Mass. Gen. Laws ch. 90F, sec. 9 — MA Code / Part I / Title XIV / Chapter 90F / Section 9
Disqualification from operating commercial motor vehicles
Status: in_force

Section 9. (A) Any person, who holds a license to operate a motor vehicle, a license to operate a commercial motor vehicle or is unlicensed, is disqualified from operating a commercial motor vehicle and is prohibited from operating a commercial motor vehicle for a period of not less than 1 year if convicted of a first violation of: (1) Operating a commercial motor vehicle or a motor vehicle under the influence of alcohol or drugs; (2) Operating a commercial motor vehicle while the alcohol concentration in the person's blood or breath is 0.04 or more; (3) Leaving the scene of an accident involving a commercial motor vehicle or a motor vehicle driven by the person; (4) Refusing to submit to a chemical test or analysis of the person's breath or blood after operating a commercial motor vehicle or a motor vehicle; or (5) Using a commercial motor vehicle or a motor vehicle in the commission of a felony as defined in this chapter. If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified for a period of 3 years. (B) Any person shall be disqualified for life if convicted of 2 or more violations of any of the offenses specified in paragraph (A), or for 2 or more refusals to submit to a chemical test or analysis of the person's breath or blood after operating a commercial motor vehicle or a motor vehicle, or any combination of those offenses, arising from 2 or more separate incidents. (C) The registrar may issue regulations establishing guidelines, including conditions, under which a disqualification for life under paragraph (B) may be reduced to a period of not less than ten years. (D) Any person shall be disqualified from operating a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance. (E) Any person shall be disqualified from operating a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, or one hundred and twenty days if convicted of three serious traffic violations, committed in the operation of a commercial motor vehicle arising from separate incidents occurring within a three-year period. The one hundred twenty day disqualification period shall be imposed in addition to any other previously imposed period of disqualification. (E1/2)(1) Except as provided in subparagraph (2), any person who violates the provisions of an out-of-service order shall be disqualified from driving a commercial motor vehicle as follows: (i) for not less than ninety days for a first violation of an out-of-service order; (ii) for not less than one year for a second violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period; and (iii) for not less than three years for a third or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period. (2) Any person who violates the provisions of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 USC app. 1801–1813, or while operating a motor vehicle designed to transport more than fifteen passengers, including the driver, shall be disqualified from driving a commercial motor vehicle as follows: (i) for not less than one hundred and eighty days for a first violation of an out-of-service order; and (ii) for not less than three years for a second or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period. (3) In addition to the disqualification provided for in subparagraphs (1) and (2), any driver who violates the provisions of an out-of-service order shall be subject to a civil penalty of not less than $1,100 and not more than $2,750. (4) Any person shall be disqualified from operating a commercial motor vehicle for a period of not less than 60 days if convicted of violating the railroad-highway grade crossing provisions in 49 CFR 383.51 or in regulations promulgated by the registrar to reflect the applicable federal requirements, or for a period of not less than 120 days if convicted of 2 violations of said provisions, or for a period not less than 1 year if convicted of 3 or more violations of said provisions, committed during the operation of a commercial motor vehicle arising from separate incidents occurring within a 3 year period. (F) After suspending, revoking, or cancelling a license to operate a commercial motor vehicle, the registrar shall update its records to reflect such action within ten days. After suspending, revoking or cancelling the privileges of a nonresident operator of a commercial motor vehicle, the registrar shall notify the licensing authority of the state which issued the license or certificate of the nonresident operator of a commercial motor vehicle within ten days. (G) Pursuant to the provisions of 49 CFR 383.52 or any regulations promulgated by the registrar to reflect the applicable federal requirements, the registrar shall disqualify from operating a commercial motor vehicle any driver whose driving is determined by the assistant administrator of the Federal Motor Carrier Safety Administration of the United States Department of Transportation, or his designee, to constitute an imminent hazard. The period of disqualification shall not exceed 30 days, unless the assistant administrator or his designee complies with 49 CFR 383.52 (c). Any disqualification so imposed must be transmitted by the Federal Motor Carrier Safety Administration to the registrar and shall become a part of the driver's record maintained by the registrar. A driver who is simultaneously disqualified under this paragraph and pursuant to any other federal or state disqualification from holding a commercial driver license shall serve such disqualification periods concurrently. (H) The registrar may disqualify and reject any application for commercial licensure by any Massachusetts resident holding a non-commercial driver license who has been convicted of a disqualifying event as defined in 49 CFR 383.51 or in regulations promulgated by the registrar to reflect the applicable federal requirements. (I) A person shall not be disqualified from operating a commercial motor vehicle under paragraphs (A) or (B) based upon convictions that occurred on or before September 30, 2005, unless: (i) the person has 3 or more convictions for operating under the influence under section 24 of chapter 90; or (ii) disqualification from operating a commercial motor vehicle is required under 49 C.F.R. 383.51 or any other federal statute or regulation.

