Table Of ContentFAQs About Learner's Permits
UMASS/AMHERST
&
Junior Operator Licenses
312Qbb E77 b1b 1 The Massachusetts Registry ofMotor Vehicles (RMV)
GOVERMENT DOCUMENTS
COLLECTION
General Information
APR
A Summary ofJOL Requirements 2 8 2003
1.
2. Accident Rates for Young Drivers University of Massachusetts
Depository Copy
Learner's Permit Phase
3. Permit Holder I8 orOver Must be Accompanied by License Holder 21 or Over
4. Parent Need Not Personally Supervise Additional 12 Hours ofDriving
5. Restrictions on Learner's Permit Holder
6. Meaning of"Clean Driving Record"
7. Measuring the Six Month Period fora "Clean Driving Record"
8. Seat Belt Violation: Effect on "Clean DrivingRecord"
9. Convertinga Learner's Permit from Another State
10. Converting an Out-of-State Driver Education Certificate
1 1. Schedulinga Road Test Before End ofSix-Month Learner's Permit Period
12. Road Test Fee
13. Longer Period ofValidity for Learner's Permits
14. No Operation ofCommercial MotorVehicles by LP orJOL Holder
Junior Operator License Phase
15. NoJOL Issued Before 16 1/2
16. Penalty for Violation ofPassenger Restriction
17. Who Are "Immediate Family Members"?
18. No PassengerRestriction Exemption forJOL DriverCar-Pooling to School
19. Police Officerknows ifJOL holder is subject to the "Passenger Restriction"
20. Parent Must Accompany JOL Holder between Midnight and 5 a.m.
21. Parent ofJOL HolderNeed Not be Licensed ...Exception
22. Time Restriction Violation Treated as Secondary OffenseDuring Certain Hours
23. "Enhanced Penalty" forRepeat Speedingor Racing Violations
24. Penalty forBreath Test Failure or Breath Test Refusal bya MotorVehicleOperatorUnderthe Ageof 18.
25. "Enhanced Penalties" for JOL Criminal Violations
26. No Converting an Out-of-State License ifUnder 16 1/2
27. Convertingan Out-of-State License if 16 1/2-18
28. Massachusetts JOL Law Not Applicable toNon-Residents
29. Driving on a JOL in Other States
30. Non-Resident Student with Out-of-State License
31 Massachusetts Motorcycle Licensees Subject to JOL Law
.
32. Loss ofJOL for Alcohol/Drug Related Violations (Even ifNot Operating a MotorVehicle)
33. Loss ofDrivingPrivileges forUse ofFalse License/ID toObtain Alcohol
34. "Enhanced Penalty" forJOL Violation Applies Even ifHolderNot Convicted Until After Turning 18
35. JOL Suspensions Extend Beyond Age 18
T21336-0502
FAQs
About Learner's Permits
&
Junior Operator Licenses
The Massachusetts Registry ofMotor Vehicles (RMV)
The"JuniorOperatorLicense(JOL)Law"{Chapter220ofliteActsof199SJrequiresthestalersyoungestdriverstohave
moreexperiencebehindthewheelbeforearoadtestcanbetaken. Thelawisa"graduatedlicenselaw"inthatanewtyoung
driverstartsoutwith restrictionsthatareremovedasthedriveradvancesfromthe"learner'spermit"phasethrough the
"junioroperatorlicense"phaseintoa "fulllicense."AJOLprovidesforrestrictionsforaperiodoftimeafterthejunior
operatorlicenseis obtainedandprovides "enhancedpenalties"forcertain motorvehicle offensescommittedbyjunior
operators,such asspeedingandracingandthoseinvolvingalcoholordrugs. OperatorsovertheageofJSbutunderthe
ageof21arealsosubjecttospecialpenaltiesifalcoholordrugsareinvolved. Adriverceasestobeajunioroperatorwhen
heorsheturnsage IS, althoughpenaltieswillstillapplyforoffensescommittedwhileajunioroperator.
ThequestionsandanswerscontainedinthismaterialwerepreparedbytheLegalCounsel's OfficeoftheMassachusetts
RegistryofMotor Vehicles{RMV) toprovideassistancetoyoungdrivers,theirparents, membersofthelawenforcement
community,DriverEducationInstructorsandRMVemployees. AlthoughtheRMJ'obviouslycannotprepareananswer
foreverypotentialquestion thatmayberaisedconcerningthelaw, webelievethattheanswersthathavebeenprovided
representfair,logicalanddetailedresponsestothetypesofquestionsthatwefindareaskedmostfrequently. Theresponses
havebeenpreparedbaseduponacarefulreadingoftheprovisionsofthelawandtheinferencestobedrawnfromthem.
