Massachusetts limits lookback period for some lifetime CDL disqualifications
Gov. Maura Healey wrote to the Transportation Association of Massachusetts on Jan. 7, noting she had signed an Act Relative to Commercial Driver’s Licenses. The letter is available here.
Revisions to Chapter 90F, Section 9 of Massachusetts General Law limit the lookback period for lifetime disqualification for offenses that occurred before the federal implementation deadline of September 30, 2005, except where required by federal law or in instances where a driver has three or more convictions for operating under the influence.
The legislation added the following paragraph.
(I) A person shall not be disqualified from operating a commercial vehicle under paragraphs (A) or (B) based upon convictions occurring on or before September 30, 2005, unless: (i) the person has 3 or more convictions for operating under the influence under section 24 of chapter 90 or (ii) disqualification is required under 49 C.F.R. 383.51 or any other federal statute or regulation.
More information about the situation many Massachusetts drivers previously faced is available online.
Drivers notified by the RMV in August that their CDL was being downgraded, who may benefit under this change, will be notified if their lifetime commercial disqualification has been removed, and provided with any next steps to retaining or maintaining their commercial driving privilege.
Certain additional drivers with a current Massachusetts based lifetime disqualification or who are ineligible to obtain a CDL due to convictions on or before September 30, 2005, may now be eligible to regain their commercial driving privileged. Those drivers may contact the RMV dedicated phone line (617) 657-3623 if they are interested in obtaining a CDL to inquire whether they are now eligible.
There are several reasons the removal of the lifetime disqualification does not permit immediate restoration of your commercial driving privileged.
A few examples are:
- Having a post September 30, 2005 conviction and not having served all or part of the mandatory 1-year disqualification;
- Having other obligations restricting your commercial, such as being in prohibited status with the Federal Drug and Alcohol Clearinghouse;
- Having an expired commercial medical self-certification;
- Having an Ignition Interlock Device Requirement; or
- If you have outstanding child-support, taxes or other financial obligations impacting your license.
