehicle, even if someone else is holding it. You will be fined $100 to $500. If you are under 21, you will be arrested, fined, and your license will be suspended.
Safety must always be your first responsibility.
Each year in the U.S., alcohol causes nearly 40% of all highway deaths.
+ Plus thousands of drivers, passengers, and pedestrians are seriously hurt.
+ There are millions of dollars in damage.
+ There are the tragedies that friends and families must face.
All drivers will fail a chemical test if they have a Blood Alcohol Content (BAC) of .08 or greater.
Any driver under 21 will face penalties for having a BAC of .02 or higher.

12. ALCOHOL Slows your reflexes Increases the time you need to react
Distorts your vision and judgment
Makes you feel more confident to take chances
Even one drink can affect your driving
Operating a vehicle under the influence of alcohol is a criminal offense!

13. YOUR BLOOD ALCHOL CONTENT (BAC)
Depends on many factors:
Your body weight
How much alcohol you drank
The amount of food you ate before drinking
The length of time you have been drinking
The speed your body processes alcohol

14. Marijuana Makes it more difficult to respond to sights and sounds
Lowers your ability to handle quick tasks
Causes a bad loss of night vision
Is legal in MA but operating a motor vehicle while under the influence is illegal
Operating under the influence of drugs is a criminal offense

15. Penalties for Operating a Motor Vehicle Under the Influence of Alcohol or Drugs
Because driving under the influence is so dangerous, Massachusetts has very strong penalties for OUI violations.
Conviction
Fine
Prison Term
License Suspension
1st Offense
$500 - $5,000
Max. 2 ½ years
1 year (the court may allow you to take an alcohol education course to reduce your license suspension period)
2nd Offense
$600–$10,000
Min. 30 days
Max 2 ½ years
2 years
3rd Offense
is a felony
$1,000–$15,000
Min. 150 days
Max. 5 years
8 years
4th Offense
Is a felony
$1,500–$25,000
Min. 1 year
10 years

16. LICENSE SUSPENSIONS FOR REFUSING A CHEMICAL TEST!
AGE
License Suspension
Over 21
No Prior OUI Offenses
One Prior OUI Offense
Two Prior OUI Offenses
Three or More
180 days
3 years
5 years
Lifetime
18-21
3 years days
5 years days
Under 18
3 years + 1 year
5 years + 1 year

17. Buying, Possessing or Transporting Alcohol
If you are under 21 years old and you buy, or try to buy alcohol, your license will be suspended for 180 days. No one can have an open container of alcohol in a vehicle. You can be fined $100 to $500. If you are under 21, you will be arrested, fined and your license will be suspended!

18. License Suspensions Situation Explanation Suspension Period
Fee to Reinstate
3 Speeding
Violations
3 speeding violations within a 1-year period.
30 days
$100
3 Surchargeable
Events
Any combination of moving violations and surchargeable accidents that total 3 surchargeable events within a
2-year period.
Must complete Driver Retraining course within 90 days or license
will be suspended until course is completed
7 Surchargeable
Any combination of moving violations and surchargeable accidents that total 7 surchargeable events within a
three-year period.
60 days
Habitual Traffic
Offender
A total of 3 major moving violations or any combination of 12 major or minor moving violations within a 5-year period.
Four years
$500

19. Other Reasons for License Suspension
The Registrar can also choose to suspend or revoke a license in the following cases: • Immediate threat — If your driving is an immediate threat to public safety • Improper operation — If you have operated a motor vehicle improperly • Fake ID — If you have done any of the following: Transferred, altered, or defaced a license/ID Made, used, carried, sold a false license/ID Used somebody else’s license/ID Given false information to get a license/ID Since a driver’s license is a PRIVILEGE and not a RIGHT, the Registrar is also required by law to suspend a driver's license for some reasons not related to driving. • You have failed to pay required child support • You have an outstanding arrest warrant • You have failed to register as a sex offender • You have been convicted of a drug offense • You have failed to pay Massachusetts income tax • Have made a bad payment to the RMV