Code of Massachusetts Regulations › 220 CMR - DEPARTMENT OF PUBLIC UTILITIES › Title 220 CMR 274.00 - Transportation Network Companies › Section 274.21 - Suitability Standard

Current through Register 1525, July 5, 2024
All categories are construed as within time frames (look-back
		  periods) during which a Driver shall not have a particular condition, offense,
		  or violation. All conditions, offenses, and violations are construed to include
		  Massachusetts law or like/similar law(s) of another state, the United States, a
		  military, territorial or Native American tribal authority, or any other
		  jurisdiction. All criminal disqualifying conditions, offenses, and violations
		  include the crimes of attempt, accessory, conspiracy, and solicitation.
All look-back periods for criminal conditions, offenses, and
		  violations commence upon the date of disposition; provided, however, that if
		  the disposition results in incarceration in any institution, the look-back
		  period shall commence upon release from incarceration. All look-back periods
		  for motor vehicle conditions, offenses, and violations commence upon the date
		  of finding of the condition, offense, or violation; provided, however, that if
		  the violation resulted in a license suspension, the look-back period shall
		  commence upon the termination of the suspension.
A conviction is a mandatory disqualification for all look-back
		  periods. A continuance without a finding is a mandatory disqualification if
		  within seven years and a presumptive disqualification if after seven years. All
		  conditions within the present look-back period and the three-year look-back
		  period are mandatory disqualifying conditions, offenses, and violations. A
		  discretionary disqualification is a presumptive disqualification.
PRESENT
Age Requirements
(a) Must be at least 21 years old;
(b) If under 23 years old, must have held a valid
				  United States driver's license for not less than three years; and
(c) If 23 years of age or older, must have held a
				  valid United States driver's license for not less than one year
Open/Unresolved Criminal
				  Proceeding(s)
Any outstanding or unresolved criminal proceeding,
				  the disposition for which would result in a negative determination of
				  suitability, including but not limited to cases of active
				  probation.
Open/Unresolved Motor Vehicle
				  Violation(s)
Any outstanding or unresolved driving infraction that
				  would result in a negative determination of suitability.
Open/Unresolved Criminal
				  Warrant(s)
Any outstanding or unresolved warrant for
				  arrest.
Sex Offender Registration
Required to register as a sex offender in any
				  jurisdiction.
THREE YEARS
Multiple Traffic Violations
(a) More than four traffic violations, as defined by
				  211 CMR 134.00:
Appendix A: Traffic Law Violations
, and M.G.L. c. 159A1/2,
				  § 7; or
(b) Any one major traffic violation pursuant to
				  211 CMR 134.00:
Appendix A: Traffic Law Violations
.
FIVE YEARS
License Suspension
Any suspension of driver's license for reasons
				  related to the operation of a motor vehicle, including: (a) license suspension
				  for three or five surchargeable incidents as defined by 211 CMR
134.00:
Appendix A: Traffic Law
				  Violations
and subsequent failure to take the related driver
				  retraining course within the prescribed amount of time;
(b) license suspension for seven surchargeable
				  incidents as defined by
				  211 CMR 134.00:
Appendix
A: Traffic Law Violations
;
(c) refusal to take a chemical breath test;
(d) immediate threat;
(e) complaint fraud; or
(f) racing.
SEVEN YEARS
Felony Conviction
A conviction for an offense with an available maximum
				  penalty of more than 21/2 years' imprisonment.
Felony Fraud
Including but not limited to:
M.G.L. c. 90, § 24B (counterfeiting motor
				  vehicle documents)
M.G.L. c. 266, § 30 (larceny - over $250
				  only)
M.G.L. c. 266, § 30B (unlawful possession of
				  theft detection shielding device or deactivator)
M.G.L. c. 266, § 30C (use of counterfeit receipt
				  with intent to defraud)
M.G.L. c. 266, § 30D (organized retail
				  crime)
M.G.L. c. 266, § 31 (obtaining signature by
				  false pretenses)
M.G.L. c. 266, § 32 (fraudulent conversion of
				  property by captain of vessel)
M.G.L. c. 266, § 33 (larceny by false pretenses
				  relating to contracts, banking transactions or credit)
M.G.L. c. 266, § 35A (false material statements
				  in connection with mortgage lending)
