Table Of Content

FAQs About Learner's Permits UMASS/AMHERST & Junior Operator Licenses 312Qbb E77 b1b 1 The Massachusetts Registry ofMotor Vehicles (RMV) GOVERMENT DOCUMENTS COLLECTION General Information APR A Summary ofJOL Requirements 2 8 2003 1. 2. Accident Rates for Young Drivers University of Massachusetts Depository Copy Learner's Permit Phase 3. Permit Holder I8 orOver Must be Accompanied by License Holder 21 or Over 4. Parent Need Not Personally Supervise Additional 12 Hours ofDriving 5. Restrictions on Learner's Permit Holder 6. Meaning of"Clean Driving Record" 7. Measuring the Six Month Period fora "Clean Driving Record" 8. Seat Belt Violation: Effect on "Clean DrivingRecord" 9. Convertinga Learner's Permit from Another State 10. Converting an Out-of-State Driver Education Certificate 1 1. Schedulinga Road Test Before End ofSix-Month Learner's Permit Period 12. Road Test Fee 13. Longer Period ofValidity for Learner's Permits 14. No Operation ofCommercial MotorVehicles by LP orJOL Holder Junior Operator License Phase 15. NoJOL Issued Before 16 1/2 16. Penalty for Violation ofPassenger Restriction 17. Who Are "Immediate Family Members"? 18. No PassengerRestriction Exemption forJOL DriverCar-Pooling to School 19. Police Officerknows ifJOL holder is subject to the "Passenger Restriction" 20. Parent Must Accompany JOL Holder between Midnight and 5 a.m. 21. Parent ofJOL HolderNeed Not be Licensed ...Exception 22. Time Restriction Violation Treated as Secondary OffenseDuring Certain Hours 23. "Enhanced Penalty" forRepeat Speedingor Racing Violations 24. Penalty forBreath Test Failure or Breath Test Refusal bya MotorVehicleOperatorUnderthe Ageof 18. 25. "Enhanced Penalties" for JOL Criminal Violations 26. No Converting an Out-of-State License ifUnder 16 1/2 27. Convertingan Out-of-State License if 16 1/2-18 28. Massachusetts JOL Law Not Applicable toNon-Residents 29. Driving on a JOL in Other States 30. Non-Resident Student with Out-of-State License 31 Massachusetts Motorcycle Licensees Subject to JOL Law . 32. Loss ofJOL for Alcohol/Drug Related Violations (Even ifNot Operating a MotorVehicle) 33. Loss ofDrivingPrivileges forUse ofFalse License/ID toObtain Alcohol 34. "Enhanced Penalty" forJOL Violation Applies Even ifHolderNot Convicted Until After Turning 18 35. JOL Suspensions Extend Beyond Age 18 T21336-0502 FAQs About Learner's Permits & Junior Operator Licenses The Massachusetts Registry ofMotor Vehicles (RMV) The"JuniorOperatorLicense(JOL)Law"{Chapter220ofliteActsof199SJrequiresthestalersyoungestdriverstohave moreexperiencebehindthewheelbeforearoadtestcanbetaken. Thelawisa"graduatedlicenselaw"inthatanewtyoung driverstartsoutwith restrictionsthatareremovedasthedriveradvancesfromthe"learner'spermit"phasethrough the "junioroperatorlicense"phaseintoa "fulllicense."AJOLprovidesforrestrictionsforaperiodoftimeafterthejunior operatorlicenseis obtainedandprovides "enhancedpenalties"forcertain motorvehicle offensescommittedbyjunior operators,such asspeedingandracingandthoseinvolvingalcoholordrugs. OperatorsovertheageofJSbutunderthe ageof21arealsosubjecttospecialpenaltiesifalcoholordrugsareinvolved. Adriverceasestobeajunioroperatorwhen heorsheturnsage IS, althoughpenaltieswillstillapplyforoffensescommittedwhileajunioroperator. ThequestionsandanswerscontainedinthismaterialwerepreparedbytheLegalCounsel's OfficeoftheMassachusetts RegistryofMotor Vehicles{RMV) toprovideassistancetoyoungdrivers,theirparents, membersofthelawenforcement community,DriverEducationInstructorsandRMVemployees. AlthoughtheRMJ'obviouslycannotprepareananswer foreverypotentialquestion thatmayberaisedconcerningthelaw, webelievethattheanswersthathavebeenprovided representfair,logicalanddetailedresponsestothetypesofquestionsthatwefindareaskedmostfrequently. Theresponses havebeenpreparedbaseduponacarefulreadingoftheprovisionsofthelawandtheinferencestobedrawnfromthem. Tlicse responsesrepresentthe RMV*s opinion ofthe relevantprovisions ofthis law. The new questions andanswers containedinthisdocumentsupplementpreviousmaterialrelatingtotheJOL law. To theextentthatarevisedansweris providedforaquestioncontainedmanearlierversion,there\'isedanswerisintendedtosupersedethepreviousanswer* A Summary ofJOL Requirements 1 QCI'I am 16 I/2 years old and I heard that there is alaw that requires driver trainingbefore can 8C* m>' driver's license. Whatdoes the law