Tlicse responsesrepresentthe RMV*s opinion ofthe relevantprovisions ofthis law. The new questions andanswers
containedinthisdocumentsupplementpreviousmaterialrelatingtotheJOL law. To theextentthatarevisedansweris
providedforaquestioncontainedmanearlierversion,there\'isedanswerisintendedtosupersedethepreviousanswer*
A Summary ofJOL Requirements
1
QCI'I am 16 I/2 years old and I heard that there is alaw that requires driver trainingbefore
can 8C* m>' driver's license. Whatdoes the law require?
Ifyouapplyforadriver'slicenseandarebetweentheagesof16 I/2and 18youmusthavepossesseda learner'spermit
A':forat leastsix (6) monthsandwill only be issueda"JuniorOperator'sLicense"(JOL), upon passinga roadtest, and
.only if:
s*
* YouhavesuccessfullycompletedadrivereducationandtrainingprogramapprovedbytheRegistrarwhich includes30hours
ofclassroom instruction,six(6)[soontobeexpandedtoeight(8)]hoursofin-carbehind-the-wheeltrainingandsix(6)[soon
to bereduced to four (4)]hours in-carasanobserverofanotherstudentdriver;
*Youhavecompletedatleastanadditional 12hoursofsupervisedbehind-the-wheeldrivingasshownbyacertifiedstatement
^
providedbyyourparentorguardian;
* You havehad a learner'spermit forat least six (6) months; and
*3
*Youhavehada"cleandrivingrecord"foraminimumofsix(6)consecutivemonthsimmediatelyprecedingthedateyoutook
yourroadtest.
The most significant effectsofthe law'srequirements and restrictions are on the operation ofa motorvehicle bya person in
possession ofa "Junior Operator's License." A basic purpose ofthe law is to provide you with a supervised opportunity to
developgooddrivingskills,whilebeingfreeofpossibledistractionscausedbyhavingfriendsyourownagepresentwhileyou
are behind thewheel. Underthe law, ifyou are ajunioroperator(between the ages of 16 1/2 and 18):
* You maynotoperateamotorvehicle, withinthe firstsix (6)monthsafterreceivinga 'JuniorOperator's License"whileany
passenger underiheage of 18 is in the vehicle (otherthan yourselforan immediate family member), unlessyou are
accompaniedbyapersonwhoisatleast21 yearsold,hasatleastoneyearofdrivingexperience,holdsavaliddriver'slicense
from Massachusetts oranother state and isoccupyinga seat besideyou. Ajunioroperatorwho violatesthe passenger
restriction shall besubjecttoB licensesuspension ofupto90days. The six (6)monthpassengerrestrictionperiod will
stop runningwhen the suspension beginsand the remainderoftherestriction period will start ninningagain when the
suspension iscompleted.
* Asthe holderofa"JuniorOperator's License" (orLearner's Permit), you may not operate a motor vehicle duringthe
hours of 12:00 a m. (midnight) to 5.00 a.m. unlessaccompanied byyour parent oryour legal guardian.
* You may not operate amotorvehiclerequiringa commercial driver's license;
* Your"JuniorOperator'sLicense"will besuspended forasubstantial period oftime ifyou areunder 18yearsofageat
thetimecertain drivingoffenses involvingalcohol ordrugs are committed.
* You will face a license suspension fora 2nd or subsequent offense forspeedingordragracingviolations.
Accident Rates for Young Drivers
Q I am 16 1/2andjustgotmyJOL. I thinkI am agooddriver(bestin myDriverEdClass)
butI amalwayshearingthatkidsmyagehavetheworstaccidentrecords. Whatarethe
facts?
RMV
State law requires adriverto fileanAccidentReportwiththe foranyaccidentinvolvingadeath, serious
bodilyinjury,orpropertydamageinexcessof$1,000. ThefollowingindicatetheAccidentReportsfiledforthe
yearsindicated.
