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Update on MA Laws Affecting NH Drivers

Update on MA Laws Affecting NH Drivers. Catherine Keyes, Deputy Registrar Neil Scannell, RMV Counsel. Overview. Hearing Process Melanie’s Law (OUIs) Junior Operators Questions. Melanie’s Law. Signed into law October 28, 2005

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Update on MA Laws Affecting NH Drivers

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  1. Update on MA Laws Affecting NH Drivers Catherine Keyes, Deputy Registrar Neil Scannell, RMV Counsel

  2. Overview • Hearing Process • Melanie’s Law (OUIs) • Junior Operators • Questions

  3. Melanie’s Law • Signed into law October 28, 2005 • Enhances the penalties and administrative sanctions for OUI offenders in MA • Caused changes in RMV policy and procedure

  4. Immediate Suspension • Admin per se (ADM) and Chemical Test Refusal (CTR) result in immediate suspension

  5. Enhanced Penalties for Chemical Test Refusals In addition to immediate suspension: • No 15-day temporary license • Vehicle impounded for 12 hours • Suspension periods have increased Only 15 days to file and attend a CTR Hearing

  6. Enhanced Penalties for Chemical Test Refusals – Under 21

  7. Enhanced Penalties for Chemical Test Refusals – Ages 21+

  8. OUI While Operating After a Suspension for Previous OUI • 1 Year - 2 1/2 years in house of correction And • Fine of $2,500 - $10,000 1 year license suspension

  9. 1st offense 90 days - 2 1/2 years in house of correction, and a fine of $1,000-$5,000 2nd offense 6 months - 2 1/2 years and $5,000 - 10,000 fine or 3 - 5 years in state prison Operating Under the InfluenceWith a Child in the Vehicle 1-3 year loss of license

  10. Manslaughter - While Under the Influence of Alcohol or Drugs Loss of license – 15 years to life 5 - 20 years in state prison And A fine up to $25,000

  11. Registration Cancellation Hearing Officers can suspend a MA registration of anyone convicted of 3rd or subsequent alcohol-related driving offense

  12. 1st offense 1 year in house of correction and a fine up to $500 2nd offense 2 1/2 years in house of correction and/or a fine up to $1,000 Allowing a Personwith IID Restriction to Operate Unequipped Vehicle Loss of license not more than 1 year

  13. Ignition Interlock

  14. Who Needs An Ignition Interlock Device? • 2 or more OUIs, eligible for license reinstatement • 2 or more OUIs, eligible for a hardship license • Court order

  15. Removal – When Moving OOS • Affidavit needed and proof of relocation (or else NDR suspension applied) • If driver want to be relicensed in MA, s/he must complete the IID period • Driver is permitted to continue IID with OOS vendor

  16. Junior Operator License

  17. Junior Operator License (JOL) Law New law enacted January 3, 2007 Changes include…

  18. Passenger Restriction Change • Increased penalties • 1st offense = 60 day license suspension • 2nd offense = 180 day license suspension and attitudinal retraining course • Subsequent = 1 year license suspension and attitudinal retraining course Effective Date: 3/31/07

  19. Night Driving Restriction Change • Restriction changed from 12:00 to 12:30am Addition • New Penalties • 1st offense = 60 day license suspension • 2nd offense = 180 day license suspension and attitudinal retraining course • Subsequent = 1 year license suspension and attitudinal retraining course • $100-$1,000 Fine Effective Date: 3/31/07

  20. Drag Racing Change • Increased penalties • 1st offense = 1 year license or permit loss, $250 fine, $500 reinstatement fee • 2nd offense = 3 year license or permit loss, $500 fine, $1000 reinstatement fee • Also required completion of SCARR program and attitudinal retraining course prior to reinstatement Effective Date: 3/31/07

  21. Speeding Change • Increased penalties • 1st offense = 90 day license suspension, $50 fine (plus $10 for each mph exceeding 10 mph over the speed limit), $50 surcharge, and $500 reinstatement fee • 2nd or subsequent offense = 1 year license suspension, $50 fine (plus $10 for each mph exceeding 10 mph over the speed limit), $50 surcharge, and $500 reinstatement fee • Completion of SCARR program and attitudinal retraining course prior to reinstatement. Effective Date: 3/31/07

  22. Negligent or Reckless Driving Change • Increased penalties • 1st offense = 180 day license suspension • 2nd or subsequent offense within 3 years = 1 year license suspension Effective Date: 3/31/07

  23. Other Additions to the Law • Requirement to send JOL license suspension notice to junior operator’s parent or guardian • 1st speeding offense notice must contain information on penalties for 2nd offense Effective Date: 3/31/07 • Eyeglasses may not be worn in a driver’s license photograph Effective Date: 1/3/07

  24. Questions? www.mass.gov/rmv catherine.keyes@state.ma.us neil.a.scannell@state.ma.us

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