require? Ifyouapplyforadriver'slicenseandarebetweentheagesof16 I/2and 18youmusthavepossesseda learner'spermit A':forat leastsix (6) monthsandwill only be issueda"JuniorOperator'sLicense"(JOL), upon passinga roadtest, and .only if: s* * YouhavesuccessfullycompletedadrivereducationandtrainingprogramapprovedbytheRegistrarwhich includes30hours ofclassroom instruction,six(6)[soontobeexpandedtoeight(8)]hoursofin-carbehind-the-wheeltrainingandsix(6)[soon to bereduced to four (4)]hours in-carasanobserverofanotherstudentdriver; *Youhavecompletedatleastanadditional 12hoursofsupervisedbehind-the-wheeldrivingasshownbyacertifiedstatement ^ providedbyyourparentorguardian; * You havehad a learner'spermit forat least six (6) months; and *3 *Youhavehada"cleandrivingrecord"foraminimumofsix(6)consecutivemonthsimmediatelyprecedingthedateyoutook yourroadtest. The most significant effectsofthe law'srequirements and restrictions are on the operation ofa motorvehicle bya person in possession ofa "Junior Operator's License." A basic purpose ofthe law is to provide you with a supervised opportunity to developgooddrivingskills,whilebeingfreeofpossibledistractionscausedbyhavingfriendsyourownagepresentwhileyou are behind thewheel. Underthe law, ifyou are ajunioroperator(between the ages of 16 1/2 and 18): * You maynotoperateamotorvehicle, withinthe firstsix (6)monthsafterreceivinga 'JuniorOperator's License"whileany passenger underiheage of 18 is in the vehicle (otherthan yourselforan immediate family member), unlessyou are accompaniedbyapersonwhoisatleast21 yearsold,hasatleastoneyearofdrivingexperience,holdsavaliddriver'slicense from Massachusetts oranother state and isoccupyinga seat besideyou. Ajunioroperatorwho violatesthe passenger restriction shall besubjecttoB licensesuspension ofupto90days. The six (6)monthpassengerrestrictionperiod will stop runningwhen the suspension beginsand the remainderoftherestriction period will start ninningagain when the suspension iscompleted. * Asthe holderofa"JuniorOperator's License" (orLearner's Permit), you may not operate a motor vehicle duringthe hours of 12:00 a m. (midnight) to 5.00 a.m. unlessaccompanied byyour parent oryour legal guardian. * You may not operate amotorvehiclerequiringa commercial driver's license; * Your"JuniorOperator'sLicense"will besuspended forasubstantial period oftime ifyou areunder 18yearsofageat thetimecertain drivingoffenses involvingalcohol ordrugs are committed. * You will face a license suspension fora 2nd or subsequent offense forspeedingordragracingviolations. Accident Rates for Young Drivers Q I am 16 1/2andjustgotmyJOL. I thinkI am agooddriver(bestin myDriverEdClass) butI amalwayshearingthatkidsmyagehavetheworstaccidentrecords. Whatarethe facts? RMV State law requires adriverto fileanAccidentReportwiththe foranyaccidentinvolvingadeath, serious bodilyinjury,orpropertydamageinexcessof$1,000. ThefollowingindicatetheAccidentReportsfiledforthe yearsindicated. 1997 Licensed Drivers vs. Crashes in Massachusetts (16-18 year olds) Age Total Licensed Total Drivers Involved Percentage ofDrivers Drivers in Crashes Involved in Crashes 16yearolds 10,826 5,059 47% 17 yearolds 46,523 10,960 24% 18 yearolds 54,859 9,538 17% 1998 Licensed Drivers vs. Crashes in Massachusetts (16-18 year olds) Age Total Licensed Total Drivers Involved Percentage ofDrivers Drivers in Crashes Involved in Crashes 16yearolds 10,739 4,982 46% 17yearolds 47,513 11,007 23% 18 yearolds 57,393 9,754 17% 1999 Licensed Drivers vs. Crashes in Massachusetts (16-18 year olds) Age Total Licensed Total Drivers Involved Percentage ofDrivers Drivers in Crashes Involved in Crashes 16 yearolds 9,705 4,097 42% 17 yearolds 44,196 10,205 23% 18yearolds 56,709 9,719 17% 2000 Licensed Drivers vs. Crashes in Massachusetts (16-18 year olds) Age Total Licensed, Total Drivers Involved Percentage ofDrivers Drivers in Crashes Involved in Crashes 16yearolds 10,418 4,446 43% 17 yearolds 46,064 1 1.078 24% 18 yearolds 57,801 10,634 18% (Statistics for2001 LicensedDriversvs. Crashes inMassachusetts arenotyetavailable) Itis apparent thatexperiencedoeshelp toreduceserious accidents.TheJOLlaw,withitspassengerand time restrictions,is designed to give our youngest drivers the opportunity to develop good driving habits under somewhat controlled conditions. Use the opportunity wisely! 