Section 9. (A) Any person, who holds a license to operate a motor vehicle, a license to operate a commercial motor vehicle or is unlicensed, is disqualified from operating a commercial motor vehicle and is prohibited from operating a commercial motor vehicle for a period of not less than 1 year if convicted of a first violation of:

(1) Operating a commercial motor vehicle or a motor vehicle under the influence of alcohol or drugs;

(2) Operating a commercial motor vehicle while the alcohol concentration in the person's blood or breath is 0.04 or more;

(3) Leaving the scene of an accident involving a commercial motor vehicle or a motor vehicle driven by the person;

(4) Refusing to submit to a chemical test or analysis of the person's breath or blood after operating a commercial motor vehicle or a motor vehicle; or

(5) Using a commercial motor vehicle or a motor vehicle in the commission of a felony as defined in this chapter.

If any of the above violations occurred while transporting a hazardous material required to be placarded, the person shall be disqualified for a period of 3 years.

(B) Any person shall be disqualified for life if convicted of 2 or more violations of any of the offenses specified in paragraph (A), or for 2 or more refusals to submit to a chemical test or analysis of the person's breath or blood after operating a commercial motor vehicle or a motor vehicle, or any combination of those offenses, arising from 2 or more separate incidents.

(C) The registrar may issue regulations establishing guidelines, including conditions, under which a disqualification for life under paragraph (B) may be reduced to a period of not less than ten years.

(D) Any person shall be disqualified from operating a commercial motor vehicle for life who uses a commercial motor vehicle in the commission of any felony involving the manufacture, distribution, or dispensing of a controlled substance, or possession with intent to manufacture, distribute or dispense a controlled substance.

(E) Any person shall be disqualified from operating a commercial motor vehicle for a period of not less than sixty days if convicted of two serious traffic violations, or one hundred and twenty days if convicted of three serious traffic violations, committed in the operation of a commercial motor vehicle arising from separate incidents occurring within a three-year period. The one hundred twenty day disqualification period shall be imposed in addition to any other previously imposed period of disqualification.

(E1/2)(1) Except as provided in subparagraph (2), any person who violates the provisions of an out-of-service order shall be disqualified from driving a commercial motor vehicle as follows:

(i) for not less than ninety days for a first violation of an out-of-service order;

(ii) for not less than one year for a second violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period; and

(iii) for not less than three years for a third or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period.

(2) Any person who violates the provisions of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act, 49 USC app. 1801–1813, or while operating a motor vehicle designed to transport more than fifteen passengers, including the driver, shall be disqualified from driving a commercial motor vehicle as follows:

(i) for not less than one hundred and eighty days for a first violation of an out-of-service order; and

(ii) for not less than three years for a second or subsequent violation of an out-of-service order; provided, however, that such violations arose out of separate incidents during any ten year period.

(3) In addition to the disqualification provided for in subparagraphs (1) and (2), any driver who violates the provisions of an out-of-service order shall be subject to a civil penalty of not less than $1,100 and not more than $2,750.

(4) Any person shall be disqualified from operating a commercial motor vehicle for a period of not less than 60 days if convicted of violating the railroad-highway grade crossing provisions in 49 CFR 383.51 or in regulations promulgated by the registrar to reflect the applicable federal requirements, or for a period of not less than 120 days if convicted of 2 violations of said provisions, or for a period not less than 1 year if convicted of 3 or more violations of said provisions, committed during the operation of a commercial motor vehicle arising from separate incidents occurring within a 3 year period.

(F) After suspending, revoking, or cancelling a license to operate a commercial motor vehicle, the registrar shall update its records to reflect such action within ten days. After suspending, revoking or cancelling the privileges of a nonresident operator of a commercial motor vehicle, the registrar shall notify the licensing authority of the state which issued the license or certificate of the nonresident operator of a commercial motor vehicle within ten days.

(G) Pursuant to the provisions of 49 CFR 383.52 or any regulations promulgated by the registrar to reflect the applicable federal requirements, the registrar shall disqualify from operating a commercial motor vehicle any driver whose driving is determined by the assistant administrator of the Federal Motor Carrier Safety Administration of the United States Department of Transportation, or his designee, to constitute an imminent hazard. The period of disqualification shall not exceed 30 days, unless the assistant administrator or his designee complies with 49 CFR 383.52 (c). Any disqualification so imposed must be transmitted by the Federal Motor Carrier Safety Administration to the registrar and shall become a part of the driver's record maintained by the registrar. A driver who is simultaneously disqualified under this paragraph and pursuant to any other federal or state disqualification from holding a commercial driver license shall serve such disqualification periods concurrently.

(H) The registrar may disqualify and reject any application for commercial licensure by any Massachusetts resident holding a non-commercial driver license who has been convicted of a disqualifying event as defined in 49 CFR 383.51 or in regulations promulgated by the registrar to reflect the applicable federal requirements.

(I) A person shall not be disqualified from operating a commercial motor vehicle under paragraphs (A) or (B) based upon convictions that occurred on or before September 30, 2005, unless: (i) the person has 3 or more convictions for operating under the influence under section 24 of chapter 90; or (ii) disqualification from operating a commercial motor vehicle is required under 49 C.F.R. 383.51 or any other federal statute or regulation.