1997 Licensed Drivers vs. Crashes in Massachusetts (16-18 year olds)
Age Total Licensed Total Drivers Involved Percentage ofDrivers
Drivers in Crashes Involved in Crashes
16yearolds 10,826 5,059 47%
17 yearolds 46,523 10,960 24%
18 yearolds 54,859 9,538 17%
1998 Licensed Drivers vs. Crashes in Massachusetts (16-18 year olds)
Age Total Licensed Total Drivers Involved Percentage ofDrivers
Drivers in Crashes Involved in Crashes
16yearolds 10,739 4,982 46%
17yearolds 47,513 11,007 23%
18 yearolds 57,393 9,754 17%
1999 Licensed Drivers vs. Crashes in Massachusetts (16-18 year olds)
Age Total Licensed Total Drivers Involved Percentage ofDrivers
Drivers in Crashes Involved in Crashes
16 yearolds 9,705 4,097 42%
17 yearolds 44,196 10,205 23%
18yearolds 56,709 9,719 17%
2000 Licensed Drivers vs. Crashes in Massachusetts (16-18 year olds)
Age Total Licensed, Total Drivers Involved Percentage ofDrivers
Drivers in Crashes Involved in Crashes
16yearolds 10,418 4,446 43%
17 yearolds 46,064 1 1.078 24%
18 yearolds 57,801 10,634 18%
(Statistics for2001 LicensedDriversvs. Crashes inMassachusetts arenotyetavailable)
Itis apparent thatexperiencedoeshelp toreduceserious accidents.TheJOLlaw,withitspassengerand time restrictions,is designed to
give our youngest drivers the opportunity to develop good driving habits under somewhat controlled conditions. Use the opportunity
wisely!
2
3 Permit Holder 18 or Over 5
Restrictions on Learner's
Must be Accompanied by
Permit Holder
License Holder 21 or Over
QI
Q
am 18years old but I am only now getting Whatrestrictions am I subject to when
my first driver's license. I know that I will operatingon my Learner's Permit?
havetoobtainaLearner'sPermit. WillIhave A
to be accompanied by a licensed driver over the age of
21 when 1 operate on my Learner's Permit? Theholderofa Learner'sPermitmayoperate a
A motorvehicleupon anywaywhenaccompanied
Yes. By law, anyone who isoperatingamotor by an operator duly licensed by his state of
vehicleonaLearner'sPermit,regardlessofhisor residence, who is 21 years ofage or over, who has had at
herage, mustbe accompanied by a licensed leastoneyearofdrivingexperience and whois occupying
driverwho is at least21 years ofage. aseatbesidethe driver.
A Permitholderwho isunderthe age of18 may
Parent Need Not Personally notoperateamotorvehiclebetween thehoursof12:00
a.m. (midnight) and 5:00a.m. unless accompaniedby
Supervise Additional 12 hisparent orlegal guardian,whomust be a licensed
Hours of Driving operatorwith at least oneyearofdrivingexperience
andwhoselicenseorrighttooperate isnotrevokedor
suspended.
QI
• Theholderofa Learner's Permit maynotoperate
am a single parent and my 17 yearold son in anotherstate ifitis inviolationofthat state's law.
is going to apply forhis "Junior Operator's • Theholderofamotorcycle Learner'sPermit
License." He can go to the driver education (ClassM)maynot carrypassengers andmaynot
course at school and that is not a problem. However, I operate aftersunset orbefore sunrise.
work all day and I will probably not have the time to The holderofaLearner'sPermitmustbe in
supervise the additional 12 hours of required driving physicalpossession ofthePermitwhen operatinga
experience.Can mybrotherdo it? Can mybrotherand motorvehicle.
my uncle each supervise some oftherequired driving?
CAan I hire the drivingschool to do it? Meaning of
Youmay designateyourbrotherorany other "Clean Driving Record"
person to supervise yourson's 12 hours of
driving experience ifyour brother or the other
personisavalidlylicenseddriverovertheageof21 andhas
atleastone(1)yearofdrivingexperience.Yourbrotherand
youruncle can split the driving supervision, sincethe law know that I must have a "clean driving
doesnotrequire that onlyoneperson providethe 12 hours record" for the six (6) month periodjust
of supervised driving. You may also contract with any beforeItakea roadtest. Whatwouldprevent
driving school offering such services to supervise the me from having a "clean drivingrecord?"
additional 12hoursofdrivingexperience. Youmustmake A
sure that your son is receiving the required 12 hours of Youwouldnothavea"cleandrivingrecord,"and
instruction. You will have to certify, under oath, on your youwouldnotbe allowedtotaketheroadtestif,
son'sDriver'sLicenseapplication,thathedidreceivethe 1 withinthesix(6)monthsimmediatelypreceding
hoursofsupervised driving. the date ofthetest:
*YouhadanysurchargeableincidentunderMassachusetts
laworthelawofanotherstate(at-faultaccidents,moving
violations,etc.);
* You hadyourLearner'sPermitsuspended fordrugor
alcohol relatedmotorvehicleviolations;or
* You had beenconvicted forthe violation ofanydrugor
alcohol related laws in Massachusettsor in anotherstate
("convicted-'includeschargesthatare"continuedwithout
a finding" or"placed on tile").