2 3 Permit Holder 18 or Over 5 Restrictions on Learner's Must be Accompanied by Permit Holder License Holder 21 or Over QI Q am 18years old but I am only now getting Whatrestrictions am I subject to when my first driver's license. I know that I will operatingon my Learner's Permit? havetoobtainaLearner'sPermit. WillIhave A to be accompanied by a licensed driver over the age of 21 when 1 operate on my Learner's Permit? Theholderofa Learner'sPermitmayoperate a A motorvehicleupon anywaywhenaccompanied Yes. By law, anyone who isoperatingamotor by an operator duly licensed by his state of vehicleonaLearner'sPermit,regardlessofhisor residence, who is 21 years ofage or over, who has had at herage, mustbe accompanied by a licensed leastoneyearofdrivingexperience and whois occupying driverwho is at least21 years ofage. aseatbesidethe driver. A Permitholderwho isunderthe age of18 may Parent Need Not Personally notoperateamotorvehiclebetween thehoursof12:00 a.m. (midnight) and 5:00a.m. unless accompaniedby Supervise Additional 12 hisparent orlegal guardian,whomust be a licensed Hours of Driving operatorwith at least oneyearofdrivingexperience andwhoselicenseorrighttooperate isnotrevokedor suspended. QI • Theholderofa Learner's Permit maynotoperate am a single parent and my 17 yearold son in anotherstate ifitis inviolationofthat state's law. is going to apply forhis "Junior Operator's • Theholderofamotorcycle Learner'sPermit License." He can go to the driver education (ClassM)maynot carrypassengers andmaynot course at school and that is not a problem. However, I operate aftersunset orbefore sunrise. work all day and I will probably not have the time to The holderofaLearner'sPermitmustbe in supervise the additional 12 hours of required driving physicalpossession ofthePermitwhen operatinga experience.Can mybrotherdo it? Can mybrotherand motorvehicle. my uncle each supervise some oftherequired driving? CAan I hire the drivingschool to do it? Meaning of Youmay designateyourbrotherorany other "Clean Driving Record" person to supervise yourson's 12 hours of driving experience ifyour brother or the other personisavalidlylicenseddriverovertheageof21 andhas atleastone(1)yearofdrivingexperience.Yourbrotherand youruncle can split the driving supervision, sincethe law know that I must have a "clean driving doesnotrequire that onlyoneperson providethe 12 hours record" for the six (6) month periodjust of supervised driving. You may also contract with any beforeItakea roadtest. Whatwouldprevent driving school offering such services to supervise the me from having a "clean drivingrecord?" additional 12hoursofdrivingexperience. Youmustmake A sure that your son is receiving the required 12 hours of Youwouldnothavea"cleandrivingrecord,"and instruction. You will have to certify, under oath, on your youwouldnotbe allowedtotaketheroadtestif, son'sDriver'sLicenseapplication,thathedidreceivethe 1 withinthesix(6)monthsimmediatelypreceding hoursofsupervised driving. the date ofthetest: *YouhadanysurchargeableincidentunderMassachusetts laworthelawofanotherstate(at-faultaccidents,moving violations,etc.); * You hadyourLearner'sPermitsuspended fordrugor alcohol relatedmotorvehicleviolations;or * You had beenconvicted forthe violation ofanydrugor alcohol related laws in Massachusettsor in anotherstate ("convicted-'includeschargesthatare"continuedwithout a finding" or"placed on tile"). Forthe purposesofthis section, an alternative disposition ofa violation, including, but not limited to, having such Seat Belt Violation: Effect violation continued without a finding, placed on file or a on Clean Driving Record- "responsible" finding on a civil motor vehicle infraction, shallbedeemedtobeaconviction. Youmaynottakearoad testuntil six months from the date ofthearrest or issuance QI ofthe citation. am 17 and have had my Learner's Permit 7 Measuring the Six Month for almost six months with no accidents or moving violations. I plan to take the road test Period for a nextmonth.I wasrecentlyapassengerinacaranddidnot "Clean Driving Record" have my seat belt on when the driver was pulled over for speeding. I was issued a citation for not wearing my scat belt. I plan to contest the citation incourt. IfI am found responsible for the citation, will I losecredit for theclean Effect of: A Citation; A Surchargable dAriving record I have had up until now? Incident; and a Suspension No. You will not lose credit foryourclean QI drivingrecord because the seatbeltcitation isnot a