Code of Massachusetts Regulations
220 CMR - DEPARTMENT OF PUBLIC UTILITIES
Title 220 CMR 274.00 - Transportation Network Companies
Section 274.21 - Suitability Standard
All categories are construed as within time frames (look-back periods) during which a Driver shall not have a particular condition, offense, or violation. All conditions, offenses, and violations are construed to include Massachusetts law or like/similar law(s) of another state, the United States, a military, territorial or Native American tribal authority, or any other jurisdiction. All criminal disqualifying conditions, offenses, and violations include the crimes of attempt, accessory, conspiracy, and solicitation.
All look-back periods for criminal conditions, offenses, and violations commence upon the date of disposition; provided, however, that if the disposition results in incarceration in any institution, the look-back period shall commence upon release from incarceration. All look-back periods for motor vehicle conditions, offenses, and violations commence upon the date of finding of the condition, offense, or violation; provided, however, that if the violation resulted in a license suspension, the look-back period shall commence upon the termination of the suspension.
A conviction is a mandatory disqualification for all look-back periods. A continuance without a finding is a mandatory disqualification if within seven years and a presumptive disqualification if after seven years. All conditions within the present look-back period and the three-year look-back period are mandatory disqualifying conditions, offenses, and violations. A discretionary disqualification is a presumptive disqualification.
PRESENT |
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Age Requirements |
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(a) Must be at least 21 years old; (b) If under 23 years old, must have held a valid United States driver's license for not less than three years; and (c) If 23 years of age or older, must have held a valid United States driver's license for not less than one year |
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Open/Unresolved Criminal Proceeding(s) |
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Any outstanding or unresolved criminal proceeding, the disposition for which would result in a negative determination of suitability, including but not limited to cases of active probation. |
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Open/Unresolved Motor Vehicle Violation(s) |
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Any outstanding or unresolved driving infraction that would result in a negative determination of suitability. |
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Open/Unresolved Criminal Warrant(s) |
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Any outstanding or unresolved warrant for arrest. |
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Sex Offender Registration |
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Required to register as a sex offender in any jurisdiction. |
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THREE YEARS |
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Multiple Traffic Violations |
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(a) More than four traffic violations, as defined by 211 CMR 134.00: Appendix A: Traffic Law Violations, and M.G.L. c. 159A1/2, § 7; or (b) Any one major traffic violation pursuant to 211 CMR 134.00: Appendix A: Traffic Law Violations. |
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FIVE YEARS |
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License Suspension |
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Any suspension of driver's license for reasons related to the operation of a motor vehicle, including: (a) license suspension for three or five surchargeable incidents as defined by 211 CMR 134.00: Appendix A: Traffic Law Violations and subsequent failure to take the related driver retraining course within the prescribed amount of time; (b) license suspension for seven surchargeable incidents as defined by 211 CMR 134.00: Appendix A: Traffic Law Violations; (c) refusal to take a chemical breath test; (d) immediate threat; (e) complaint fraud; or (f) racing. |
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SEVEN YEARS |
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Felony Conviction |
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A conviction for an offense with an available maximum penalty of more than 21/2 years' imprisonment. |
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Felony Fraud |