Forthe purposesofthis section, an alternative disposition
ofa violation, including, but not limited to, having such Seat Belt Violation: Effect
violation continued without a finding, placed on file or a
on Clean Driving Record-
"responsible" finding on a civil motor vehicle infraction,
shallbedeemedtobeaconviction. Youmaynottakearoad
testuntil six months from the date ofthearrest or issuance
QI
ofthe citation.
am 17 and have had my Learner's Permit
7 Measuring the Six Month for almost six months with no accidents or
moving violations. I plan to take the road test
Period for a nextmonth.I wasrecentlyapassengerinacaranddidnot
"Clean Driving Record" have my seat belt on when the driver was pulled over for
speeding. I was issued a citation for not wearing my scat
belt. I plan to contest the citation incourt. IfI am found
responsible for the citation, will I losecredit for theclean
Effect of: A Citation; A Surchargable dAriving record I have had up until now?
Incident; and a Suspension No. You will not lose credit foryourclean
QI drivingrecord because the seatbeltcitation isnot
a moving violation and is not an event subject to
have had my Learner's Permit forover six surcharge for insurance purposes. Note: Ifyou are found
(c6i)tamtoionnthasn.dIIraecmengtoliyngretcoeicvoendteastspiteeatdianng rreesqpuoinrseidbblye tfhoerctohuert,ciytaotuiron,Leabrutnerfa'islPteormpiatywiitllinhatvheettoibmee
upcoming hearing in Court. Will I be subject suspended by the Registrar and you will lose the "clean
3 to the requirement that my driving record must be driving record" that you had. Once the Learner's Permit is
"clean" for the six (6) month period immediately suspended,youmaynottaketheroadtestbecauseyouwillnot
Apreceding the date ofthe road test? havehadavalid Learner'sPermitforthesix(6)monthperiod
immediatelyprecedingthetakingofthe road test.
Yes. Thesix (6) month periodwill bemeasured
•IS
fromthe dateofthe"incident"'.Inyourcase,that A FurtherNoteontheSeat BeltLaw: Youshouldbeaware
1 wouldbethedateyoureceivedthecitation. Ifthe that the seat belt law was enacted for good reason: To save
holder ofa Learner's Permit is under the age of 18, and lives. You were lucky that you were not involved in an
eitherpaysthecitation,orisfound"responsible"foraCivil accidentwhenyourfriend wasspeeding. Thenexttime, use
MotorVehicle Infraction (or "guilty" ofa criminal motor goodjudgementand useyourseatbelt. AsaJOLholderyou
vehicleviolation)atthehearing(orafteranappealhasbeen are subject to the seat belt law. The law applies to both
heard), the six (6) month"cIean" period will be measured operators and passengers. Thelaw appliesto any passenger
from the "incident date," that is, the date the citation was vehicle built after mid-1966, and although there are some
received(orthepersonwasarrested). Ifthepersonisfound other exceptions (taxis, rural mail carriers, persons with
"not responsible" or "not guilty" for the violation at a medically certified physical limitations, etc.,) the seat belt
hearing (or after an appeal is heard) or the charges are law generally applies to all passengervehiclesbeing used
dismissed, the person'sdrivingrecordwill be corrected to forpersonaluse. Thelawwillbeenforcedifyouarestopped
reflectthefindingandthesix(6)month"clean"periodwill byapoliceofficerforapossibletrafficviolation. Anydriver
bemeasuredfromthedateofthemostrecentviolation,orif who is operating a motor vehicle without wearing a safety
none had been committed, from the date the Learner's belt,oranypassenger 16yearsoldorolderwhoisnotwearing
Permitwasobtained. asafetybeltissubjecttoa$25.00fine.Thedriverissubject
toanadditional fineof$25.00foreach passengerbetween
Note:Asurchargableaccidentmayalsocausethesix(6) the ages of12 and 16 who is not wearing a safety belt.
month period to begin anew. A surchargable accident is
one in which you are more than 50 percent at fault. It is
treated the same as.a citation, that is, it runs from the
"incident"date.Thesix(6)monthperiodwillre-startfrom
thedateoftheaccidenteventhoughyoumaynotbenotified
of the surcharge until some time after the accident has
RMV
occurred. Ifyousuccessfullyappealthesurchargethe
willcorrectitsrecordsto reflectthe original six(6)month
period in the same way as if you were found "not
responsible" for acitation. Ifyour license is suspended,
the six (6) month period stops running and a new six (6)
month period will have to be established. It cannot start
until theLearner's Permit hasbeenreinstated.
currentlyconsistsof30hoursofclassroominstruction,six
Converting a Learner's (6) hours behind-the-wheel and six (6) hours of in-car
observation.Iftheout-of-stateprogramqualifies,yournew
Permit from Another State MassachusettsDriverEducationCertificatewillbemailed
to you within two weeks of receipt ofyour out-of-state
QI certificate. If you do not qualify, your out-of-state
certificate will be returned to you along with a letter
am 17 and my familyjust moved here from denyingyourapplication.
