Definitions

In addition to the definitions in M.G.L. c. 90, § 1, the following special definitions shall also apply: Adverse Action. The denial, suspension or revocation of any license, registration certificate or privilege issued or allowed by the Registrar or Registry of Motor Vehicles. Applicant. An applicant for or a holder of a license or registration. Lacks Legal Qualifications. Is not legally qualified to hold a license or registration. License. Any license, certificate or privilege issued or allowed under the provisions of M.G.L. c. 90 or c. 90D including, but not limited to, a license to operate motor vehicles issued by the Registrar of Motor Vehicles or a right to operate such motor vehicles recognized by existing statutory law. Registrar. The Registrar of Motor Vehicles or any deputy, hearings officer or other agent exercising the authority of the Registrar in conducting a hearing or taking adverse action with respect to an applicant. Registration. A certificate of registration of a motor vehicle. Unfit or Unfit to Drive a Motor Vehicle. Applies to all of the following circumstances: (a) when an individual has a serious mental or physical functional incapacity regardless of cause, which would interfere with the proper operation of a motor vehicle including, but not limited to, addiction to alcohol or any controlled substance scheduled in M.G.L. c. 94C; (b) when a records, reports or other documentation received or maintained by the Registrar indicate a recent history of unskilled or unsafe operation of a motor vehicle; (c) an individual’s history of criminal conduct in which there is demonstrable correlation between the criminal conduct and the operation of a motor vehicle; (d) when an individual’s record shows that the sentencing judge, as part of the sentence, recommended consideration of adverse action by the Registrar; or there is evidence of the commission of criminal conduct that indicates to the Registrar a lack of responsibility necessary to operate motor vehicles with due regard for public safety or the rights of other motorists or pedestrians.