§ 8B — Learner's permits

Massachusetts § 8B

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

Text

[First paragraph effective until July 1, 2023. For text effective July 1, 2023, see below.]

Section 8B. Any person who is at least sixteen years of age, excepting persons who have been licensed and whose licenses are not in force because of revocation or suspension, and persons whose right to operate is suspended by the registrar, may apply to the registrar for a learner's permit. 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 permit until the registrar is satisfied as to the applicant's true age identity or age. The registrar, in his discretion, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant a learner's permit which shall entitle him, while having such permit in his immediate possession, to drive a motor vehicle upon any way when accompanied by an operator, duly licensed by his state of residence, who is 21 years of age or over, who has had at least one year of driving experience, and who is occupying a seat beside the driver; provided, however, that in the case of a motorized bicycle or motorized scooter, no such accompanying operator shall be required; and provided, further, that if the applicant has been issued a learner's permit restricted to the operation of a motorcycle, said learner's permit shall not entitle him to carry any passenger while operating such motorcycle upon any way or to operate a motorcycle upon any way at any time after sunset or before sunrise. No such motorcycle learner's permit which has expired shall be renewed unless the applicant successfully passes such parts of the examination other than the driving test as the registrar may require; and unless said applicant has taken at least one driving test during the period when the learner's permit was valid. If such applicant fails the driving test twice he shall be required to successfully complete a course of study at an approved rider training school as provided for in section 35G of chapter 10, prior to scheduling a subsequent driving test. Such licensed operator shall be liable for the violation of any provision of this chapter, or of any regulation made in accordance herewith, committed by such persons with a learner's permit; provided, however, that an examiner in the employ of the registrar, when engaged in his official duty, shall not be liable for the acts of any person who is being examined by said examiner. Any such learner's permit shall be valid for two years from the date of issue or until the holder shall have received a license to operate, whichever first occurs, except that no permit shall be issued to an applicant for a period of time longer than the registrar determines the applicant is legally authorized to remain in the United States. The holder of a learner's permit who operates a motor vehicle without a duly licensed driver, who is 21 years of age or older, who has at least 1 year of driving experience and who is occupying a seat beside the driver shall be deemed to be operating a motor vehicle without being duly licensed and, in addition to any fine or penalty, shall have his learner's permit 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 and shall be required to reapply for his learner' s permit before he may be issued a license to operate a motor vehicle pursuant to section 8. Upon a second offense violation, a holder of a learner's permit shall also be required to complete a program selected by the registrar that encourages attitudinal changes in young drivers who have committed a violation of the motor vehicle laws.

[First paragraph as amended by 2022, 81, Sec. 6 effective July 1, 2023. See 2022, 81, Sec. 10. For text effective until July 1, 2023, see above.]

Any person who is at least sixteen years of age, excepting persons who have been licensed and whose licenses are not in force because of revocation or suspension, and persons whose right to operate is suspended by the registrar, may apply to the registrar for a learner's permit. 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 permit until the registrar is satisfied as to the applicant's true age identity or age. The registrar, in his discretion, after the applicant has successfully passed all parts of the examination other than the driving test, may issue to the applicant a learner's permit which shall entitle him, while having such permit in his immediate possession, to drive a motor vehicle upon any way when accompanied by an operator, duly licensed by his state of residence, who is 21 years of age or over, who has had at least one year of driving experience, and who is occupying a seat beside the driver; provided, however, that in the case of a motorized bicycle or motorized scooter, no such accompanying operator shall be required; and provided, further, that if the applicant has been issued a learner's permit restricted to the operation of a motorcycle, said learner's permit shall not entitle him to carry any passenger while operating such motorcycle upon any way or to operate a motorcycle upon any way at any time after sunset or before sunrise. No such motorcycle learner's permit which has expired shall be renewed unless the applicant successfully passes such parts of the examination other than the driving test as the registrar may require; and unless said applicant has taken at least one driving test during the period when the learner's permit was valid. If such applicant fails the driving test twice he shall be required to successfully complete a course of study at an approved rider training school as provided for in section 35G of chapter 10, prior to scheduling a subsequent driving test. Such licensed operator shall be liable for the violation of any provision of this chapter, or of any regulation made in accordance herewith, committed by such persons with a learner's permit; provided, however, that an examiner in the employ of the registrar, when engaged in his official duty, shall not be liable for the acts of any person who is being examined by said examiner. Any such learner's permit shall be valid for two years from the date of issue or until the holder shall have received a license to operate, whichever first occurs. The holder of a learner's permit who operates a motor vehicle without a duly licensed driver, who is 21 years of age or older, who has at least 1 year of driving experience and who is occupying a seat beside the driver shall be deemed to be operating a motor vehicle without being duly licensed and, in addition to any fine or penalty, shall have his learner's permit 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 and shall be required to reapply for his learner' s permit before he may be issued a license to operate a motor vehicle pursuant to section 8. Upon a second offense violation, a holder of a learner's permit shall also be required to complete a program selected by the registrar that encourages attitudinal changes in young drivers who have committed a violation of the motor vehicle laws.

If the applicant is under 18 years of age, the learner's permit shall not entitle him to operate a motor vehicle between the hours of 12 a.m. and 5 a.m., unless accompanied by a parent or legal guardian who holds a valid license and has at least 1 year of driving experience or, in the case of an emancipated minor, unless accompanied by a person who is 21 years of age or older who holds a valid license and has at least 1 year of driving experience, and who occupies the seat beside the driver. The holder of a learner's permit who violates this paragraph shall be deemed to be operating a motor vehicle without being duly licensed and, in addition to any fine or penalty, shall have his learner's permit 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 and shall be required to reapply for his learner's permit before he may be issued a license to operate a motor vehicle pursuant to section 8. Upon a second offense violation, a holder of a learner's permit shall also be required to complete 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 shall send notice of suspension of a junior operator's learner's permit 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.

Each application for a learner's permit shall be made upon a form furnished by the registrar and the fee as prescribed in section thirty-three shall be paid at the time the appointment is made for the examination. The registrar, for reasons he deems sufficient, may authorize an applicant to be examined without payment of an additional fee when the applicant has been unable to take the examination at the time originally scheduled. Notwithstanding that a learner's permit may be valid for a period of up to 2 years, each holder of a learner's permit with a period of validity of 2 years may take not more than 6 driving tests within the first year and not more than 6 driving tests within the second year; provided, however, that if the registrar has issued a learner's permit for less than 2 years' duration, the holder shall be limited to not more than 6 driving tests in the first year and not more than 1 driving test for each 2 months thereafter for the remaining period of validity of the permit and upon payment of the fee for examination of an applicant for an operator's license as required by said section 33 for each driving test.