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 25.10 - Sanctions
Current through Register 1531, September 27, 2024
(1) An operator who is identified as having committed an Ignition Interlock Violation is entitled to a hearing to determine, by a preponderance of the evidence, whether such violation occurred. The Registrar shall notify the operator of this right, and may take into account any and all information he or she deems relevant. Nothing in 540 CMR 25.10, however, limits the right of the Registrar to take immediate action pursuant to M.G.L. c. 90, § 22, as warranted by the need to protect public safety.
(2) Except as provided in 540 CMR 25.10(3), if the operator is determined to have committed an Ignition Interlock Violation while operating under the limited privileges of a Hardship License, the Registrar shall revoke the Hardship License for the balance of the original revocation period, and shall not issue any new license or reinstate the operator's right to operate for an additional ten years thereafter. If the operator is determined to have committed an Ignition Interlock Violation while operating under an otherwise fully reinstated license or right to operate, the Registrar shall revoke said license or right to operate for ten years. During such period, the operator shall not be eligible for any hardship license.
(3) If the operator is determined to have committed an Ignition Interlock Violation for two lockouts due to failed start-up tests (540 CMR 25.09(9)), the Registrar shall revoke any Hardship License for the balance of the original revocation period, and shall not issue any new license or reinstate the operator's right to operate for six months for a first offense, five years for a second offense, or ten years for a third or subsequent offense. During such period, the operator shall not be eligible for any hardship license.
(4) In the event of any two Ignition Interlock Violations based on Failed Rolling Retests, the revocation shall be for life.