§ 8 — Operator's licenses; applications; examinations

Massachusetts § 8

• Jurisdiction: Massachusetts
• Part I: ADMINISTRATION OF THE GOVERNMENT
• Title XIV: PUBLIC WAYS AND WORKS
• Ch. 90: MOTOR VEHICLES AND AIRCRAFT

Text

Section 8. Application for a license to operate motor vehicles may be made by any person except a person who has been licensed and whose license is not in force because of revocation or suspension or whose right to operate is suspended by the registrar; provided, however, that no such license shall be issued to a person whose junior operator's license has been suspended or revoked or whose right to operate has been suspended while so operating under a junior operator's license until the full term of such suspension or revocation has been served without regard to the age of such person. Before a license is granted pursuant to this section, the applicant shall pass such examination as to his qualifications as the registrar, without discriminating as to age, shall require; and no license shall be issued until the registrar or his authorized agent is satisfied that the applicant is a proper person to receive it and, if applicable, has surrendered his junior operator's license or operator's license issued by another state; and, except as hereinafter provided, no such license shall be issued to any person under eighteen years of age. Each applicant shall submit with his application a birth, baptismal or school certificate or such other satisfactory evidence of his age as the registrar may require. If the registrar has reasonable cause to suspect that any document presented by an applicant as proof of identity or age is altered, false or otherwise invalid, the registrar shall refuse to grant the license until the registrar is satisfied as to the applicant's true identity or age. Each applicant shall state his military status in such application, and the registrar shall record such status in the central computer system of the registry. Each applicant shall be asked in writing whether he wishes to become an organ or tissue donor in such license application or renewal thereof, including any online renewal.A junior operator's license may, under the rules and regulations established by the registrar, be issued to a minor under 18 years of age who has:(a) held a valid learner's permit issued pursuant to section 8B or a similar law of another state for a period of not less than six months immediately preceding the date of application for a junior operator's license under this section and, during such period, has maintained a driving record free of any surchargeable incidents, as described in section 113B of chapter 175 or a similar law of another state and has not had such permit suspended under section 24P or a similar law of another state and has not been convicted of violating any alcohol-related or drug-related law of the commonwealth or a similar alcohol-related or drug-related law of any other state. For the purposes of this section, an alternative disposition of a violation including, but not limited to, having such violation continued without a finding or placed on file shall be deemed to be a conviction. Nothing in this section shall be construed to affect any penalty, fine, suspension, revocation or requirement that may be imposed under any other law of the commonwealth;(b) attained the age of 16 and one-half years;(c) successfully completed a driver education and training course, including a module on the science related to addiction and addictive substances which shall also include the impact of psychoactive substances on the brain and the effect of such substances on a person while operating a motor vehicle, approved by the registrar and presented, in such form as the registrar may require, a certified statement from a parent or guardian, or designee 21 years of age or older if the applicant is an emancipated minor, that in addition to the requirements of the driver education and training course the applicant has completed not less than 40 hours of supervised driving, or 30 hours of supervised driving if the applicant has successfully completed a driver skills development program in a closed, off-road course, as licensed by the registrar pursuant to section 32G1/2. The registrar shall determine the appropriate method to enforce compliance with the supervised driving requirements provided in this clause. The driver education and training course shall consist of not less than 30 hours of classroom instruction. The driver education and training course shall also consist of not less than 18 hours of on-road instruction conducted by a certified driver education instructor in a motor vehicle. A student shall have not less than 6 hours of observing another student driver and not less than 12 hours of operating a motor vehicle, but no student shall have more than 1 on-road session per day and no session shall be for more than 2 hours in length. The applicant's parent or guardian, or designee where applicable, shall participate in not less than 2 hours of instruction on the content of driver education curriculum, including a module on the science related to addiction and addictive substances which shall also include the impact of psychoactive substances on the brain and the effect of such substances on a person while operating a motor vehicle. The registrar shall promulgate regulations to establish the appropriate method of providing the instruction and to enforce compliance. The regulations shall exempt a parent or guardian, or designee where appropriate, from receiving the instruction if he has participated within the preceding 5 years.