M.G.L. c. 266, § 37 (uttering fraudulent
				  checks)
M.G.L. c. 266, § 37C (fraudulent use of credit
				  cards - felony form only)
M.G.L. c. 266, § 39 (destruction or concealment
				  of will)
M.G.L. c. 266, § 40 (common and notorious
				  thief)
M.G.L. c. 266, § 50 (fraud or embezzlement by
				  state treasury employee)
M.G.L. c. 266, § 51 (fraud or embezzlement by
				  city, town or county employee)
M.G.L. c. 266, § 52 (fraud or embezzlement by
				  bank officer or employee)
M.G.L. c. 266, § 53A (misconduct by bank officer
				  or employee)
M.G.L. c. 266, § 55 (embezzlement by liquidating
				  agent or receiver)
M.G.L. c. 266, § 56 (embezzlement by broker or
				  agent)
M.G.L. c. 266, § 57 (embezzlement by
				  fiduciary)
M.G.L. c. 266, § 60A (buying or selling stolen
				  trade secrets)
M.G.L. c. 266, § 66 (fraudulent issue of
				  stock)
M.G.L. c. 266, § 67 (false entry in corporate
				  books)
M.G.L. c. 266, § 67A (false statement in
				  procurement)
M.G.L. c. 266, § 67B (presentation of false
				  claims)
M.G.L. c. 266, § 67C (false entry in records
				  relating to capital construction projects)
M.G.L. c. 266, § 73 (obtaining goods under false
				  pretenses)
M.G.L. c. 266, § 74 (fraudulent use of corporate
				  credit)
M.G.L. c. 266, § 75 (obtaining property by trick
				  - over $250 only)
M.G.L. c. 266, § 76 (gross fraud or cheat at
				  common law)
M.G.L. c. 266, § 110 (false invoice of
				  cargo)
M.G.L. c. 266, §111 (false affidavit or
				  protest)
M.G.L. c. 266, § 111A (insurance fraud)
M.G.L. c. 266, § 111B (motor vehicle insurance
				  fraud)
M.G.L. c. 266, § 111C (fraudulently obtaining
				  benefits under insurance contract)
M.G.L. c. 267, § 1 (false or forged
				  records)
M.G.L. c. 267, § 2 (forged tickets)
M.G.L. c. 267, § 3 (forged seal of land
				  court)
M.G.L. c. 267, § 4 (forged railroad company
				  stamp)
M.G.L. c. 267, § 5 (uttering false
				  record)
M.G.L. c. 267, § 6 (uttering forged
				  ticket)
M.G.L. c. 267, § 7 (forged bill of credit issued
				  by treasurer)
M.G.L. c. 267, § 8 (forged bank bill or
				  note)
M.G.L. c. 267, § 9 (possession of ten or more
				  counterfeit notes)
M.G.L. c. 267, § 10 (uttering counterfeit
				  note)
M.G.L. c. 267, § 11(common utterer)
M.G.L. c. 267, § 12 (possession of counterfeit
				  notes)
M.G.L. c. 267, § 13 (possession of tools for
				  counterfeiting)
M.G.L. c. 267, § 17 (possession of ten or more
				  counterfeit coins)
M.G.L. c. 267, § 18 (possession of fewer than
				  ten counterfeit coins)
M.G.L. c. 267, § 19 (common utterer of
				  counterfeit coins)
M.G.L. c. 267, § 20 (tools for making
				  counterfeit coin)
M.G.L. c. 267, § 27 (possession of worthless
				  bank notes)
M.G.L. c. 267, § 28 (uttering worthless bank
				  notes)
M.G.L. c. 268, § 1 (perjury)
M.G.L. c. 268, § 2 (subordination of
				  perjury)
M.G.L. c. 268, § 3 (attempt to procure
				  perjury)
M.G.L. c. 268, § 6 (false report before state
				  departments)
M.G.L. c. 268, § 13 (corrupting masters,
				  auditors, jurors, arbitrators)
M.G.L. c. 268, § 13B (willfully misleading to
				  obstruct a criminal investigation)
M.G.L. c. 268, § 13E (tampering with record
				  document for use in judicial proceeding)
M.G.L. c. 268, § 36 (compounding or concealing a
				  felony)
M.G.L. c. 268, § 39 (perjury related to motor
				  vehicle theft)
Motor Vehicle Offenses
Any offense under M.G.L. c. 90, § 24
M.G.L. c. 90B, § 8 (operating under the
				  influence watercraft)
M.G.L. c. 90F, § 11 (operating a commercial
				  vehicle under the influence)
Violent Crimes and Abuse-related
				  Offenses
A "violent crime" pursuant to M.G.L. c. 127, §
				  133E or M.G.L. c. 140, § 121
M.G.L. c. 209A (abuse prevention or restraining
				  order)
M.G.L. c. 258E (harassment protection order)
M.G.L. c. 265, § 13A (assault or assault and
				  battery)
M.G.L. c. 266, § 16 (breaking and entering
				  nighttime - felony)
M.G.L. c. 266, § 17 (entering without breaking -
				  felony)
M.G.L. c. 266, § 18 (breaking and entering
				  daytime - felony)
M.G.L. c. 266, § 25 (larceny from a
				  person)
M.G.L. c. 266, § 37 (identity fraud)
M.G.L. c. 268, § 13B (witness
				  intimidation)
M.G.L. c. 272, § 53 (indecent exposure and
				  annoying or accosting another person)
M.G.L. c. 275, § 2 (threats)
A crime involving the illegal use or possession of
				  weapons
TEN YEARS
Habitual Traffic Offender
Habitual traffic offender license suspension, by an
				  adjudicatory body or motor vehicle licensing authority.