moving violation and is not an event subject to have had my Learner's Permit forover six surcharge for insurance purposes. Note: Ifyou are found (c6i)tamtoionnthasn.dIIraecmengtoliyngretcoeicvoendteastspiteeatdianng rreesqpuoinrseidbblye tfhoerctohuert,ciytaotuiron,Leabrutnerfa'islPteormpiatywiitllinhatvheettoibmee upcoming hearing in Court. Will I be subject suspended by the Registrar and you will lose the "clean 3 to the requirement that my driving record must be driving record" that you had. Once the Learner's Permit is "clean" for the six (6) month period immediately suspended,youmaynottaketheroadtestbecauseyouwillnot Apreceding the date ofthe road test? havehadavalid Learner'sPermitforthesix(6)monthperiod immediatelyprecedingthetakingofthe road test. Yes. Thesix (6) month periodwill bemeasured •IS fromthe dateofthe"incident"'.Inyourcase,that A FurtherNoteontheSeat BeltLaw: Youshouldbeaware 1 wouldbethedateyoureceivedthecitation. Ifthe that the seat belt law was enacted for good reason: To save holder ofa Learner's Permit is under the age of 18, and lives. You were lucky that you were not involved in an eitherpaysthecitation,orisfound"responsible"foraCivil accidentwhenyourfriend wasspeeding. Thenexttime, use MotorVehicle Infraction (or "guilty" ofa criminal motor goodjudgementand useyourseatbelt. AsaJOLholderyou vehicleviolation)atthehearing(orafteranappealhasbeen are subject to the seat belt law. The law applies to both heard), the six (6) month"cIean" period will be measured operators and passengers. Thelaw appliesto any passenger from the "incident date," that is, the date the citation was vehicle built after mid-1966, and although there are some received(orthepersonwasarrested). Ifthepersonisfound other exceptions (taxis, rural mail carriers, persons with "not responsible" or "not guilty" for the violation at a medically certified physical limitations, etc.,) the seat belt hearing (or after an appeal is heard) or the charges are law generally applies to all passengervehiclesbeing used dismissed, the person'sdrivingrecordwill be corrected to forpersonaluse. Thelawwillbeenforcedifyouarestopped reflectthefindingandthesix(6)month"clean"periodwill byapoliceofficerforapossibletrafficviolation. Anydriver bemeasuredfromthedateofthemostrecentviolation,orif who is operating a motor vehicle without wearing a safety none had been committed, from the date the Learner's belt,oranypassenger 16yearsoldorolderwhoisnotwearing Permitwasobtained. asafetybeltissubjecttoa$25.00fine.Thedriverissubject toanadditional fineof$25.00foreach passengerbetween Note:Asurchargableaccidentmayalsocausethesix(6) the ages of12 and 16 who is not wearing a safety belt. month period to begin anew. A surchargable accident is one in which you are more than 50 percent at fault. It is treated the same as.a citation, that is, it runs from the "incident"date.Thesix(6)monthperiodwillre-startfrom thedateoftheaccidenteventhoughyoumaynotbenotified of the surcharge until some time after the accident has RMV occurred. Ifyousuccessfullyappealthesurchargethe willcorrectitsrecordsto reflectthe original six(6)month period in the same way as if you were found "not responsible" for acitation. Ifyour license is suspended, the six (6) month period stops running and a new six (6) month period will have to be established. It cannot start until theLearner's Permit hasbeenreinstated. currentlyconsistsof30hoursofclassroominstruction,six Converting a Learner's (6) hours behind-the-wheel and six (6) hours of in-car observation.Iftheout-of-stateprogramqualifies,yournew Permit from Another State MassachusettsDriverEducationCertificatewillbemailed to you within two weeks of receipt ofyour out-of-state QI certificate. If you do not qualify, your out-of-state certificate will be returned to you along with a letter am 17 and my familyjust moved here from denyingyourapplication. anotherstate. I haveavalid Learner'sPermit from thatstateand havealreadyhad itforsix (6)monthsandhavenothadanyviolations,accidentsor Scheduling a Road Test surcharges on my driving record. I completed that state's driver education program. May I take my road Before End of Six-Month tAest and obtain a Massachusetts driver's license? Learner's Permit Period The law allows Massachusettstoaccept a QI Learner'sPermit from anotherstate, ifissued under a law similar to the Massachusetts have had my Learner's Permit for five