By Mr. Casey of Winchester, petition (accompanied by bill, House, No. 3450) of Paul C. Casey relative to the revocation of motor vehicle drivers' licenses without a hearing.  Transportation.

 

The Commonwealth of Massachusetts

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PETITION OF:

 


Paul C. Casey

 

 


 

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In the Year Two Thousand and Seven.

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 An Act relative to the revocation of motor vehicle driver's licenses without a hearing.

 

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:


 

SECTION 1. Section 22 of Chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out paragraph (c) and substituting therefor the following paragraph:—
If the registrar receives official notice, in any form which the registrar deems appropriate, including electronic transmissions, that a resident of the commonwealth or any person licensed to operate a motor vehicle under the provisions of this chapter has been convicted in another state or country of a motor vehicle violation, the registrar shall give the same effect to said conviction for the purposes of suspension, revocation, limitation or reinstatement of the right to operate a motor vehicle, as if said violation had occurred in the commonwealth.
As used in this section, “motor vehicle violation” shall mean a violation of law, regulation, by-law, or ordinance, except a violation related to parking, the nature of which would have been reported to the registrar pursuant to chapter eighty-nine, ninety, ninety C, or one hundred and seventy-five, if said violation had occurred in the commonwealth.
If the registrar receives official notice, in any form which the registrar deems appropriate, including electronic transmissions, that a resident of the commonwealth, or any person licensed to operate a motor vehicle under the provisions of chapter ninety, or any applicant therefor has had a license or right to operate suspended or revoked in another state or country, the registrar shall conduct a hearing at a time and place selected by the registrar to determine the severity of the offense as to its effect upon the Commonwealth of Massachusetts. After the hearing if the license, the registrar shall not issue a license to said person, and if a license has already been issued the registrar shall immediately revoke said license. However, if said license or right to operate is subsequently reinstated by such other state or country, the person may apply to the registrar for reinstatement of said license in the commonwealth.

SECTION 2. Section 20 of Chapter 90 is hereby amended by striking out the portion of the fourth paragraph which reads as follows:—
Upon a third or subsequent conviction in the same twelve month period of a violation of section sixteen or section seventeen or of a regulation made under section eighteen said violation having occurred in the same year, the registrar shall forthwith revoke the license of the person convicted, and no new license shall be issued to such person for at least thirty days after the date of such revocation, nor thereafter except in the discretion of the registrar; and substituting therefor the following:—
Upon a third or subsequent conviction in the same twelve month period of a violation of section sixteen or section seventeen or of a regulation made under section eighteen said violation having occurred in the same year, the registrar shall conduct a hearing to determine the severity of the violations and after the hearing, if the registrar so determines, the registrar may revoke the license of the person convicted, and no new license shall be issued to such person for at least thirty days after the date of such revocation, nor thereafter except in the discretion of the registrar;.

SECTION 3. Section 22 of Chapter 90 is amended by striking out paragraph (a) and substituting therefor the following:—
Section 22. (a) The registrar may suspend or revoke, after a hearing, which hearing shall be held at the time and place designated by the Registrar, any certificate of registration or any license issued under this chapter whenever the holder thereof has committed a violation of the motor vehicle laws of a nature which would give the registrar reason to believe that continuing operation by such holder is and will be so seriously improper as to constitute an immediate threat to public safety. If it is decided after hearing that suspension and revocation is justified the registrar shall forthwith send written notice thereof to licensee or registrant as the case may be. The registrar may order the license of such operator or the registration certificate and number plates to be delivered to him; and neither the certificate of registration nor the license shall be reissued unless, upon examination or investigation, or after another hearing, the registrar determines that the operator shall be again permitted to operate. The registrar, under the same conditions, and for the same cause, may also suspend the right of any person to operate motor vehicles in the commonwealth under section ten until he shall have received a license from the registrar or until his right to operate has been restored by the registrar.