Lifetime Disqualification Waiver Program

The Registry of Motor Vehicles (RMV) promulgated regulations, 540 CMR 2.06(9)(c)(5), relating to part (C) of M.G.L. Chapter 90F, Section 9 for the implementation of a new Lifetime Disqualification Waiver Program. Drivers who are currently subject to a lifetime disqualification for refusals to submit to a chemical test or analysis of the person’s breath or blood, convictions under M.G.L. Chapter 90F, Section 9(A)-(B), or convictions under paragraphs (b)(1) through (8) in Table 1 of 49 CFR 383.51, may now be eligible to end their lifetime disqualification and be eligible to apply for a Commercial Driver’s License (CDL) if they have served no less than 10 years of the lifetime disqualification and meet the other program requirements.

Beginning on July 18, 2025, the RMV will accept an Initial Eligibility Review Application from a driver seeking a waiver approval. Applications will be accepted no sooner than 6 months prior to completion of the 10-year disqualification requirement.

Waiver Program Disqualifiers

• Applicants who were disqualified in another state or jurisdiction are not eligible for reinstatement through this application.
• Drivers disqualified due to convictions of using a vehicle in the commission of a felony involving manufacturing, distributing, or dispensing a controlled substance, or using a commercial motor vehicle in the commission of a felony involving severe forms of trafficking of persons are not eligible for reinstatement through this application.

Initial Eligibility Criteria

Drivers disqualified for life from holding a CDL may be eligible for the waiver program provided that they:

• Served no less than 10 years of their lifetime disqualification;
• Have a driving record with no disqualifying convictions under 49 C.F.R. 383.51(b)-(e) or M.G.L. c. 90F, §9(A)(B) and (D) for the entirety of the disqualification period served;
• Were continuously eligible for a driver’s license during the most recent 10-year period, excluding statutorily mandated suspensions unrelated to motor vehicle offenses, except as otherwise provided in 540 CMR 2.06(9)(c)(5);
• Are not currently on the federal Drug and Alcohol Clearinghouse (DACH) prohibited list at the time of their application for reinstatement;
• Submit to a criminal background check, the results of which show no convictions, as defined by 49 CFR 383.5 and M.G.L. c. 90F, §1, involving alcohol, drugs, or controlled substances during the past 10 years, including but not limited to refusals to submit to a chemical test, analysis of the person’s breath or blood, and dispositions of continued without a finding; and
• Currently possess an active Massachusetts Class D driver’s license.

Drivers Approved for Removal of Lifetime Disqualification

• Reinstatement approval shall not be effective until 10 years of the disqualification requirement has been served in full.  The RMV will set the end date on the lifetime disqualification as the date of final approval, or the driver’s 10-year reinstatement eligibility date, whichever is later.
• An RMV approval of an Application for Reinstatement allows a driver to move forward with the reinstatement process, but it will not automatically reinstate the Commercial Driver’s License (CDL). Final approval ends the lifetime disqualification on the driving record and allows the driver to move forward with the application and testing process to obtain a CDL.
• Drivers are required to apply as a new commercial driver’s applicant within 90 days of the cease date of the lifetime disqualification from their record. They are responsible for all fees associated with the commercial application, knowledge and skills testing, and any training related fees.
  • Drivers who have not previously held a CDL will be required to complete Entry Level Driver Training (ELDT) per 49 CFR Parts 380 prior to scheduling their CDL Skills Test.
  • Drivers who have previously held a CDL are required to complete a course in commercial motor vehicle operation prior to scheduling the required CDL Skills Test.
• Any driver who has been reinstated as part of this program, and who is subsequently convicted of any disqualifying offense described in M.G.L. c. 90F, § 9(A)-(B) or (D), or under Table 1 of 49 CFR 383.51, is subject to an immediate, permanent lifetime disqualification.