This Page Was Last Updated: 06/17/07
 | Accident Reports |
| Junior Operator Law |
| Accident Rates for Young Drivers |
| Restrictions on Learner's Permit Holder |
Q. When do I have to file an
accident report?
A. If the combined damage from the accident exceeds $ 1,000.00 you must file
an accident report.
A. Any police department will carry a supply of accident report forms. Forms can also be downloaded directly from the Registry of Motor Vehicles web site.
Q. How long do I have to file an accident report?
A. You have five (5) business days starting the next business day after the accident.
Q. Where do I file my accident report?
A. You need to have three (3) copies of your accident report and send them to the following:
It is suggested you contact your insurance agent and they will in turn mail your accident reports to the appropriate agencies.
Q. What kind of information should I
retrieve from the other operator if I'm in an accident?
A. You should obtain:
Need additional information? Click on this Registry
of Motor Vehicles link to their home page.
Q.
I
am 16 1/2 years old and I heard that there is a law that requires driver
training before I can get my driver's license. What does the law require?
A. I am 16 1/2 years old and I heard that there is a law that requires driver training before I can get my driver's license. What does the law require? If you apply for a driver's license and are between the ages of 16 1/2 and 18 you must have possessed a learner's permit for at least six (6) months and will only be issued a "Junior Operator's License" (JOL), upon passing a road test, and only if:* You have successfully completed a driver education and training program approved by the Registrar which includes 30 hours of classroom instruction, six (6) [soon to be expanded to eight (8)] hours of in-car behind-the-wheel training and six (6) [soon to be reduced to four (4)] hours in-car as an observer of another student driver; * You have completed at least an additional 12 hours of supervised behind-the-wheel driving as shown by a certified statement provided by your parent or guardian;* You have had a learner's permit for at least six (6) months; and* You have had a "clean driving record" for a minimum of six (6) consecutive months immediately preceding the date you took your road test. The most significant effects of the law's requirements and restrictions are on the operation of a motor vehicle by a person in possession of a "Junior Operator's License." A basic purpose of the law is to provide you with a supervised opportunity to develop good driving skills, while being free of possible distractions caused by having friends your own age present while you are behind the wheel. Under the law, if you are a junior operator (between the ages of 16 1/2 and 18):* You may not operate a motor vehicle, within the first six (6) months after receiving a "Junior Operator's License" while any passenger under the age of 18 is in the vehicle (other than yourself or an immediate family member), unless you are accompanied by a person who is at least 21 years old, has at least one year of driving experience, holds a valid driver's license from Massachusetts or another state and is occupying a seat beside you. A junior operator who violates the passenger restriction shall be subject to a license suspension of up to 90 days. The six (6) month passenger restriction period will stop running when the suspension begins and the remainder of the restriction period will start running again when the suspension is completed.* As the holder of a "Junior Operator's License" (or Learner's Permit), you may not operate a motor vehicle during the hours of 12:00 a.m. (midnight) to 5:00 a.m. unless accompanied by your parent or your legal guardian.* You may not operate a motor vehicle requiring a commercial driver's license;* Your "Junior Operator's License" will be suspended for a substantial period of time if you are under 18 years of age at the time certain driving offenses involving alcohol or drugs are committed.* You will face a license suspension for a 2nd or subsequent offense for speeding or drag racing violations.
Q.
I am
almost 16. Can I obtain my "Junior Operator's License" when I turn 16?
A. No. The law requires that you be at least 16 1/2 to obtain a "Junior Operator's License." You would have to obtain your Learner's Permit at age 16 and drive for six (6) months without any surchargeable incidents or motor vehicle offenses before you would be eligible to apply for a "Junior Operator's License" at age 16 1/2
Q. I
heard that a new driver with a JOL is not subject to the passenger restriction
during the times when he is driving his friends to and from high school in a car
pool. Is this true?
A. No. The law does not provide an exemption from the passenger restriction for a JOL driver who is driving his friends to or from school. Similarly, there is no exemption from the passenger restriction to transport friends to or from a prom or other school-related activity
Q. The back of my JOL
says that "passenger restriction may apply if under 18." How will
a police officer who stops me know if I am subject to the restriction?
A. Once a person is stopped by a Police Officer, the officer normally checks the validity and status of the driver’s license by contacting the Registry of Motor Vehicles. If, as the driver, you possess a Junior Operator’s License and there are unrelated persons under the age of 18 in the vehicle, and no licensed driver 21 years of age or over supervising your driving from the front passenger seat, the Officer will make an additional query. The Officer will also ask the Registry (either through a computer link in the police car or through a computer terminal at the police station) if you are subject to the passenger restriction. The Registry data link will confirm that you are or are not subject to the restriction
Q.
I am under
18 years of age. I know my parent must be in the car when I operate it with my
Learner's Permit between the hours of 12:00 a.m. (midnight) and 5:00 a.m.
Someone told me that the same will be true after I get my "Junior
Operator's License." Is that right? What is the penalty if I get caught
without my parent in the car?
A. If you are caught operating on a "Junior Operator's License" during those hours, without your parent present in the vehicle, you will be deemed to be operating a motor vehicle without being duly licensed. It is a criminal offense and you may be punished by a fine of not less than $100 nor more than $200
Q.
I
am
afraid that I may be cited for driving without my parent in the car between the
hours of 12:00 a.m. and 5:00 a.m., in violation of the restrictions of my
"Junior Operator's License." I am 17 1/2 and I drive myself to work on
weekend nights at "Burger World." On Friday nights I usually get out
of work at 11:30 p.m. and I can drive home in twenty minutes. Sometimes ( but
not too often) the boss keeps us later and I don't get out until 12:00 a.m.
