Conditions of Hardship Licenses and License Reinstatements

(1) Any person whose license has been suspended or revoked because of two or more motor vehicle violations for operating under the influence of intoxicants shall have an Ignition Interlock Device installed on every vehicle he owns, leases, or operates, as a condition of the reinstatement of his license or right to operate. This requirement applies to both full reinstatements and Hardship Licenses. (1A) Any person whose license has been suspended or revoked following a first conviction or assignment to an alcohol treatment program of operating under the influence of intoxicants, and who operated a motor vehicle with a percentage, by weight, of alcohol in their blood of fifteen one-hundredths or greater, shall have an interlock restriction imposed on any hardship license issued by either the Registrar or the Board of Appeal pursuant to M.G.L. c. 90, § 24(1)(c)(1) and/or M.G.L. c. 90, § 24D. (2) Any operator subject to 540 CMR 25.00 shall operate a vehicle only if it is equipped with an Ignition Interlock Device. This requirement applies to all vehicles owned by the operator, as well all other vehicles operated by the individual including, but not limited to, any vehicles that are leased, rented, loaned, or used in employment. No operator of an IID-equipped vehicle shall be permitted to start the vehicle without a Passed Test. (4) It shall be a condition of any license issued with an Ignition Interlock Restriction, that the operator notify any other person who rents, leases, loans, or permits him to operate a motor vehicle during his employment, or otherwise, of the Ignition Interlock Restriction. (5) Before receiving a license or having licensure privileges restored, any individual to whom an Ignition Interlock Restriction applies shall execute a form, promulgated by the Registrar, which clearly indicates the penalties for violating the laws and regulations pertaining to Ignition Interlock Devices. The form shall be signed by the individual under the pains and penalties of perjury. The form shall also require the individual to list each and every licensed driver in the household. (6) Each such person listed pursuant to 540 CMR 25.08(5) shall execute, under the pains and penalties of perjury, a statement that he understands that the individual to whom the Ignition Interlock Restriction applies must not operate any vehicle without an Ignition Interlock Device, and that blowing into the device on behalf of any IID-restricted driver is punishable by incarceration. The Registrar, in his or her discretion, may also list other applicable penalties on this acknowledgement. (7) The Registrar shall apply an Ignition Interlock Restriction code to the license, permit, or right to operate of anyone subject to the terms and conditions of 540 CMR 25.00, signifying that the operator is only licensed to operate motor vehicles that have an Ignition Interlock Device installed. (8) In all cases in which an operator must have an Ignition Interlock Device as a condition of hardship, the requirement shall remain in effect for the balance of the revocation or suspension. Once the period of hardship restriction has ended, the operator may apply for full license reinstatement absent the hardship hours restriction, however the Ignition Interlock Restriction shall remain in effect for no less than two years thereafter if required by M.G.L. c. 90, § 24½. (9) In cases in which an Ignition Interlock Device is required by 540 CMR 25.00, and a person does not seek or is not granted a Hardship License, the operator will be subject to the requirements of 540 CMR 25.00 upon reinstatement for no less than a two-year period. This requirement shall not apply to persons reinstating their license following a first conviction or program assignment pursuant to M.G.L. c. 90, § 24(1)(c) or § 24D. (10) An operator subject to the Ignition Interlock Restriction who lives in or moves to another state or jurisdiction may participate in the Massachusetts IID program as an out-of-state resident. If the operator demonstrates successful completion of the Massachusetts IID program, he or she may apply to have the Ignition Interlock Restriction removed. (11) Subject only to the exception listed in 540 CMR 25.08(12), an IID-restricted operator who removes the Ignition Interlock Device from his or her vehicle(s) before successfully completing the IID program, shall have his or her license or right to operate immediately returned to a suspended or revoked status. An operator subject to the Massachusetts Ignition Interlock Restriction who moves to another state or jurisdiction and does not participate in or does not continue to participate in the Massachusetts IID program may, at the discretion of the Registrar, have the status of his license or right to operate changed to enable him or her to acquire a legal driver’s license in the new state or jurisdiction. The Registrar shall: (a) Require the operator to provide proof of out-of-state residency; (b) Require the operator to execute a form acknowledging that the operator is not, under any circumstances, permitted to drive a motor vehicle in Massachusetts, unless it is equipped with an IID; (c) Require the operator to execute a form acknowledging that the operator understands the Registrar will notify the destination state or jurisdiction of the operator’s motor vehicle offenses and license restrictions; and (d) Notify the destination state or jurisdiction of the operator’s motor vehicle offenses and license restrictions. The Registrar may, on a case by case basis, impose additional conditions he or she deems necessary to protect public safety.