anotherstate. I haveavalid Learner'sPermit
from thatstateand havealreadyhad itforsix
(6)monthsandhavenothadanyviolations,accidentsor Scheduling a Road Test
surcharges on my driving record. I completed that
state's driver education program. May I take my road Before End of Six-Month
tAest and obtain a Massachusetts driver's license? Learner's Permit Period
The law allows Massachusettstoaccept a
QI
Learner'sPermit from anotherstate, ifissued
under a law similar to the Massachusetts have had my Learner's Permit for five and
Learner'sPermitlaw.Youwillhavetoconvertyourout-of- one-half(5 w) months and I have nothad any
state Learner's Permitto aMassachusettsLearner'sPermit violations orsurchargeable incidents during
beforeyouwillbe allowedtotake theroadtest. Inorderto thatperiod.Iwanttoschedulemyroadtestfor
do so, you must present a certified copy ofyour driving next month and understand a convenient date is
record(thecertificationdatecannotbemorethanthirty[30] available. Can 1 call the Registry today to schedule the
daysold), fromthe statethat issuedyourLearner'sPermit. road test for next month or do I have to wait the two-
Youmusthaveheldthe Learner'sPermitforatleastsix(6) weeksuntilI havehadthe Learner'sPermitfor thefull
months(witha"cleandrivingrecord"-seequestion#6)and six (6) months before I can even schedule a road test?
meetalltheotherrequirementsofthenewlaw. Pleasenote A
thatMassachusettswill notacceptaLearner'sPermitfrom
British Columbia, Montana or Washington State. (Before Youcan call the RMV Telephone Center, M-F,
you can take a road test, however, you must also either 9:00 a.m.-7:00 p.m. and scheduletheroadtest.
successfully complete a Massachusetts Driver Education From the 617/781 area codesdial 617-351-4500;
Course or provide evidence that you have successfully fromthe413/508/978 areacodesdial 1-800-858-3926.
completed such a course inyourprevious home state. To AlthoughyouhavetoholdtheLearner'sPermitforthefull
convertanout-of-stateDriver'sEducationCertificate,read six (6) month period immediately precedingthe takingof
theresponsetoquestion# 10. PleasenotethattheRegistrar theroad test,you can schedule aroad testin advance. We
willnotacceptaDriver'sEducationCertificatefromastate canscheduletheroadtest ifthe date and timerequested is
that does not meet or exceed the number of hours of not already booked forthat location, and ifyou will have
classroomandin-vehicleinstructionrequiredofMassachu- completedthesix(6)monthperiodonorbeforethedatethe
settsresidents. roadtest is scheduled.
Note: Ifyoureceiveacitationorincurasurchargableevent
betweenthedate youbooktheroadtestandthedateyouare
Converting an Out-of-State scheduledforthetest,youwillnolongerbeeligibleandyou
RMV
^| Driver Education will not be allowed to take the road test. Ifthe does
not leam ofthe subsequent citation or surchargable event
Certificate untilafteryouhavetaken and passedthetest, apermanent
license will not be issued to you. You must re-establish a
"clean driving record" for the required six-month period
Q How do I convert my drivereducation beforeyou can re-take the road test.
A certificate from the state I just moved from?
Youmayconvertyourout-of-statedrivereducation
certificate to a Massachusetts driver education
certificatebyobtaininganApplicationtoConvert
RMV
Out-of-State Driver Education Certificate from any
full-service branch (seethe list at the back ofthe Driver's
Manual) or by downloading it from the Internet at:
www.mass.gov/rmv and complying with the conversion
requirements. The Registrar will allow the conversion to
the Massachusetts Driver Education Certificate ifhe finds
thattheout-of-statedrivereducationprogramyouattended
is comparable to the Massachusetts program, which
No Operation of
Commercial Motor Vehicles
by LP or JOL Holder
Q Do 1 have to pay a separate fee each time #14.Myunclehasatruckingcompanythatonly
I take a road test for my "Junior Operator's makes local deliveries and he has been
License?" teaching me todrive one ofhis bigtrucksthat
A wcignTover30,000lbs. Hesaidhewillhiremeasapart-
Yes. A$20.00 feeforeachscheduledroadtestis timedriveronce I getmy"JuniorOperator's License".
required. Ifyoumissorfailthescheduledtestor AWill that be okay?
arc rejected by the examiner, the fee is still
required. No. Thetype ofvehicleyou describe requires a
commercial driver's license (CDL) because it
weighsmorethan26,000pounds. Underthelaw,
a junior operator is prohibited from operating a vehicle
13 Longer Period of Validity
requiring a commercial driver's license. In fact,
for Learner's Permits Massachusetts law has already been broken ifyou have
beenoperatingthisvehicleinviolationofthetermsofyour
Learner's Permit. You must be 18 years ofage to apply
for a CDL Learner'sPermit
The Learner's Permit I obtained in
December 1999 indicates it expires one (1)
year from the date I obtained it. My best
ffrriieenndcFvwas issued a Learner's Permit at the end of
March 2000 that says it expires two (2) years from the
Adate he obtained his. What gives?