(d) successfully completed such examination and driving test as the registrar may require; and(e) submitted an application on a form furnished by the registrar, signed by both the applicant and a parent or guardian, along with the fee provided in section 33.No person holding a junior operator's license shall operate a motor vehicle during the first 6 months of licensure while a person under 18 years of age, other than the operator or an immediate family member of the operator, is present in the vehicle unless also accompanied by another person, duly licensed by his state of residence, who is at least 21 years of age with at least 1 year of driving experience and who is occupying a seat beside the driver. A junior operator who violates this paragraph shall have his license suspended for 60 days for a first offense, for 180 days for a second offense and for 1 year for a third or subsequent offense. The suspension shall be imposed in addition to any other penalty, fine, suspension, revocation or requirement that may be imposed for such violation. A junior operator whose license is suspended for a second or subsequent violation of this paragraph shall not be eligible for license reinstatement until he also completes a program selected by the registrar that encourages attitudinal changes in young drivers who have committed a violation of the motor vehicle laws. The passenger restriction provided in this paragraph shall be tolled during any suspension or revocation of a person's junior operator's license. The registrar may exempt a junior operator from the passenger restriction if the junior operator is an emancipated minor.A minor under 18 years of age may be issued a motorcycle license or motorcycle endorsement if the minor: (i) meets the requirements for a junior operator's license set forth in clauses (a) to (e), inclusive; and (ii) successfully completes a motorcycle basic rider course approved by the registrar and presents proof of such completion in such form as the registrar may require.No person holding a junior operator's license shall operate a motor vehicle between the hours of 12:30 a.m. and 5:00 a.m. unless accompanied by a parent or legal guardian. The holder of a junior operator's license shall have the license in his possession at all times when operating a motor vehicle. A junior operator who violates the time restriction provided in this paragraph shall be deemed to be operating a motor vehicle without being duly licensed under this chapter. In addition to the penalty provided in section 10, the license of a junior operator deemed to be operating a motor vehicle without being duly licensed shall be suspended for 60 days for a first offense, for 180 days for a second offense and for 1 year for a third or subsequent offense; provided, however, that for such operation between the hours of 12:30 a.m. and 1:00 a.m. and between 4:00 a.m. and 5:00 a.m., this paragraph shall be enforced by law enforcement agencies only when a junior operator has been lawfully stopped for a violation of the motor vehicles laws or for some other offense. A junior operator whose license is suspended for a second or subsequent violation of this paragraph shall not be eligible for license reinstatement until he also completes a program selected by the registrar that encourages attitudinal changes in young drivers who have committed a violation of the motor vehicle laws. The registrar may exempt a junior operator from the time restriction if the junior operator is an emancipated minor.No person holding a junior operator's license shall operate a vehicle requiring a commercial driver's license issued under chapter 90F.The registrar may exempt a person licensed under the provisions of the preceding paragraph regarding time of operation if such person is a fire fighter as defined in section seven of chapter four while such person is in the act of responding to or returning from a request for initial or mutual aid assistance from a fire department or any related matter or if the person is an emergency medical technician certified under the provisions of section six of chapter one hundred and eleven C while such person is in the act of responding to or returning from a request for medical assistance or any related matter. No such exemption shall be given until application has been made to the registrar accompanied by the approval of the chief of the fire department or head of the emergency medical services agency, the approval of the chief of police of the city or town wherein such services are to be performed and the approval of the parents or legal guardian of such person. Upon receipt of such application and approvals, the registrar shall issue a written exemption to said licensee which shall contain no additional terms or conditions and which shall be valid upon receipt. Upon termination of such licensee's services, the fire chief or agency head shall notify the registrar who shall forthwith revoke said exemption. Said exemption may be unilaterally revoked by any person whose approval was required. Said revocation shall be reported forthwith to the other approving parties and to the registrar with a written reason. Said revocation shall not be appealed. Said exemption may be reissued upon submission of a new application with required approvals.