and Learner'sPermitlaw.Youwillhavetoconvertyourout-of- one-half(5 w) months and I have nothad any state Learner's Permitto aMassachusettsLearner'sPermit violations orsurchargeable incidents during beforeyouwillbe allowedtotake theroadtest. Inorderto thatperiod.Iwanttoschedulemyroadtestfor do so, you must present a certified copy ofyour driving next month and understand a convenient date is record(thecertificationdatecannotbemorethanthirty[30] available. Can 1 call the Registry today to schedule the daysold), fromthe statethat issuedyourLearner'sPermit. road test for next month or do I have to wait the two- Youmusthaveheldthe Learner'sPermitforatleastsix(6) weeksuntilI havehadthe Learner'sPermitfor thefull months(witha"cleandrivingrecord"-seequestion#6)and six (6) months before I can even schedule a road test? meetalltheotherrequirementsofthenewlaw. Pleasenote A thatMassachusettswill notacceptaLearner'sPermitfrom British Columbia, Montana or Washington State. (Before Youcan call the RMV Telephone Center, M-F, you can take a road test, however, you must also either 9:00 a.m.-7:00 p.m. and scheduletheroadtest. successfully complete a Massachusetts Driver Education From the 617/781 area codesdial 617-351-4500; Course or provide evidence that you have successfully fromthe413/508/978 areacodesdial 1-800-858-3926. completed such a course inyourprevious home state. To AlthoughyouhavetoholdtheLearner'sPermitforthefull convertanout-of-stateDriver'sEducationCertificate,read six (6) month period immediately precedingthe takingof theresponsetoquestion# 10. PleasenotethattheRegistrar theroad test,you can schedule aroad testin advance. We willnotacceptaDriver'sEducationCertificatefromastate canscheduletheroadtest ifthe date and timerequested is that does not meet or exceed the number of hours of not already booked forthat location, and ifyou will have classroomandin-vehicleinstructionrequiredofMassachu- completedthesix(6)monthperiodonorbeforethedatethe settsresidents. roadtest is scheduled. Note: Ifyoureceiveacitationorincurasurchargableevent betweenthedate youbooktheroadtestandthedateyouare Converting an Out-of-State scheduledforthetest,youwillnolongerbeeligibleandyou RMV ^| Driver Education will not be allowed to take the road test. Ifthe does not leam ofthe subsequent citation or surchargable event Certificate untilafteryouhavetaken and passedthetest, apermanent license will not be issued to you. You must re-establish a "clean driving record" for the required six-month period Q How do I convert my drivereducation beforeyou can re-take the road test. A certificate from the state I just moved from? Youmayconvertyourout-of-statedrivereducation certificate to a Massachusetts driver education certificatebyobtaininganApplicationtoConvert RMV Out-of-State Driver Education Certificate from any full-service branch (seethe list at the back ofthe Driver's Manual) or by downloading it from the Internet at: www.mass.gov/rmv and complying with the conversion requirements. The Registrar will allow the conversion to the Massachusetts Driver Education Certificate ifhe finds thattheout-of-statedrivereducationprogramyouattended is comparable to the Massachusetts program, which No Operation of Commercial Motor Vehicles by LP or JOL Holder Q Do 1 have to pay a separate fee each time #14.Myunclehasatruckingcompanythatonly I take a road test for my "Junior Operator's makes local deliveries and he has been License?" teaching me todrive one ofhis bigtrucksthat A wcignTover30,000lbs. Hesaidhewillhiremeasapart- Yes. A$20.00 feeforeachscheduledroadtestis timedriveronce I getmy"JuniorOperator's License". required. Ifyoumissorfailthescheduledtestor AWill that be okay? arc rejected by the examiner, the fee is still required. No. Thetype ofvehicleyou describe requires a commercial driver's license (CDL) because it weighsmorethan26,000pounds. Underthelaw, a junior operator is prohibited from operating a vehicle 13 Longer Period of Validity requiring a commercial driver's license. In fact, for Learner's Permits Massachusetts law has already been broken ifyou have beenoperatingthisvehicleinviolationofthetermsofyour Learner's Permit. You must be 18 years ofage to apply for a CDL Learner'sPermit The Learner's Permit I obtained in December 1999 indicates it expires one (1) year from the date I obtained it. My best ffrriieenndcFvwas issued a Learner's Permit at the end of March 