As aresult ofa change in the law in 1999,
Learner'sPermitsnowexpireaftertwo(2)years.
All Learner's Permits issued after March 15,
2000containthetwo(2)yearexpiration dateonthePermit
itself. IfyoucurrentlyholdaLearner'sPermitissuedsince
January I, 1999 (even ifalreadyexpired)thatcontainsthe
one (1)year expiration date and you believe itwill expire
before you take your road test, you may obtain a
replacement, free ofcharge, that contains a two (2) year
expiration date (from the issuance date of the original
RMV
Permit). Pleasecall the DriverLicensing Sectionat
617-351-9350. Ifyou arecurrentlyin aDriverEducation
Program you should inform the Instructor ofyourPermit
expiration date. The Driving School can arrange for the
replacementPermit.
6
violationofthepassengerrestrictionissubjectto"primary
No JOL Issued enforcement" and may be enforced at any time ofday or
night.
Before 16 1/2
Who Are "Immediate
I am almost 16. Can 1 obtain my "Junior Family Members"?
Operator's License" when I furn 16?
A
No.Thelawrequiresthatyoubeatleast 16 1/2to Who is considered to be an "immediate
obtain a"JuniorOperator'sLicense."Youwould familymember"forpurposesofthepassenger
havetoobtainyourLearner'sPermitatage 16and A restriction?
drive for six (6) months without any surchargeable
incidents or motor vehicle offenses before you would be Thestatutedoesnotdefinetheterm. Black'sLaw
eligibletoapplyfora"JuniorOperator'sLicense"atage 1 Dictionarydefines"immediatefamilymember"
1/2. as the term generally referringto one's parents,
wife or husband, children, and brothers and sisters. The
RMV
believes that step-brothers and step-sisters can
reasonablybe expectedto be included. To date, however,
Penalty for Violation of
nocourtdecisionshaveyetdecidedhow thetermrelatesto
Passenger Restriction a JOL holder.
No Passenger Restriction
I will be getting my "Junior Operator's Exemption for JOL Driver
License" shortly. What is the penalty ifI get Car-Pooling to School
caughtdrivingwithmyfriendswhoareunder
age 18 ifI do not have a licensed driver aged
A 21 or over, in the car?
heard that a new driver with a JOL is not
Youmaynotoperateamotorvehicle,withinthe subjecttothepassengerrestrictionduringthe
firstsix (6)months afterreceivingyour"Junior timeswhen he is driving his friends to and
Operator's License" while any person under the from high school in a car pool. Is this true?
age of 18 is in the vehicle (other than yourself or an A
immediatefamilymember),unlessyouareaccompaniedby
apersonwhoisatleast21 yearsold,hasatleastoneyearof No. The law does not provide an exemption
driving experience, holds a valid driver's license from fromthe passengerrestriction fora JOLdriver
Massachusetts or another state, and is occupying a seat who is driving his friends to or from school.
besideyou. Similarly, there is no exemption from the passenger
restriction to transport friends to or from a prom or other
NOTE: Ifyou violate the restriction against carrying a school-relatedactivity.
passenger under age 18, you will be subject to a license
suspension of 30 days for a first offense, 60 days for a
second offense and 90 days for a third or subsequent Police Officer knows ifJOL
19
offense. The law requires the Registrar to impose this
suspension in addition to any other penalty, fine, holder is subject to the
suspension,revocationorrequirementthatmaybeimposed "Passenger Restriction"
in connection with a violation committed at the time you
were violatingthepassengerrestriction. TheRegistrarhas
determined that theperiod ofsuspensionforaviolation of
the passenger restriction must run after any other Q The backofmy JOL says that "passenger
suspension has been completed. When your "Junior restrictionmayapplyifunder 18." Howwilla
Operator's License" is reinstated, you will still have the police officer who stops me know if1 am
remainder of the six (6) month restriction period to A subject to the restriction?