[ Eighth paragraph effective until July 1, 2023. For text effective July 1, 2023, see below.]The registrar shall send notice of a suspension of a junior operator's license for a violation of this chapter to the junior operator, and to the junior operator's parent or guardian if the junior operator is not an emancipated minor. The registrar shall include in the notice of suspension of a junior operator's license for a first offense violation under section 17 or section 17A, or under a special regulation under section 18, information on the penalties for a second offense violation of said section 17, 17A or 18.[ Eighth paragraph as amended by 2023, 28, Secs. 40 and 41 effective January 1, 2024. See 2023, 28, Sec. 109. For text effective until January 1, 2024, see above.]The registrar shall send notice of a suspension of a junior operator's license for a violation of this chapter to the junior operatorand, separately, to the junior operator's parent or guardian if the junior operator is not an emancipated minor. Such notice shall be sent within 30 days after the disposition of the violation that triggered the suspension of the junior operator's license. The registrar shall include in any such notice information on: (i) the requirement that the junior operator complete the state courts against road rage program sponsored by the trial court and the department of state police; and (ii) the license reinstatement process, including, but not limited to: (a) any reinstatement fees and surcharges; (b) the requirement that the junior operator complete a program selected by the registrar that encourages attitudinal changes in young drivers; and (c) the requirement that the junior operator successfully complete a driving test as required by the registrar. The registrar shall include in the notice of suspension of a junior operator's license for a first offense violation under section 17 or section 17A, or under a special regulation under section 18, information on the penalties for a second offense violation of said section 17, 17A or 18.If for any reason the registrar or his agents are unable to examine an applicant for a license promptly, the applicant may be issued a receipt for the fee paid, provided that the applicant shows that he is duly licensed in a state or country which state or country the registrar has finally determined prescribes and enforces standards of fitness for operators of motor vehicles substantially as high as those prescribed and enforced by this commonwealth. Said receipt shall be carried in lieu of the license, and for a period of sixty days from the date of its issue said receipt shall have the same force and effect given to the license by this chapter.To each licensee shall be assigned some distinguishing number or mark, and the licenses issued shall be in such form as the registrar shall determine. They may contain special restrictions and limitations. They shall contain a photograph of the licensee, the distinguishing number or mark assigned to the licensee, his name, his place of residence and address, a brief description of him for purposes of identification, and such other information as the registrar shall deem necessary.A license shall include the word "Veteran'' upon presentation of sufficient evidence, as determined by the registrar, that a person is a veteran as defined in clause Forty-third of section 7 of chapter 4. A fee for a license that includes the word "Veteran'' shall be equal to or less than the fee required for a license without such designation.Any fees associated with applying for an amended license for the purpose of obtaining a veteran's indicator shall be equal to or less than the fee required for a license without such designation and may be waived for any veteran over the age of 70.The photographs of licensees appearing on all operator's licenses shall be a straightforward looking view of the licensee without eyeglasses and with a distinctive license for persons under the age at which they can purchase alcoholic beverages as defined by section thirty-four of chapter one hundred and thirty-eight. An applicant for the renewal of a license, who is required to have a new photograph appear on the license upon renewal, may be granted a 1-year extension of the use of the applicant's current license photograph if the applicant presents documentation by a licensed physician that the applicant has undergone medical treatment for an illness resulting in temporary changes to the physical characteristics of the applicant that would be apparent in an image captured by the registrar; provided, however, that the applicant shall obtain a new photograph within 1 year of the extension.A person to whom a license has been issued under this section shall not operate motor vehicles other than those for which such license has been made valid by the registrar. All operators of motor vehicles and trailers which are regarded as registered under a general distinguishing number or mark as provided in section five and motor vehicles and trailers owned and operated by the commonwealth or any of its political subdivisions shall be subject to the rules and regulations establishing classifications for operator's licenses. In absence of a registered gross weight for such vehicle or trailer, the gross vehicle weight rating as established by the original manufacturer of the chassis shall be used to determine the class of license required to operate the aforementioned motor vehicles and trailers.Every person licensed to operate motor vehicles as aforesaid shall endorse his name in full in a legible manner on the margin of the license, in the