2000 that says it expires two (2) years from the Adate he obtained his. What gives? As aresult ofa change in the law in 1999, Learner'sPermitsnowexpireaftertwo(2)years. All Learner's Permits issued after March 15, 2000containthetwo(2)yearexpiration dateonthePermit itself. IfyoucurrentlyholdaLearner'sPermitissuedsince January I, 1999 (even ifalreadyexpired)thatcontainsthe one (1)year expiration date and you believe itwill expire before you take your road test, you may obtain a replacement, free ofcharge, that contains a two (2) year expiration date (from the issuance date of the original RMV Permit). Pleasecall the DriverLicensing Sectionat 617-351-9350. Ifyou arecurrentlyin aDriverEducation Program you should inform the Instructor ofyourPermit expiration date. The Driving School can arrange for the replacementPermit. 6 violationofthepassengerrestrictionissubjectto"primary No JOL Issued enforcement" and may be enforced at any time ofday or night. Before 16 1/2 Who Are "Immediate I am almost 16. Can 1 obtain my "Junior Family Members"? Operator's License" when I furn 16? A No.Thelawrequiresthatyoubeatleast 16 1/2to Who is considered to be an "immediate obtain a"JuniorOperator'sLicense."Youwould familymember"forpurposesofthepassenger havetoobtainyourLearner'sPermitatage 16and A restriction? drive for six (6) months without any surchargeable incidents or motor vehicle offenses before you would be Thestatutedoesnotdefinetheterm. Black'sLaw eligibletoapplyfora"JuniorOperator'sLicense"atage 1 Dictionarydefines"immediatefamilymember" 1/2. as the term generally referringto one's parents, wife or husband, children, and brothers and sisters. The RMV believes that step-brothers and step-sisters can reasonablybe expectedto be included. To date, however, Penalty for Violation of nocourtdecisionshaveyetdecidedhow thetermrelatesto Passenger Restriction a JOL holder. No Passenger Restriction I will be getting my "Junior Operator's Exemption for JOL Driver License" shortly. What is the penalty ifI get Car-Pooling to School caughtdrivingwithmyfriendswhoareunder age 18 ifI do not have a licensed driver aged A 21 or over, in the car? heard that a new driver with a JOL is not Youmaynotoperateamotorvehicle,withinthe subjecttothepassengerrestrictionduringthe firstsix (6)months afterreceivingyour"Junior timeswhen he is driving his friends to and Operator's License" while any person under the from high school in a car pool. Is this true? age of 18 is in the vehicle (other than yourself or an A immediatefamilymember),unlessyouareaccompaniedby apersonwhoisatleast21 yearsold,hasatleastoneyearof No. The law does not provide an exemption driving experience, holds a valid driver's license from fromthe passengerrestriction fora JOLdriver Massachusetts or another state, and is occupying a seat who is driving his friends to or from school. besideyou. Similarly, there is no exemption from the passenger restriction to transport friends to or from a prom or other NOTE: Ifyou violate the restriction against carrying a school-relatedactivity. passenger under age 18, you will be subject to a license suspension of 30 days for a first offense, 60 days for a second offense and 90 days for a third or subsequent Police Officer knows ifJOL 19 offense. The law requires the Registrar to impose this suspension in addition to any other penalty, fine, holder is subject to the suspension,revocationorrequirementthatmaybeimposed "Passenger Restriction" in connection with a violation committed at the time you were violatingthepassengerrestriction. TheRegistrarhas determined that theperiod ofsuspensionforaviolation of the passenger restriction must run after any other Q The backofmy JOL says that "passenger suspension has been completed. When your "Junior restrictionmayapplyifunder 18." Howwilla Operator's License" is reinstated, you will still have the police officer who stops me know if1 am remainder of the six (6) month restriction period to A subject to the restriction? complete that existed at the beginning ofthe suspension period. Note: While a violation ofthe "time restriction" Onceaperson isstoppedbyaPoliceOfficer,the betweenmidnightand 1:00a.m. andbetween4:00a.m.and officernormallychecksthevalidityandstatusof 5:00 a.m. is subject to "secondary enforcement" (see Q U thedriver'slicensebycontactingthe Registryof 22), a violation of the passenger restriction is not. A Motor