(midnight). I do not want to lose my "Junior Operator's License" but I
don't want to give up the job, either. Will I definitely be cited for violating
the restriction if I am seen driving at 12:15 a.m.?
A. Section three (3) of the law says that between the hours of 12:00 a.m. and 1:00 a.m. and between 4:00 a.m. and 5:00 a.m., the provisions of the law shall be enforced by law enforcement agencies only when a junior operator of a motor vehicle has been lawfully stopped for a violation of the motor vehicle laws or some other offense. This is called "secondary enforcement." However, it is still illegal for you to operate during those times without a parent present in the car.
Q I am a single parent and my 17 year old son is going to apply for his "Junior Operator's License." He can go to the driver education course at school and that is not a problem. However, I work all day and I will probably not have the time to supervise the additional 12 hours of required driving experience. Can my brother do it? Can my brother and my uncle each supervise some of the required driving? Can I hire the driving school to do it? Parent Need Not Personally Supervise Additional 12 Hours of Driving.
A. You may designate your brother or any other person to supervise your son's 12 hours of driving experience if your brother or the other person is a validly licensed driver over the age of 21 and has at least one (1) year of driving experience. Your brother and your uncle can split the driving supervision, since the law does not require that only one person provide the 12 hours of supervised driving. You may also contract with any driving school offering such services to supervise the additional 12 hours of driving experience. You must make sure that your son is receiving the required 12 hours of instruction. You will have to certify, under oath, on your son's Driver's License application, that he did receive the 12 hours of supervised driving.
Q. I am 16 1/2 and
just got my JOL. I think I am a good driver (best in my Driver Ed Class) but I
am always hearing that kids my age have the worst accident records. What are the
facts?
A.
State law requires a driver to file an Accident Report with the RMV for
any accident involving a death, serious bodily injury, or property damage in
excess of $1,000. Studies have been done that junior operators have a high
accident rates. Disproportionate from other age groups. It
is apparent that experience does help to reduce serious accidents. The
JOL law, with its passenger and time restrictions, is designed to give our
youngest drivers the opportunity to develop good driving habits under somewhat
controlled conditions. Use the opportunity wisely!
Q. What
restrictions am I subject to when operating on my Learner's Permit?
A. The holder of a Learner's Permit may operate a motor vehicle upon any way when accompanied by an operator duly licensed by his state of residence, who is 21 years of age or over, who has had at least one year of driving experience and who is occupying a seat beside the driver.• A Permit holder who is under the age of 18 may not operate a motor vehicle between the hours of 12:00 a.m. (midnight) and 5:00 a.m. unless accompanied by his parent or legal guardian, who must be a licensed operator with at least one year of driving experience and whose license or right to operate is not revoked or suspended.• The holder of a Learner's Permit may not operate in another state if it is in violation of that state's law.• The holder of a motorcycle Learner's Permit (Class M) may not carry passengers and may not operate after sunset or before sunrise.• The holder of a Learner's Permit must be in physical possession of the Permit when operating a motor vehicle.
Q. I am 18 years old but I am only now getting my first
driver's license. I know that I will have to obtain a Learner's Permit. Will I
have to be accompanied by a licensed driver over the age of 21 when I operate on
my Learner's Permit?
A. Yes. By law, anyone who is operating a motor vehicle on a
Learner’s Permit, regardless of his or her age, must be accompanied by a
licensed driver who is at least 21 years of age.
Q. I know that I must have a "clean driving record"
for the six (6) month period just before I take a road test. What would prevent
me from having a "clean driving record?"
A. You would not have a "clean driving record," and you would not be allowed to take the road test if, within the six (6) months immediately preceding the date of the test:
| You had any surchargeable incident under Massachusetts law or the law of another state (at-fault accidents, moving violations, etc.); |
| You had your Learner's Permit suspended for drug or alcohol related motor vehicle violations; or |
| You had been convicted for the violation of any drug or alcohol related laws in Massachusetts or in another state ("convicted" includes charges that are "continued without a finding" or "placed on file"). |
For the purposes of this section, an alternative disposition of a violation, including, but not limited to, having such violation continued without a finding, placed on file or a "responsible" finding on a civil motor vehicle infraction, shall be deemed to be a conviction. You may not take a road test until six months from the date of the arrest or issuance of the citation
Q.
I
have had my Learner's Permit for over six (6) months. I recently received a
speeding citation and I am going to contest it at an upcoming hearing in Court.
Will I be subject to the requirement that my driving record must be
"clean" for the six (6) month period immediately preceding the date of
the road test?
A. Yes. The six (6) month period will be measured from the date of the "incident". In your case, that would be the date you received the citation. If the holder of a Learner's Permit is under the age of 18, and either pays the citation, or is found "responsible" for a Civil Motor Vehicle Infraction (or "guilty" of a criminal motor vehicle violation) at the hearing (or after an appeal has been heard), the six (6) month "clean" period will be measured from the "incident date," that is, the date the citation was received (or the person was arrested). If the person is found "not responsible" or "not guilty" for the violation at a hearing (or after an appeal is heard) or the charges are dismissed, the person's driving record will be corrected to reflect the finding and the six (6) month "clean" period will be measured from the date of the most recent violation, or if none had been committed, from the date the Learner's Permit was obtained. Note: A surchargable accident may also cause the six (6) 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. The six (6) month period will re-start from the date of the accident even though you may not be notified of the surcharge until some time after the accident has occurred. If you successfully appeal the surcharge the RMV will correct its records to reflect the original six (6) month period in the same way as if you were found "not responsible" for a citation. If your 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 the Learner’s Permit has been reinstated.