Code of Massachusetts Regulations
540 CMR - REGISTRY OF MOTOR VEHICLES
Title 540 CMR 25.00 - Certification, installation, use and maintenance of ignition interlock devices
Section 25.02 - Scope and Applicability

Universal Citation: 540 MA Code of Regs 540.25
Current through Register 1531, September 27, 2024

540 CMR 25.00 shall apply in all cases in which a Hardship License or right to operate has been granted pursuant to M.G.L. c. 90, § 24(1)(c), (2), (3) and (3U), or M.G.L. c. 90, § 24D, either by the Registrar or ordered by the Board of Appeal on Motor Vehicle Liabilities, Policies and Bonds (hereafter "the Board"). 540 CMR 25.00 shall also apply to any person seeking issuance or reinstatement of a license or right to operate on or after January 1, 2006, who has two or more motor vehicle violations for operating under the influence of intoxicants. Motor vehicle violations include convictions under M.G.L. c. 24G(b); M.G.L. c. 24L; M.G.L. c. 265, § 13U; M.G.L. c. 90B, § 8(a); M.G.L. c. 90B, § 8A or 8B, assignments to alcohol or controlled substance abuse education, treatment, or rehabilitation programs, or any like offenses or assignments from other jurisdictions. 540 CMR 25.00 shall also apply in cases in which the Board orders a Hardship License or reinstatement on a suspension or revocation pursuant to: M.G.L. c. 90, § 24(c)(1), (3%), M.G.L. c. 90, § 24L, or M.G.L. c. 90, § 24G and c. 263, § 13U. 540 CMR 25.00 shall also apply in cases where a chemical test refusal license suspension of five years or greater is reinstated pursuant to the provisions of M.G.L. c. 90, § 24(1)(f)(1) or § 24N.

Any person seeking issuance or reinstatement on or after January 1, 2006 of a license or right to operate a motorcycle, as required under M.G.L. c. 90, § 2, who has two or more motor vehicle violations for operating under the influence of intoxicants, shall not be eligible for Hardship License or full reinstatement until the Ignition Interlock Restriction has been removed from his license or right to operate. Such person may apply for privileges to operate a Class D Vehicle, and the terms and conditions of the Ignition Interlock Restriction shall apply.

540 CMR 25.00 shall apply to any person seeking issuance or reinstatement on or after January 1, 2006 of a license or right to operate a Commercial Motor Vehicle (CMV), defined in federal regulations 49 CFR 383.5 and 390.5, who has two or more motor vehicle violations for operating under the influence of intoxicants, only to the extent that 540 CMR 25.00 permits such person to apply for privileges to operate a Class D Vehicle, under the terms and conditions of an Ignition Interlock Restriction.

An operator who does not hold a Massachusetts license who incurs a motor vehicle violation involving intoxicants while driving in Massachusetts is subject to the same penalties and restrictions on his right to operate as a driver who is licensed in Massachusetts.

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