Vehicles. If, as the driver, you possess a Junior Operator's License and there are unrelated persons under havetobe licensed. However,the law requiresthat atleast theageof18 inthevehicle, and no licenseddriver21 years one ofyour parents accompany you whenever you drive of age or over supervising your driving from the front during the midnight to 5:00 a.m. time period, until you passenger seat, the Officerwill make an additional query. reachtheageof18. Thisrequirement istoprovideparental The Officer will also ask the Registry (cither through a supervision duringovernight hourswhen young, inexperi- computer link in the police car or through a computer enceddriverstypicallyhaveahigherincidenceofaccidents terminal at the police station) if you are subject to the and movingviolations. Priorto obtainingtheJOL(during passenger restriction. The Registry data link will confirm theLearner'sPermitstage)youwere notavalidlylicensed that you are orare not subject tothe restriction. driversothelawrequiredyourparenttobelicensedinorder to superviseyourdrivingduringthose same hours. Are youstillsubjectto the passengerrestriction? Note, Parent Must Accompany that ifyou arc still subject to the passengerrestriction, the 20 JOL Holder between law prohibits you (at any time of day) from carrying a personunderthe age of18 who isnot an immediate family Midnight and 5 a.m. member,unlessyouare accompaniedbyavalidlylicensed driverwhoisatleast21 orolderand whohashadhisorher license for at least one year. Ifyou are carrying a person QI under the age of 18, who is not an immediate family am under 18yearsofage. I know my member, between midnight and 5:00 a.m., either the parent must be in the carwhen I operate it parent accompanying you must be validly licensed or with my Learner's Permit between the hours you must also be accompanied by a person (seated of 12:00 a.m. (midnight) and 5:00 a.m. besideyou)whomeetstheabovedescriptionofavalidly SomeonetoldmethatthesamewillbetrueafterIgetmy licensed driver. "JuniorOperator's License."Is thatright?What is the Apenalty ifI get caught without my parent in thecar? Time Restriction Violation Ifyou are caughtoperatingon a"Junior Treated as Secondary Offense Operator'sLicense*'duringthosehours, without During Certain Hours your parent present in the vehicle, you will be deemedtobeoperatingamotorvehiclewithoutbeingduly QI licensed. Itis acriminal offense andyoumaybepunished by afine ofnot less than $100normore than $200. am afraid that I may be cited fordriving without my parentin the car between the Parent ofJOL Holder Need hoursof12:00a.m.and 5:00a.m.,inviolation ofthe restrictions ofmy"JuniorOperator'sLicense."I Not be Licensed ... am 17 1/2and I drivemyselftoworkonweekendnights Exception at "BurgerWorld." On Friday nights I usually get out ofwork at 11:30 p.m. and I can drive home in twenty minutes. Sometimes(but nottoo often) the boss keeps Q 1 am under 18 and I know that one ofmy uIsdolatneortawnadnItdtoon'ltosgeetmyout"Juunntiilor12O:p0e0raa.tmo.r'(smiLdinciegnhste)". the hourswpiaotrfhen1mt2:sy0m0"uJasu.ntmi.boer(miOnipdetnrhiaegthcotar)r'swahnLidecn5e:nI0so0ep"eabr.aemt.teweMiteyn bdeuftinIitedloyn'btewcaitnetd ftoorgviivoelautipngthtehejroebs,treiictthieorn.iWfiIllamI Aseen driving at 12:15 a.m.? problemisthatneitheroneofmyparentshasaDriver's LofictehnesemadnudritnhgatthisoswehyhoIurcsouwldhennevIerhaddrimveywiLteharenietrh'esr hSoeuctrisoonfth1r2e:e00(3a).omf.tahnedla1w:0s0ayas.mt.haatnbdetbweetewneetnhe Permit. Can Ioperatebetweenmidnightand5:00a.m., 4:00a.m. and5:00a.m.,theprovisionsofthelaw Aifaccompanied by an unlicensed parent? shallbeenforcedbylawenforcementagenciesonlywhena junior operator of a motor vehicle has been lawfully Yes. AsaJOLholderyou can legallyoperate stopped for a violation ofthe motor vehicle laws orsome betweenmidnightand 5:00 a.m. ifaparentisin other offense. This is called "secondary enforcement." the vehicle with you, even though your Mom or However, it is still illegal foryou to operate during those Dadisunlicensed. YouaretheholderofaJOLbecauseyou times withoutaparentpresentinthecar. have passed a written test, completed a Driver Education programapprovedbytheRegistrar,completedaminimum of six hours of behind-the-wheel driving in class and a minimum ofan additional 12hourssupervised byaparent or guardian, and have demonstrated that you have the necessary skills to safely operate the