space provided for the purpose, immediately upon receipt of said license, and such license shall not be valid until so endorsed.Every person licensed to operate motor vehicles as aforesaid shall report to the registrar every change in his military status, and the registrar shall record such change in status in the central computer system of the registry.A license or any renewal thereof issued to an operator shall be valid from the date of issue and shall expire on a date to be determined by the registrar which shall be not more than 60 months from the date of issue, provided, however, that the registrar may authorize a 1-year extension of the period of license validity for a licensee who has undergone medical treatment for an illness resulting in temporary changes to the physical characteristics of the applicant that would be apparent in an image captured by the registrar, as authorized in this section and section 8E. For the purposes of this section, a license issued to an operator born on February 29 shall expire on March 1. An applicant for renewal of a license who is 75 years of age or older shall apply for renewal in person at a registry branch office.Applications for licenses shall be in such form as may be prescribed by the registrar and shall be signed by the applicant under oath. Only a resident of the commonwealth shall be eligible to apply for a driver's license issued by the registrar. If an applicant is under 18 years of age, the application shall be accompanied by the written consent, in such form as the registrar shall determine, of a parent or guardian or other person standing in place of a parent of the applicant. The photograph or facial image of the applicant required to be made a part of any license issued by this section shall be retained with the application for the period of time required by regulations of the registrar even if a driver's license has not been issued.[ Nineteenth paragraph effective until July 1, 2023. For text effective July 1, 2023, see below.]The registrar shall issue more than 1 type of license which shall be in such form and type as may be prescribed by the registrar. The registrar shall issue 1 type of license that is compliant with the REAL ID Act. An applicant for a license shall provide documentation and demonstrate qualifications acceptable to the registrar. REAL ID-compliant licenses shall be suitable for federal identification purposes and shall be so marked. The registrar shall also issue a Massachusetts license to an applicant who provides documentation and demonstrates qualifications acceptable to the registrar. A Massachusetts license shall not be used for federal identification purposes and shall be so marked. No REAL ID-compliant license shall be issued to a person who fails to provide proof of lawful presence; provided, however, that United States citizens and other persons who provide proof of lawful presence may elect to apply for either a REAL ID-compliant license or a Massachusetts license. No license of any type may be issued to any person who does not have lawful presence in the United States.[ Nineteenth paragraph as amended by 2022, 81, Sec. 1 effective July 1, 2023. See 2022, 81, Sec. 10. For text effective until July 1, 2023, see above.]The registrar shall issue more than 1 type of license which shall be in such form and type as may be prescribed by the registrar. The registrar shall issue 1 type of license that is compliant with the REAL ID Act. An applicant for a license shall provide documentation and demonstrate qualifications acceptable to the registrar. REAL ID-compliant licenses shall be suitable for federal identification purposes and shall be so marked. The registrar shall also issue a Massachusetts license to an applicant who provides documentation and demonstrates qualifications acceptable to the registrar. A Massachusetts license shall not be used for federal identification purposes and shall be so marked. No REAL ID-compliant license shall be issued to a person who fails to provide proof of lawful presence; provided, however, that United States citizens and other persons who provide proof of lawful presence may elect to apply for either a REAL ID-compliant license or a Massachusetts license. An applicant for a license under this section who does not provide proof of lawful presence, including an applicant who is ineligible for a social security number, shall be eligible for a Massachusetts license to operate a motor vehicle if the applicant meets all other qualifications for licensure and provides satisfactory proof to the registrar of their identity, date of birth and Massachusetts residency. When processing an application for a Massachusetts license pursuant to this section or a learner's permit pursuant to section 8B, the registrar shall not inquire about or create a record of an applicant's citizenship or immigration status except as may be required under title 52 of the United States Code or chapter 51 of the General Laws. When processing an application for registration of a motor vehicle, or a renewal thereof, submitted by an applicant who holds a Massachusetts license the registrar shall not inquire about or create a record of an applicant's citizenship or immigration status.