complete that existed at the beginning ofthe suspension
period. Note: While a violation ofthe "time restriction" Onceaperson isstoppedbyaPoliceOfficer,the
betweenmidnightand 1:00a.m. andbetween4:00a.m.and officernormallychecksthevalidityandstatusof
5:00 a.m. is subject to "secondary enforcement" (see Q U thedriver'slicensebycontactingthe Registryof
22), a violation of the passenger restriction is not. A Motor Vehicles. If, as the driver, you possess a Junior
Operator's License and there are unrelated persons under havetobe licensed. However,the law requiresthat atleast
theageof18 inthevehicle, and no licenseddriver21 years one ofyour parents accompany you whenever you drive
of age or over supervising your driving from the front during the midnight to 5:00 a.m. time period, until you
passenger seat, the Officerwill make an additional query. reachtheageof18. Thisrequirement istoprovideparental
The Officer will also ask the Registry (cither through a supervision duringovernight hourswhen young, inexperi-
computer link in the police car or through a computer enceddriverstypicallyhaveahigherincidenceofaccidents
terminal at the police station) if you are subject to the and movingviolations. Priorto obtainingtheJOL(during
passenger restriction. The Registry data link will confirm theLearner'sPermitstage)youwere notavalidlylicensed
that you are orare not subject tothe restriction. driversothelawrequiredyourparenttobelicensedinorder
to superviseyourdrivingduringthose same hours.
Are youstillsubjectto the passengerrestriction? Note,
Parent Must Accompany that ifyou arc still subject to the passengerrestriction, the
20
JOL Holder between law prohibits you (at any time of day) from carrying a
personunderthe age of18 who isnot an immediate family
Midnight and 5 a.m. member,unlessyouare accompaniedbyavalidlylicensed
driverwhoisatleast21 orolderand whohashadhisorher
license for at least one year. Ifyou are carrying a person
QI
under the age of 18, who is not an immediate family
am under 18yearsofage. I know my member, between midnight and 5:00 a.m., either the
parent must be in the carwhen I operate it parent accompanying you must be validly licensed or
with my Learner's Permit between the hours you must also be accompanied by a person (seated
of 12:00 a.m. (midnight) and 5:00 a.m. besideyou)whomeetstheabovedescriptionofavalidly
SomeonetoldmethatthesamewillbetrueafterIgetmy licensed driver.
"JuniorOperator's License."Is thatright?What is the
Apenalty ifI get caught without my parent in thecar?
Time Restriction Violation
Ifyou are caughtoperatingon a"Junior Treated as Secondary Offense
Operator'sLicense*'duringthosehours, without
During Certain Hours
your parent present in the vehicle, you will be
deemedtobeoperatingamotorvehiclewithoutbeingduly
QI
licensed. Itis acriminal offense andyoumaybepunished
by afine ofnot less than $100normore than $200. am afraid that I may be cited fordriving
without my parentin the car between the
Parent ofJOL Holder Need hoursof12:00a.m.and 5:00a.m.,inviolation
ofthe restrictions ofmy"JuniorOperator'sLicense."I
Not be Licensed ... am 17 1/2and I drivemyselftoworkonweekendnights
Exception at "BurgerWorld." On Friday nights I usually get out
ofwork at 11:30 p.m. and I can drive home in twenty
minutes. Sometimes(but nottoo often) the boss keeps
Q 1 am under 18 and I know that one ofmy uIsdolatneortawnadnItdtoon'ltosgeetmyout"Juunntiilor12O:p0e0raa.tmo.r'(smiLdinciegnhste)".
the hourswpiaotrfhen1mt2:sy0m0"uJasu.ntmi.boer(miOnipdetnrhiaegthcotar)r'swahnLidecn5e:nI0so0ep"eabr.aemt.teweMiteyn bdeuftinIitedloyn'btewcaitnetd ftoorgviivoelautipngthtehejroebs,treiictthieorn.iWfiIllamI
Aseen driving at 12:15 a.m.?
problemisthatneitheroneofmyparentshasaDriver's
LofictehnesemadnudritnhgatthisoswehyhoIurcsouwldhennevIerhaddrimveywiLteharenietrh'esr hSoeuctrisoonfth1r2e:e00(3a).omf.tahnedla1w:0s0ayas.mt.haatnbdetbweetewneetnhe
Permit. Can Ioperatebetweenmidnightand5:00a.m., 4:00a.m. and5:00a.m.,theprovisionsofthelaw
Aifaccompanied by an unlicensed parent? shallbeenforcedbylawenforcementagenciesonlywhena
junior operator of a motor vehicle has been lawfully
Yes. AsaJOLholderyou can legallyoperate stopped for a violation ofthe motor vehicle laws orsome
betweenmidnightand 5:00 a.m. ifaparentisin other offense. This is called "secondary enforcement."
the vehicle with you, even though your Mom or However, it is still illegal foryou to operate during those
Dadisunlicensed. YouaretheholderofaJOLbecauseyou times withoutaparentpresentinthecar.
have passed a written test, completed a Driver Education
programapprovedbytheRegistrar,completedaminimum
of six hours of behind-the-wheel driving in class and a
minimum ofan additional 12hourssupervised byaparent
or guardian, and have demonstrated that you have the
necessary skills to safely operate the vehicle, during an
RMV
supervisedroadtest. Therefore,yourparentdoesnot
00
"'Enhanced Penalty" for to 21 who committ the same offense. These are the
23 sanctions for a person under the age of18.
