Massachusetts Driving Laws

Permits and Freedom

Finally, that magic day occurs...you turn 16.  Turning 16 in Massachusetts is VERY exciting for the 16 year old and very scary for their parents and others that love them.  FINALLY, you can drive, even if it means driving with your parents. In Massachusetts, you are eligible for your Learner's Permit on your 16th birthday.  I have a very clear recollection of going to the Registry of Motor Vehicles in Quincy, taking the quiz, and getting my permit.  It was an exciting day!  I also CLEARLY remember that my mom wouldn't let me drive home!  Of course I didn't know HOW to drive, but how hard could it be?  Luckily for other drivers on the road, and me, my mom made me wait.  She also made sure that I drove 1000 miles with an adult before I could have the car on my own (so I drove EVERYWHERE for the next few months and far surpassed my mom's minimum requirement).  In retrospect, it was a good idea and she was ahead of her time.  Now new drivers MUST log hours with an adult prior to getting their license.

When you have a Learner's Permit in Massachusetts, you are subject to the following restrictions:

• When you drive you must be accompanied by a licensed driver 21 or older!
• You may not operate between the hours of 12 a.m. and 5 a.m. unless you are accompanied by your parent or a legal guardian who is a licensed operator with at least one year of driving experience.
• The parent or guardian who is driving with you between 12 a.m. and 5 a.m. must not have a revoked or suspended license.
• You cannot operate in a state other than Massachusetts if it violates the laws of that state.
• You must be in physical possession of your Permit when you are operating a motor vehicle.

It seems like a lot of rules, but you have to follow them.   You will not be eligible to get your license unless you can prove that you have had a clean driving record for the six months prior to going for a road test. This means that if you get a ticket while you have your permit, or if you get into an accident, you should contact an attorney.  If you have any further questions call me at 617-934-0272 or email me at jessica@jessicafoleylaw.com to schedule a consultation.

Teen driving deaths reduced following new Junior Operator Law Implementation

The Junior Operator law in Massachusetts is getting attention.  It is getting attention for a few reasons, one because it is very strict and two because the number of teen driving deaths in Massachusetts was lower in 2007 than in 2006.   

According to the Registrar of the Massachusetts Registry of Motor Vehicles, Anne Collins, the intent of the new junior operator law was to reduce speeding and send a message that there is zero tolerance for teen speeding.  The Registrar was interviewed by Magdalene Perez, a Staff Writer for the Hartford Courant because Connecticut is looking at the success of Massachusetts' approach of keeping teen and other drivers safe on the road.

The Massachusetts law is harsh.  There is no question about it.  One speeding ticket and a junior operator is without his or her license for 90 days.  It impacts the teen as well as parents.  Parents can find themselves once again being a 'car service', because they must drive their teen to school, work, sports and other activities.  It was also increase their insurance premiums (which are already high from the new driver).  Hardship licenses are not easy to obtain in these circumstances.  The only way to avoid a responsible finding on a driving record is to start fighting the ticket right away and request a hearing.  The cost of appealing and even the cost of hiring an attorney is generally less than the cost to the family in surcharges, lost wages and time. 

The law is tough - but there is very good news, fatal crashes in Massachusetts fell from 27 in 2006 to 17 last year.  So maybe drivers are getting the message and the fear of being without the new found freedom that comes with a drivers license is causing young drivers to think twice before speeding.

If you or your child is a junior operator and has received a citation for speeding, hire an attorney to fight for you.  I can be reached at 617-934-0272 or at send me an email.

For more information see:

Slamming Brakes on Teens, Success of Bay State's Get-Touch Policy On Teen Driving Inspires Connecticut.

Some of the reasons for Junior Operator Restrictions

Junior Operator restrictions were not imposed just because a bunch of lawmakers thought "how can I make life more difficult for teenagers?".  The lawmakers were trying to figure out how to save lives. 

Young drivers are more likely to get into car accidents than their adult counterparts. 

According to the Massachusetts Registry of Motor Vehicles:

• 32% of 16 year old drivers in Massachusetts will be in a serious car accident.
• 17% of 17 year old drivers in Massachusetts will be in a serious car accident.
• 13% of 18 year old drivers in Massachusetts will be in a serious car accident.

The numbers speak for themselves.  Even more scary, is the fact that drivers under the age of 21 have an increased risk of being killed in a crash while drinking and driving.  These numbers are according to the National Highway Safety Counsel, and are nationwide statistics: 

• 13% of 16 year old drivers who were killed in a car accident were legally drunk.
• 18% of 17 year old drivers who were killed in a car accident were legally drunk.
• 27% of 18 year old drivers who were killed in a car accident were legally drunk.

The best prevention is preparation and education. 

Tips for Safe Driving

New and young drivers are particularly at risk for car accidents.  One of the reasons the proposed cell phone ban is before the Massachusetts Legislature is that young drivers are safer when they are not chatting on their cell phone.    Here are some other safety tips for drivers young and old:

1. Don't talk on your cell phone while you are driving.  Use a headset or a blue tooth.  Don't text.   Really, you are safest if you don't talk on the phone at all while driving and simply concentrate on the task at hand.

2. When you get in your car, before you take it out of park, check your mirrors, fasten your seat belt, be aware of the location of the controls, and make sure your seat is properly adjusted.

3. When you take your car out of park, use appropriate turn signals, look in both mirrors AND over your shoulder before pulling or backing out, use both hands on opposite sides of the steering wheel for maximum control.

4. When you are getting ready to stop and stopping be aware of the traffic around you (oncoming and behind).

5. Stop behind the crosswalk or limit line.

6. Stop the vehicle gently; and start your stop early to avoid jarring the vehicle.

7. If you are stopped and have an obstructed view of the intersection, move forward slowly and with caution and always look both ways at the intersection.

8. Take turns at low speeds.

9. When turning, make sure you are lined up to end the turn in the right line (i.e. you don't want to take a wide turn into oncoming traffic).

10. Yield to other vehicles that have the right of way.

11. Avoid having to back out of spots as much as possible, but if you do have to back out, check your mirrors and look over your shoulder.

12. When you change lanes, use the appropriate signals and check your mirrors and over your shoulder to view what might be in your blind spot.

13. Maintain your speed.

14. Don't eat while you are driving.

The best way to avoid a ticket is not to get one.  Drive safe and use common sense!  If you don't get a ticket, you don't have to worry about going to a clerk's hearing or a Registry of Motor Vehicles Appeal!

If you do get a ticket, call me at 617-934-0272 or email me to discuss your options.