INDEFINITE
Felony Robbery
M.G.L. c. 265, § 17 (armed robbery)
M.G.L. c. 265, § 18 (assault to rob)
M.G.L. c. 265, § 19 (unarmed robbery)
M.G.L. c. 265, § 21 (stealing by confining or
				  putting in fear)
M.G.L. c. 265, § 21A (carjacking)
M.G.L. c. 266, § 14 (armed burglary)
Multiple Driving Offenses
Two or more of the following offenses, in any
				  combination:
(a) Any form of operating under the influence;
(b) Any leaving the scene of personal injury;
(c) Any leaving the scene of property damage;
(d) Any negligent operation; or
(e) Any reckless operation.
Serious Bodily Injury
				  Offenses
Any offense involving the serious bodily injury or
				  death of another person, including but not limited to: M.G.L. c. 90B, § 8A
				  (operating under the influence causing serious bodily injury - watercraft)
				  M.G.L. c. 90B, § 8B (operating under the influence causing death -
				  watercraft) M.G.L. c. 90, § 24(2)(a1/2)(2) (leaving the scene of an
				  accident causing death)
M.G.L. c. 90, § 24G (motor vehicle
				  homicide)
M.G.L. c. 90, § 24L (operating under the
				  influence causing serious bodily injury - motor vehicle)
M.G.L. c. 265, § 131/2 (operating under the
				  influence causing manslaughter)
Sexual Conduct & Abuse Related
				  Offenses
Any "sex offense" as defined by M.G.L. c. 6, §
				  178C and M.G.L. c. 127, § 133E, including but not limited to:
M.G.L. c. 265, § 13B (indecent assault and
				  battery on a child younger than 14 years old)
M.G.L. c. 265, § 13B1/2 (aggravated indecent
				  assault and battery on a child younger than 14 years old)
M.G.L. c. 265, § 13B3/4 (indecent assault and
				  battery on a child younger than 14 years old by a previously similarly
				  convicted offenders, adjudicated delinquent, or youthful offender)
M.G.L. c. 265, § 13F (indecent assault and
				  battery on a mentally retarded person)
M.G.L. c. 265, § 13H (indecent assault and
				  battery on a person 14 years of age or older)
M.G.L. c. 265, § 13L (child endangerment)
M.G.L. c. 265, § 22 (rape)
M.G.L. c. 265, § 22A (rape of a child with
				  force)
M.G.L. c. 265, § 22B (aggravated rape of a child
				  younger than 16 years old with force)
M.G.L. c. 265, § 22C (rape of a child with force
				  by similarly previously convicted offenders, delinquency adjudications, or
				  youthful offenders)
M.G.L. c. 265, § 23 (rape and abuse of a
				  child)
M.G.L. c. 265, § 23A (aggravated rape and abuse
				  of a child)
M.G.L. c. 265, § 23B (rape and abuse of a child
				  by similarly previously convicted offenders, delinquency adjudications, or
				  youthful offenders)
M.G.L. c. 265, § 24 (assault with intent to
				  commit rape)
M.G.L. c. 265, § 24B (assault of a child with
				  intent to commit rape)
M.G.L. c. 265, § 26 (kidnapping of a
				  child)
M.G.L. c. 265, § 43 (stalking)
M.G.L. c. 265, § 43A (criminal
				  harassment)
M.G.L. c. 272, § 2 (enticing away a person for
				  prostitution or sexual intercourse)
M.G.L. c. 272, § 3 (drugging persons for sexual
				  intercourse)
M.G.L. c. 272, § 4A (inducing a minor into
				  prostitution)
M.G.L. c. 272, § 4B (living off or sharing
				  earnings of a minor prostitute)
M.G.L. c. 272, § 6 (owner of place inducing or
				  suffering person to resort in such place for sexual intercourse)
M.G.L. c. 272, § 7 (support from, or sharing,
				  earnings of prostitute)
M.G.L. c. 272, § 8 (soliciting
				  prostitute)
M.G.L. c. 272, § 12 (procuring person to
				  practice, or enter a place for, prostitution; employment office procuring
				  person)
M.G.L. c. 272, § 13 (detaining, or drugging to
				  detain, person in place for prostitution)
M.G.L. c. 272, § 16 (open and gross lewdness and
				  lascivious behavior)
M.G.L. c. 272, § 17 (incestuous marriage or
				  intercourse)
M.G.L. c. 272, § 28 (disseminating to a minor
				  matter harmful to a minor)
M.G.L. c. 272, § 29A (exposing or exhibiting a
				  child in a state of nudity)
M.G.L. c. 272, § 29B (dissemination of visual
				  material of a child in a state of nudity or sexual conduct)
M.G.L. c. 272, § 35A (unnatural and lascivious
				  acts with a child younger than 16 years old)
M.G.L. c. 272, § 39 (aggravated rape)
M.G.L. c. 272, § 105 (upskirting)
Violent C
rime II
A "violent crime" pursuant to M.G.L. c. 127, §
				  133E or M.G.L. c. 140, § 121 that is punishable by ten years or more in
				  state prison.
DISCRETIONARY
A presumptive negative suitability determination may
				  issue if reliable information demonstrates that a Driver acted in a manner that
				  resulted in jeopardy to the health, safety, or welfare of any person, or that a
				  Driver's provision of Services is not consistent with the public
				  interest.