Repeat Speeding or Racing
Violations Taking and Failing the Breath (Breathalyzer)Test:
• A breath test reading of.02 orabove will result in a li-
Q 1 am 17 and I have alreadyobtained my censesuspensionforanydriverwhoisundertheageof18at
"JuniorOperator's License" I recently thetime ofthe arrest.
received a speedingcitation and paid the fine.
Myformerdrivingschoolinstructorsaysthat,underthe Generally,breathtestreadingsof.02to .05 willresultin
law, ifI getasecondspeedingorracingconvictionwhile a 1 yearlicensesuspension. Thesuspensionmaybereduced
I have my "Junior Operator's License," my licensewill to 180 days ifthe offendervoluntarily entersand completes
bAe suspended. Is this true? aYouthAlcohol Programrecognized by the Department of
Public Health.
Yes.Thelawrequiresamandatorysuspension,in
additionto anyotherpenalty, finesuspension, An offenderwho is underthe age of18 may be charged
revocation or requirement that may be imposed, with OUI (OperatingUnderthe Influence) ifhis/herbreath
of180daysforasecondoffenseandone(I)yearforathird test reading is .06 or higher. Ifcharged, the offender will
orsubsequentoffense foranycombination ofviolations of receivea90 daysuspensionin addition totheoneyearsus-
thefollowinglaws: pension described above.
* Conviction for Speeding (speeding on a way) • IfanoffenderisconvictedofOUIororderedbythecourt
MassachusettsGeneralLaw,Chapter90,Section17;(c.90,§17) toenteraDriverAlcoholEducationProgram(DAEP),a21
day suspension will be imposed in addition to the above
*ConvictionforSpeedingoncertainhighways(speedingon describedsuspensions.
portions of Mass Pike, portions of1-91, portions of1-95).
(c.90, §17A) Refusing toTake a Breath (Breathalyzer)Test:
* ConvictionforDragRacing(operatingonawayatahigh • An operatorunderthe age of 18 who has been arrested
rateofspeedincompetitionwithanotherdriver),(c.90, §17B) for Operating Under the Influence (OUI), and refuses to
take a chemical test (usually a breath test), faces two (2)
* Convictionforviolatingspecial speedregulations(setby separate license suspensions before the case even goes to
cities, towns, statehighway department), (c .90, §18). court.
Note: • The operator faces a 180 day license suspension forthe
* The conviction need not occurwhile you arestill chemical test refusal - ifhe or shehasno priorrecord ofan
under age 18, only the offense. OUIconviction. (Ifhe orshehastwopriorOUI convictions
before the most recent arrest, the suspension period forthe
* The two findings do not have to be for thesame refusalwill beone(1)year).
offense.
• In addition to the above penalty, the operator faces an
* A"responsible" finding on a citation is deemed to additional one (1) year license suspension. The additional
be a "conviction." suspension applies to any operatorunderthe age of18 who
refuses totake a chemical testofhis orher breath orblood
whenarrestedforOperatingUndertheInfluence. Thisaddi-
Penalty for Breath Test Failure
24 tional suspension maybe reducedto aperiod of 180days if
or Breath Test Refusal by a theyouthfuloffendervoluntarilyentersandcompletesaYouth
Motor Vehicle OperatorUnder Alcohol Program recognized by the Department ofPublic
Health.
theAgeof 18.
IfanoffenderisconvictedofOUIororderedbythecourt
Q I have heard that because I am under age toenteraDriverAlcoholEducationProgram(DAEP),a21
18 I facestifferpenaltiesifI failabreathtestor day suspension will be imposed in addition to the above
A refuse to take one. Is that so? describedsuspensions.
All driversunderthe age of21 face"enhanced" Regardless ofwhether the offender fails or refuses to take
penalties foroperatingamotorvehicle after thetest, itisimportanttonotethattheadditionalone(1)year
consuming alcoholic beverages. Massachusetts suspension penalty is not affected by the outcome of the
law prohibits the consumption ofalcohol byanyone under offender'scourtcaseorcriminalcharges,even iftheoffender
the age of21. Operators under the age of 18 face even is found not guilty. While there may be insufficient evi-
stiffer sanctions for operating a motor vehicle after dence for a criminal conviction, the law recognizes that an
consumingalcoholicbeveragesthan individualsaged 18 operatorundertheageof21 (especiallyoneundertheageof