vehicle, during an RMV supervisedroadtest. Therefore,yourparentdoesnot 00 "'Enhanced Penalty" for to 21 who committ the same offense. These are the 23 sanctions for a person under the age of18. Repeat Speeding or Racing Violations Taking and Failing the Breath (Breathalyzer)Test: • A breath test reading of.02 orabove will result in a li- Q 1 am 17 and I have alreadyobtained my censesuspensionforanydriverwhoisundertheageof18at "JuniorOperator's License" I recently thetime ofthe arrest. received a speedingcitation and paid the fine. Myformerdrivingschoolinstructorsaysthat,underthe Generally,breathtestreadingsof.02to .05 willresultin law, ifI getasecondspeedingorracingconvictionwhile a 1 yearlicensesuspension. Thesuspensionmaybereduced I have my "Junior Operator's License," my licensewill to 180 days ifthe offendervoluntarily entersand completes bAe suspended. Is this true? aYouthAlcohol Programrecognized by the Department of Public Health. Yes.Thelawrequiresamandatorysuspension,in additionto anyotherpenalty, finesuspension, An offenderwho is underthe age of18 may be charged revocation or requirement that may be imposed, with OUI (OperatingUnderthe Influence) ifhis/herbreath of180daysforasecondoffenseandone(I)yearforathird test reading is .06 or higher. Ifcharged, the offender will orsubsequentoffense foranycombination ofviolations of receivea90 daysuspensionin addition totheoneyearsus- thefollowinglaws: pension described above. * Conviction for Speeding (speeding on a way) • IfanoffenderisconvictedofOUIororderedbythecourt MassachusettsGeneralLaw,Chapter90,Section17;(c.90,§17) toenteraDriverAlcoholEducationProgram(DAEP),a21 day suspension will be imposed in addition to the above *ConvictionforSpeedingoncertainhighways(speedingon describedsuspensions. portions of Mass Pike, portions of1-91, portions of1-95). (c.90, §17A) Refusing toTake a Breath (Breathalyzer)Test: * ConvictionforDragRacing(operatingonawayatahigh • An operatorunderthe age of 18 who has been arrested rateofspeedincompetitionwithanotherdriver),(c.90, §17B) for Operating Under the Influence (OUI), and refuses to take a chemical test (usually a breath test), faces two (2) * Convictionforviolatingspecial speedregulations(setby separate license suspensions before the case even goes to cities, towns, statehighway department), (c .90, §18). court. Note: • The operator faces a 180 day license suspension forthe * The conviction need not occurwhile you arestill chemical test refusal - ifhe or shehasno priorrecord ofan under age 18, only the offense. OUIconviction. (Ifhe orshehastwopriorOUI convictions before the most recent arrest, the suspension period forthe * The two findings do not have to be for thesame refusalwill beone(1)year). offense. • In addition to the above penalty, the operator faces an * A"responsible" finding on a citation is deemed to additional one (1) year license suspension. The additional be a "conviction." suspension applies to any operatorunderthe age of18 who refuses totake a chemical testofhis orher breath orblood whenarrestedforOperatingUndertheInfluence. Thisaddi- Penalty for Breath Test Failure 24 tional suspension maybe reducedto aperiod of 180days if or Breath Test Refusal by a theyouthfuloffendervoluntarilyentersandcompletesaYouth Motor Vehicle OperatorUnder Alcohol Program recognized by the Department ofPublic Health. theAgeof 18. IfanoffenderisconvictedofOUIororderedbythecourt Q I have heard that because I am under age toenteraDriverAlcoholEducationProgram(DAEP),a21 18 I facestifferpenaltiesifI failabreathtestor day suspension will be imposed in addition to the above A refuse to take one. Is that so? describedsuspensions. All driversunderthe age of21 face"enhanced" Regardless ofwhether the offender fails or refuses to take penalties foroperatingamotorvehicle after thetest, itisimportanttonotethattheadditionalone(1)year consuming alcoholic beverages. Massachusetts suspension penalty is not affected by the outcome of the law prohibits the consumption ofalcohol byanyone under offender'scourtcaseorcriminalcharges,even iftheoffender the age of21. Operators under the age of 18 face even is found not guilty. While there may be insufficient evi- stiffer sanctions for operating a motor vehicle after dence for a criminal conviction, the law recognizes that an consumingalcoholicbeveragesthan individualsaged 18 operatorundertheageof21 (especiallyoneundertheageof