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In Massachusetts is the passenger restriction law a primary or secondary offense?

According to the Massachusetts Registry of Motor Vehicles (RMV), you may not operate a motor vehicle, within the first six (6) months after receiving your Junior Operator's License (JOL) while any person under the age of 18 is in the vehicle (other than yourself or an immediate family member), unless you are accompanied by a person who is at least 21 years old, has at least one year of driving experience, holds a valid driver's license from Massachusetts or another state, and is occupying a seat beside you.

The JOL fact sheet put out by the MA RMV states that a violation of the passenger restriction is subject to primary enforcement and may be enforced at any time of day or night.

If you violate the restriction against carrying a passenger under age 18, you will be subject to a license suspension of 60 days for a first offense, 180 days for a second offense and one year for a third or subsequent offense. The law requires the Registrar to impose this suspension in addition to any other penalty, fine, suspension, revocation or requirement that may be imposed in connection with a violation committed at the time you were violating the passenger restriction. There is a reinstatement fee of $100 after the suspension period is over.

The Registrar has determined that the period of suspension for a violation of the passenger restriction must run after any other suspension has been completed. This means the six (6) month passenger restriction period will stop running when the suspension begins and the remainder of the restriction period will start running again when the suspension is completed.

You may be wondering what is considered an immediate family member. The MA statute does not define the term. The MA RMV though states that Black's Law Dictionary defines “immediate family member” as the term generally referring to one's parents, wife or husband, children, and brothers and sisters. The RMV believes that step-brothers and step-sisters can reasonably be expected to be included. To date, however, no court decisions that we know of have yet decided how the term relates to a JOL holder.

As the teenage holder of a Massachusetts Junior Operator's License you also have time restrictions on your driving. You may not operate a motor vehicle during the hours of 12:30 a.m. to 5:00 a.m. unless accompanied by your parent or your legal guardian. This restriction on your license is a secondary offense for part of the hours but a primary enforcement from 1 AM 4 AM.

The Massachusetts RMV or local police could give you more information on how law enforcement make stops as the restrictions being the primary offense and the penalties involved with breaking the conditions and restrictions of your Junior Operator's License.

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This car insurance answer was last updated 10:12 PM May-27.
This helpful tips question was asked 3:12 PM May-17-2009.
Matt S requested this car insurance help from CarInsurance.com experts.
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