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Including but not limited to: M.G.L. c. 90, § 24B (counterfeiting motor vehicle documents) M.G.L. c. 266, § 30 (larceny - over $250 only) M.G.L. c. 266, § 30B (unlawful possession of theft detection shielding device or deactivator) M.G.L. c. 266, § 30C (use of counterfeit receipt with intent to defraud) M.G.L. c. 266, § 30D (organized retail crime) M.G.L. c. 266, § 31 (obtaining signature by false pretenses) M.G.L. c. 266, § 32 (fraudulent conversion of property by captain of vessel) M.G.L. c. 266, § 33 (larceny by false pretenses relating to contracts, banking transactions or credit) M.G.L. c. 266, § 35A (false material statements in connection with mortgage lending) M.G.L. c. 266, § 37 (uttering fraudulent checks) M.G.L. c. 266, § 37C (fraudulent use of credit cards - felony form only) M.G.L. c. 266, § 39 (destruction or concealment of will) M.G.L. c. 266, § 40 (common and notorious thief) M.G.L. c. 266, § 50 (fraud or embezzlement by state treasury employee) M.G.L. c. 266, § 51 (fraud or embezzlement by city, town or county employee) M.G.L. c. 266, § 52 (fraud or embezzlement by bank officer or employee) M.G.L. c. 266, § 53A (misconduct by bank officer or employee) M.G.L. c. 266, § 55 (embezzlement by liquidating agent or receiver) M.G.L. c. 266, § 56 (embezzlement by broker or agent) M.G.L. c. 266, § 57 (embezzlement by fiduciary) M.G.L. c. 266, § 60A (buying or selling stolen trade secrets) M.G.L. c. 266, § 66 (fraudulent issue of stock) M.G.L. c. 266, § 67 (false entry in corporate books) |
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M.G.L. c. 266, § 67A (false statement in procurement) M.G.L. c. 266, § 67B (presentation of false claims) M.G.L. c. 266, § 67C (false entry in records relating to capital construction projects) M.G.L. c. 266, § 73 (obtaining goods under false pretenses) M.G.L. c. 266, § 74 (fraudulent use of corporate credit) M.G.L. c. 266, § 75 (obtaining property by trick - over $250 only) M.G.L. c. 266, § 76 (gross fraud or cheat at common law) M.G.L. c. 266, § 110 (false invoice of cargo) M.G.L. c. 266, §111 (false affidavit or protest) M.G.L. c. 266, § 111A (insurance fraud) M.G.L. c. 266, § 111B (motor vehicle insurance fraud) M.G.L. c. 266, § 111C (fraudulently obtaining benefits under insurance contract) M.G.L. c. 267, § 1 (false or forged records) M.G.L. c. 267, § 2 (forged tickets) M.G.L. c. 267, § 3 (forged seal of land court) M.G.L. c. 267, § 4 (forged railroad company stamp) M.G.L. c. 267, § 5 (uttering false record) M.G.L. c. 267, § 6 (uttering forged ticket) M.G.L. c. 267, § 7 (forged bill of credit issued by treasurer) M.G.L. c. 267, § 8 (forged bank bill or note) M.G.L. c. 267, § 9 (possession of ten or more counterfeit notes) M.G.L. c. 267, § 10 (uttering counterfeit note) M.G.L. c. 267, § 11(common utterer) M.G.L. c. 267, § 12 (possession of counterfeit notes) M.G.L. c. 267, § 13 (possession of tools for counterfeiting) M.G.L. c. 267, § 17 (possession of ten or more counterfeit coins) M.G.L. c. 267, § 18 (possession of fewer than ten counterfeit coins) M.G.L. c. 267, § 19 (common utterer of counterfeit coins) M.G.L. c. 267, § 20 (tools for making counterfeit coin) M.G.L. c. 267, § 27 (possession of worthless bank notes) M.G.L. c. 267, § 28 (uttering worthless bank notes) M.G.L. c. 268, § 1 (perjury) M.G.L. c. 268, § 2 (subordination of perjury) M.G.L. c. 268, § 3 (attempt to procure perjury) M.G.L. c. 268, § 6 (false report before state departments) M.G.L. c. 268, § 13 (corrupting masters, auditors, jurors, arbitrators) M.G.L. c. 268, § 13B (willfully misleading to obstruct a criminal investigation) M.G.L. c. 268, § 13E (tampering with record document for use in judicial proceeding) M.G.L. c. 268, § 36 (compounding or concealing a felony) M.G.L. c. 268, § 39 (perjury related to motor vehicle theft) |
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Motor Vehicle Offenses |
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Any offense under M.G.L. c. 90, § 24 M.G.L. c. 90B, § 8 (operating under the influence watercraft) M.G.L. c. 90F, § 11 (operating a commercial vehicle under the influence) |
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Violent Crimes and Abuse-related Offenses |
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A "violent crime" pursuant to M.G.L. c. 127, § 133E or M.G.L. c. 140, § 121 M.G.L. c. 209A (abuse prevention or restraining order) M.G.L. c. 258E (harassment protection order) M.G.L. c. 265, § 13A (assault or assault and battery) M.G.L. c. 266, § 16 (breaking and entering nighttime - felony) M.G.L. c. 266, § 17 (entering without breaking - felony) M.G.L. c. 266, § 18 (breaking and entering daytime - felony) M.G.L. c. 266, § 25 (larceny from a person) |
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M.G.L. c. 266, § 37 (identity fraud) M.G.L. c. 268, § 13B (witness intimidation) M.G.L. c. 272, § 53 (indecent exposure and annoying or accosting another person) M.G.L. c. 275, § 2 (threats) A crime involving the illegal use or possession of weapons |
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TEN YEARS |
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Habitual Traffic Offender |
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Habitual traffic offender license suspension, by an adjudicatory body or motor vehicle licensing authority. |
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INDEFINITE |
