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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:
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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.