When it comes to a 60 day license suspension for 7 surchargeable events, you are legally entitled to a hearing at a full service branch of the Registry of Motor Vehicles. The only issue which the Registry Hearings Officer will consider is the accuracy of your driving record. Hearings are Limited in instances where the above record may be in error.
The 7 surchargeable events hearing at the Registry is not the proper place to “re-litigate” to whether or not you were guilty of the 7 surchargeable events which triggered the suspension. The actual findings of any of the at fault accidents or moving violations must have been challenged in the appropriate court or Division of Insurance hearing. If you were found not responsible for any alleged surcharge events or accidents, you must present proof of that finding at the RMV. There is no requirement you attend a Registry hearing if you do not meet the above conditions.
The Registry of Motor Vehicles states that “no hardship or work I incense is authorized by law.” However, this is not true. You may be able to get a 12 hour hardship license from the Massachusetts Division of Insurance Board of Appeal. The Board has the power to grant hardship licenses, or full reinstatements in some cases, for work, school, or medical reasons. Contrary to the letter which you received from the Massachusetts RMV will consider your situation and may grant hardship relief or, in some cases, reduce the 60 day suspension to “time served.”
However, you should keep in mind that the Board usually hears cases involving long-term license suspensions such as 8 year OUI 3rd offense revocations and 4 year habitual traffic offender revocations. Therefore, the Board members do not view a 60 day loss of license as a major hardship. It takes a strong showing of hardship to get relief. The Appellant must also show that he or she is not a danger to public safety and reinstating the Appellant’s driver’s license will not place the public at risk.
If the National Safety Council driver re-training program is required, I strongly recommend that you register for the course prior to appearing before the Board of Appeal for your hardship license hearing, which must be scheduled in advance.
Please contact me if you are interested in appealing your 7 surchargeable events suspension to the Board of Appeal. I have obtained a large number of hardship licenses and full reinstatements on 7 surchargeable events suspensions.
In addition to imposing license suspensions for 7 surchargeable events, when the Massachusetts Merit Rating Board notifies the Registry of Motor Vehicles that an individual has accumulated 3 surchargeable incidents within the past 2 years, so long as the records are accurate, the Registry must require the driver to participate in the National Safety Council Attitudinal Dynamics of Driving (ADD) 8 hour course. Failure to take the required NSC driver retraining class and provide proof to the RMV within 90 days from the date listed in the letter from the Mass. Registry will result in an indefinite license suspension which will remain in place until the driver completes the National Safety Council course and proof of completion is submitted to the Registry Division of MassDOT. There are no exceptions to this mandatory requirement and absolutely no hardship licenses are available during an indefinite suspension for failing to take the NSC Class.