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Felony Robbery |
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M.G.L. c. 265, § 17 (armed robbery) M.G.L. c. 265, § 18 (assault to rob) M.G.L. c. 265, § 19 (unarmed robbery) M.G.L. c. 265, § 21 (stealing by confining or putting in fear) M.G.L. c. 265, § 21A (carjacking) M.G.L. c. 266, § 14 (armed burglary) |
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Multiple Driving Offenses |
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Two or more of the following offenses, in any combination: (a) Any form of operating under the influence; (b) Any leaving the scene of personal injury; (c) Any leaving the scene of property damage; (d) Any negligent operation; or (e) Any reckless operation. |
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Serious Bodily Injury Offenses |
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Any offense involving the serious bodily injury or death of another person, including but not limited to: M.G.L. c. 90B, § 8A (operating under the influence causing serious bodily injury - watercraft) M.G.L. c. 90B, § 8B (operating under the influence causing death - watercraft) M.G.L. c. 90, § 24(2)(a1/2)(2) (leaving the scene of an accident causing death) M.G.L. c. 90, § 24G (motor vehicle homicide) M.G.L. c. 90, § 24L (operating under the influence causing serious bodily injury - motor vehicle) M.G.L. c. 265, § 131/2 (operating under the influence causing manslaughter) |
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Sexual Conduct & Abuse Related Offenses |
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Any "sex offense" as defined by M.G.L. c. 6, § 178C and M.G.L. c. 127, § 133E, including but not limited to: M.G.L. c. 265, § 13B (indecent assault and battery on a child younger than 14 years old) M.G.L. c. 265, § 13B1/2 (aggravated indecent assault and battery on a child younger than 14 years old) M.G.L. c. 265, § 13B3/4 (indecent assault and battery on a child younger than 14 years old by a previously similarly convicted offenders, adjudicated delinquent, or youthful offender) M.G.L. c. 265, § 13F (indecent assault and battery on a mentally retarded person) M.G.L. c. 265, § 13H (indecent assault and battery on a person 14 years of age or older) M.G.L. c. 265, § 13L (child endangerment) M.G.L. c. 265, § 22 (rape) M.G.L. c. 265, § 22A (rape of a child with force) |
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M.G.L. c. 265, § 22B (aggravated rape of a child younger than 16 years old with force) M.G.L. c. 265, § 22C (rape of a child with force by similarly previously convicted offenders, delinquency adjudications, or youthful offenders) M.G.L. c. 265, § 23 (rape and abuse of a child) M.G.L. c. 265, § 23A (aggravated rape and abuse of a child) M.G.L. c. 265, § 23B (rape and abuse of a child by similarly previously convicted offenders, delinquency adjudications, or youthful offenders) M.G.L. c. 265, § 24 (assault with intent to commit rape) M.G.L. c. 265, § 24B (assault of a child with intent to commit rape) M.G.L. c. 265, § 26 (kidnapping of a child) M.G.L. c. 265, § 43 (stalking) M.G.L. c. 265, § 43A (criminal harassment) M.G.L. c. 272, § 2 (enticing away a person for prostitution or sexual intercourse) M.G.L. c. 272, § 3 (drugging persons for sexual intercourse) M.G.L. c. 272, § 4A (inducing a minor into prostitution) M.G.L. c. 272, § 4B (living off or sharing earnings of a minor prostitute) M.G.L. c. 272, § 6 (owner of place inducing or suffering person to resort in such place for sexual intercourse) M.G.L. c. 272, § 7 (support from, or sharing, earnings of prostitute) M.G.L. c. 272, § 8 (soliciting prostitute) M.G.L. c. 272, § 12 (procuring person to practice, or enter a place for, prostitution; employment office procuring person) M.G.L. c. 272, § 13 (detaining, or drugging to detain, person in place for prostitution) M.G.L. c. 272, § 16 (open and gross lewdness and lascivious behavior) M.G.L. c. 272, § 17 (incestuous marriage or intercourse) M.G.L. c. 272, § 28 (disseminating to a minor matter harmful to a minor) M.G.L. c. 272, § 29A (exposing or exhibiting a child in a state of nudity) M.G.L. c. 272, § 29B (dissemination of visual material of a child in a state of nudity or sexual conduct) M.G.L. c. 272, § 35A (unnatural and lascivious acts with a child younger than 16 years old) M.G.L. c. 272, § 39 (aggravated rape) M.G.L. c. 272, § 105 (upskirting) |
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Violent C |
rime II |
A "violent crime" pursuant to M.G.L. c. 127, § 133E or M.G.L. c. 140, § 121 that is punishable by ten years or more in state prison. |
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DISCRETIONARY |
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A presumptive negative suitability determination may issue if reliable information demonstrates that a Driver acted in a manner that resulted in jeopardy to the health, safety, or welfare of any person, or that a Driver's provision of Services is not consistent with the public interest. |