[ Twentieth paragraph effective until July 1, 2023. For text effective July 1, 2023, see below.]The registrar may issue a REAL ID-compliant license or a Massachusetts license for a term of less than 60 months to a resident of the commonwealth who is lawfully present in the United States for a period of at least 12 months; provided, however, that the expiration date of any such license shall be coterminous with the expiration date of the licensee's authorized stay in the United States, as evidenced by acceptable documents or information provided to the registrar. If a licensee is authorized to stay in the United States for at least 12 months but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, a license issued shall expire not later than 12 months from the date of issue. No license of less than 60 months in duration shall be renewed unless the license holder provides documentation satisfactory to the registrar that the license holder is authorized to remain in the United States. Any such license shall have an expiration date coterminous with the expiration of the authorized stay. All licenses issued for less than 60 months in duration shall be marked as temporary.[ Twentieth paragraph as amended by 2022, 81, Secs. 2 to 4 effective July 1, 2023. See 2022, 81, Sec. 10. For text effective until July 1, 2023, see above.]The registrar may issue a REAL ID-compliant license for a term of less than 60 months to a resident of the commonwealth who is lawfully present in the United States for a period of at least 12 months; provided, however, that the expiration date of any such license shall be coterminous with the expiration date of the licensee's authorized stay in the United States, as evidenced by acceptable documents or information provided to the registrar. If a licensee is authorized to stay in the United States for at least 12 months but lacks acceptable evidence of a specific date by which such stay in the United States shall be terminated, a REAL ID-compliant license issued shall expire not later than 12 months from the date of issue. No license of less than 60 months in duration shall be renewed unless the license holder provides documentation satisfactory to the registrar that the license holder is authorized to remain in the United States. Any such license shall have an expiration date coterminous with the expiration of the authorized stay. All licenses issued for less than 60 months in duration shall be marked as temporary. If, at the expiration of the term of a REAL ID-compliant license, the licensee does not provide proof of lawful presence, the licensee shall remain eligible to apply for a Massachusetts license.An applicant for a license under this section shall be required to answer questions on the examination to determine the applicant's knowledge of the laws regarding operating a motor vehicle while under the influence of alcoholic beverages or drugs or while sending or receiving electronic messages which shall include the relevant sections of this chapter, chapter 94C and chapter 138. The registrar shall determine the nature and number of such questions.An applicant for a license or renewal thereof appearing in person at a registry branch shall take and pass a vision test administered by the registry; provided, however, that except as required by the registrar by regulation, an applicant may provide a vision screening certificate, signed by an optometrist or ophthalmologist, to demonstrate compliance with the minimum visual standards to obtain and hold a license. The vision screening certificate shall not be deemed invalid by the registrar solely because it contains an electronic signature.[ Paragraphs added by 2022, 81, Sec. 5 effective July 1, 2023. See 2022, 81, Sec. 10.]If an applicant for a license under this section or an applicant for a learner's permit under section 8B does not provide proof of lawful presence, the applicant shall submit to the registrar and the registrar shall accept as proof of their identity and date of birth 2 documents. One document shall be: (1) a valid unexpired foreign passport; or (2) a valid unexpired Consular Identification document. The other document shall be: (1) a valid unexpired driver's license from any United States state or territory; (2) an original or certified copy of a birth certificate; (3) a valid unexpired foreign national identification card; (4) a valid unexpired foreign driver's license; or (5) a marriage certificate or divorce decree issued by any state or territory of the United States. One document submitted as proof of an applicant's identity pursuant to this paragraph shall include a photograph and one document submitted as proof of an applicant's identity pursuant to this paragraph shall include a date of birth. Any documents submitted as proof of an applicant's identity pursuant to this paragraph that are in any language other than English shall be accompanied by a certified translation translating the document to English.In addition to the powers and authority conferred upon the registrar pursuant to section 10 with respect to standards of fitness for operation of a motor vehicle, the registrar may conduct a review of any documents issued by another country that are submitted by an applicant for a license under this section or an applicant for a learner's permit under section 8B who does not provide proof of lawful presence, including those who are ineligible for a social security number, to determine whether reasonable cause exists to exclude the document as proof of identity or date of birth.Each applicant for a license under this section or learner's permit under section 8B shall attest, under the pains and penalties of perjury, that their license or right to operate has not been suspended or revoked in another state, country or jurisdiction.