SECTION 1: Section 22(a) of Chapter 90 of the General Laws of Massachusetts is hereby amended by inserting the following paragraph: --
The registrar may not suspend or revoke the license in aforesaid fashion of any operator where no accident has occurred on suspicion the operator is physically or mentally incapable of operating a motor vehicle, unless a qualified medical professional, physician or emergency medical technician petitions the registrar in writing with medical evidence that the operator is not able to drive safely. Any operator whose license is suspended or revoked on suspicion of being physically or mentally incapable of operating a motor vehicle 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: Section 22(b) of Chapter 90 of the General Laws of Massachusetts is hereby amended by inserting after the first paragraph ending “…the date originally specified” the following paragraph: --
In any hearing where a potential suspension of revocation is due in whole or part to the operator’s purported physical or mental disability, the hearing shall be held within 14 days of the event which prompted the registrar to initiate said hearing, unless otherwise agreed upon by all of the parties. The registrar shall consider all written and oral submissions of any interested parties at the hearing. Any and all medical evidence offered for or against the operator shall be made public for the purposes of the hearing only. Any public record of the hearing shall have the medical evidence redacted and any person, entity or agency present at the hearing who later disseminates the medical evidence without permission from the operator shall be liable to the operator for a sum of $1,000 for each violation under this section. For purposes of the hearing, medical evidence shall only be accepted if reported or recorded by a qualified, licensed medical professional. The registrar shall notify the parties to the hearing in writing of his decision whether or not to revoke or suspend the operator’s license within seven days of the hearing.
If the registrar determines that the operator was physically or mentally capable of operating a motor vehicle at the time of the suspension or revocation, any fees for reinstatement of the operator’s license shall be waived.
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