Code of Massachusetts Regulations › 540 CMR - REGISTRY OF MOTOR VEHICLES › Title 540 CMR 25.00 - Certification, installation, use and maintenance of ignition interlock devices › Section 25.07 - Conditions of Hardship Licenses and License Reinstatements

Current through Register 1525, July 5, 2024
(1) Any person whose license has been
			 suspended or revoked because of two or more motor vehicle violations for
			 operating under the influence of intoxicants shall have an Ignition Interlock
			 Device installed on every vehicle he owns, leases, or operates, as a condition
			 of the reinstatement of his license or right to operate. This requirement
			 applies to both full reinstatements and Hardship Licenses.
(1A) Any person whose license has been
			 suspended or revoked following a first conviction or assignment to an alcohol
			 treatment program of operating under the influence of intoxicants, and who
			 operated a motor vehicle with a percentage, by weight, of alcohol in their
			 blood of fifteen one-hundredths or greater, shall have an interlock restriction
			 imposed on any hardship license issued by either the Registrar or the Board of
			 Appeal pursuant to M.G.L. c. 90, § 24(1)(c)(1) and/or M.G.L. c. 90, §
			 24D.
(2) Any operator subject to
			 540 CMR 25.00 shall operate a
			 vehicle only if it is equipped with an Ignition Interlock Device. This
			 requirement applies to all vehicles owned by the operator, as well all other
			 vehicles operated by the individual including, but not limited to, any vehicles
			 that are leased, rented, loaned, or used in employment.
(3) No operator of an IID-equipped vehicle
			 shall be permitted to start the vehicle without a Passed Test.
(4) It shall be a condition of any license
			 issued with an Ignition Interlock Restriction, that the operator notify any
			 other person who rents, leases, loans, or permits him to operate a motor
			 vehicle during his employment, or otherwise, of the Ignition Interlock
			 Restriction.
(5) Before receiving a
			 license or having licensure privileges restored, any individual to whom an
			 Ignition Interlock Restriction applies shall execute a form, promulgated by the
			 Registrar, which clearly indicates the penalties for violating the laws and
			 regulations pertaining to Ignition Interlock Devices. The form shall be signed
			 by the individual under the pains and penalties of perjury. The form shall also
			 require the individual to list each and every licensed driver in the
			 household.
(6) Each such person
			 listed pursuant to
			 540 CMR 25.08(5)
			  shall execute, under the pains and penalties
			 of perjury, a statement that he understands that the individual to whom the
			 Ignition Interlock Restriction applies must not operate any vehicle without an
			 Ignition Interlock Device, and that blowing into the device on behalf of any
			 IID-restricted driver is punishable by incarceration. The Registrar, in his or
			 her discretion, may also list other applicable penalties on this
			 acknowledgement.
(7) The Registrar
			 shall apply an Ignition Interlock Restriction code to the license, permit, or
			 right to operate of anyone subject to the terms and conditions of
			 540 CMR 25.00, signifying
			 that the operator is only licensed to operate motor vehicles that have an
			 Ignition Interlock Device installed.
(8) In all cases in which an operator must
			 have an Ignition Interlock Device as a condition of hardship, the requirement
			 shall remain in effect for the balance of the revocation or suspension. Once
			 the period of hardship restriction has ended, the operator may apply for full
			 license reinstatement absent the hardship hours restriction, however the
			 Ignition Interlock Restriction shall remain in effect for no less than two
			 years thereafter if required by M.G.L. c. 90, § 24½.
(9) In cases in which an Ignition Interlock
			 Device is required by
			 540 CMR 25.00, and a person
			 does not seek or is not granted a Hardship License, the operator will be
			 subject to the requirements of
			 540 CMR 25.00 upon
			 reinstatement for no less than a two-year period. This requirement shall not
			 apply to persons reinstating their license following a first conviction or
			 program assignment pursuant to M.G.L. c. 90, § 24(1)(c) or §
			 24D.
(10) An operator subject to
			 the Ignition Interlock Restriction who lives in or moves to another state or
			 jurisdiction may participate in the Massachusetts IID program as an
			 out-of-state resident. If the operator demonstrates successful completion of
			 the Massachusetts IID program, he or she may apply to have the Ignition
			 Interlock Restriction removed.
(11)
			 Subject only to the exception listed in
			 540 CMR
			 25.08(12), an IID-restricted
			 operator who removes the Ignition Interlock Device from his or her vehicle(s)
			 before successfully completing the IID program, shall have his or her license
			 or right to operate immediately returned to a suspended or revoked
			 status.
(12) An operator subject to
			 the Massachusetts Ignition Interlock Restriction who moves to another state or
			 jurisdiction and does not participate in or does not continue to participate in
			 the Massachusetts IID program may, at the discretion of the Registrar, have the
			 status of his license or right to operate changed to enable him or her to
			 acquire a legal driver's license in the new state or jurisdiction. The
			 Registrar shall:
(a) Require the operator to
			 provide proof of out-of-state residency;
(b) Require the operator to execute a form
			 acknowledging that the operator is not, under any circumstances, permitted to
			 drive a motor vehicle in Massachusetts, unless it is equipped with an
			 IID;
(c) Require the operator to
			 execute a form acknowledging that the operator understands the Registrar will
			 notify the destination state or jurisdiction of the operator's motor vehicle
			 offenses and license restrictions; and
(d) Notify the destination state or
			 jurisdiction of the operator's motor vehicle offenses and license restrictions.
The Registrar may, on a case by case basis, impose additional
				conditions he or she deems necessary to protect public safety.