SENATE DOCKET, NO. 414        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1789

The Commonwealth of Massachusetts

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PRESENTED BY:

Karen E. Spilka

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to provide greater protection in registry of motor vehicle hearings..

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PETITION OF:

SENATE DOCKET, NO. 414        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1789

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1958 OF 2009-2010.]

The Commonwealth of Massachusetts

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In the Year Two Thousand Eleven

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An Act to provide greater protection in registry of motor vehicle hearings..

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

                SECTION 1.   Subsection (a) of section 22 of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting at the end thereof the following paragraph:-

                The registrar may not suspend or revoke the license of any operator on suspicion of that person having a mental or physical handicap, unless a qualified medical doctor or emergency medical technician petitions the registrar in writing with medical evidence that the operator is unsafe to drive. Any operator whose license is suspended or revoked on suspicion of mental or physical handicap is entitled to a hearing within three business days, but may postpone said hearing for up to thirty days at the operator’s discretion.

                SECTION 2.  Said subsection (b) section 22 of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by adding at the end thereof the following new paragraph:

                In any hearing where a licensee’s potential suspension or revocation is due in whole or in part to the operator’s physical or mental handicap, the hearing shall be held within 14 days of the event which prompted the registrar to initiate said hearing, unless otherwise agreed upon by the involved parties. The registrar will consider all written and oral submissions by any interested parties at said hearing, and any and all medical evidence offered shall be made public for purposes of said hearing only. Any public record of said hearing shall have any and all medical evidence redacted, and any person, entity or agency present at said hearing that later disseminates said medical evidence without permission from the operator shall be liable to the operator for a sum of not less than $1,000 and not more than $5,000 for each violation under this section. For purposes of said hearing, medical evidence shall only be accepted if reported or recorded by a qualified, licensed medical professional. The registrar shall notify the involved parties in writing of his decision whether or not to revoke the operator’s license no later than 7 days after the hearing.