Massachusetts Driving Records
Massachusetts driving records offer critical details about a driver's history, such as license status, traffic violations, and suspensions. These records are vital for individuals reviewing their driving history and for companies assessing risk and determining insurance rates.
Federal protection for driving records is provided under the Driver’s Privacy Protection Act (DPPA), which safeguards personal information from unauthorized access.
To access third-party records or those with personal data, requesters must submit a notarized signature from the record owner and justify their request.
The Massachusetts Registry of Motor Vehicles (MA RMV) manages these records, providing both public and certified versions. The MA RMV ensures that records are accurate and handled in accordance with legal privacy requirements. It maintains control over who can access these sensitive details.
Types of Driving Records Available in Massachusetts
Massachusetts offers several types of driving records, each tailored to specific needs and purposes. Managed by the MA RMV, these records vary in detail and accessibility.
Unattested Record (Type 1)
This basic record provides fundamental details, including personal information, license status, active suspensions, and incident history from the past five years. It is typically used for personal review or basic employment background checks.
Attested Record (Type 2)
Offering a more detailed account, this record includes information beyond the five-year limit, such as a complete driving history, violations, accidents, and court actions. Certified by the MA RMV, it is often required for legal matters or thorough background checks.
CORI-Certified Record (Type 3)
This comprehensive record encompasses all details from the Attested Record, along with Criminal Offender Record Information (CORI) related to driving offenses and any sealed records. Access is restricted to law enforcement and authorized government entities due to its sensitive nature.
Insurance Record
While not a separate type, this record is tailored for insurance companies and includes surchargeable incidents, at-fault accidents, moving violations, and license suspensions or revocations. It helps insurers assess risk and determine premiums.
How To Request a Massachusetts Driving History Report?
Massachusetts driving history reports are available in certified and non-certified formats and can be obtained through various methods.
Online Request
Drivers can request their driving history report by visiting the myRMV Online Service Center and selecting "Request a Driving Record" under the "Reports" tab. The following information is required:
- Massachusetts driver's license number
- Full name
- Date of birth
- Social Security Number (SSN)
- Email address
- Payment method
Certified reports are mailed, while non-certified reports are available for download as PDFs.
Mail Request
To request a driving record by mail, drivers must complete the Request for Personal Information RMV Records (Form DCU140).
The form should include the driver's full name, date of birth, driver's license number, and mailing address. This form, along with a valid photo ID and payment, must be sent to:
Registry of Motor Vehicles
Attn: Court Records Department
P.O. Box 55896
Boston, MA 02205
Phone Request
For a phone request, drivers can call the following numbers:
- (857) 368-8000 for Massachusetts area codes 339, 617, 781, 857
- (800) 858-3926 for outside Massachusetts
- (877) 768-8833 for hearing-impaired assistance
A credit or debit card is required for payment. Customer service is available Monday through Friday from 9 a.m. to 5 p.m.
In-Person Request
To request a report in person, drivers should visit a local MA RMV office with the completed Form DCU140, a valid photo ID, and payment.
Fees and Payment Methods
The fee for a certified driving record is $20, while a non-certified record costs $8. For online and phone requests, payments can be made using MasterCard, Visa, Discover, or American Express.
For mail requests, checks or money orders payable to "MassDOT" are accepted. In-person payments can be made with cash, check, money order, or credit/debit cards.
Uses of Massachusetts Driving Records
Under federal law, specifically Title 18 of the United States Code (USC) Section 2721 (Driver’s Privacy Protection Act) and Massachusetts regulations, driving records can be used for several purposes. Here are the key uses:
- Insurance purposes: Insurance companies use records for the Safe Driver Insurance Plan (SDIP) and policy compliance.
- Claims and fraud investigation: Insurers use records to investigate claims, detect fraud, and underwrite policies.
- Government functions: Federal, state, or local agencies use records for official functions.
- Legal proceedings: Attorneys and law enforcement use records in court cases and to enforce judgments.
- Business verification: Businesses use records to verify personal information and prevent fraud.
- Commercial driver information: Employers verify commercial driver details per federal and state regulations.
- Law enforcement and towing: Law enforcement and towing companies use records to notify owners of towed vehicles.
- Private detectives and security services: Licensed private detectives and security services use records with proper licensing.
- Safety and research: Records used for safety, emissions, or research need a written explanation.
- Statistical research: Records for statistical purposes must ensure personal data is not published or used for contact.
- Other authorized uses: Records for other state-approved purposes must include a written explanation.
Understanding Massachusetts Driving Laws
Motorists in Massachusetts must thoroughly understand the state's driving laws to avoid legal repercussions and ensure road safety. Below, key regulations and penalties related to licensing, speeding, reckless driving, and operating under the influence are highlighted.
Licensing Laws and Penalties
Per Massachusetts law, driving without a valid license or on a suspended license is illegal. Unlicensed driving penalties increase with repeated offenses, ranging from $500 for first-time offenders to $2,000 for subsequent violations.
Driving on a suspended license carries heavier consequences, including fines of $500 to $1,000 and potential jail time. These penalties intensify for repeat offenders.
Operating under the influence (OUI) while suspended results in severe punishments, with fines from $2,500 to $10,000 and mandatory jail time of one to two-and-a-half years. Additionally, licenses may be suspended or revoked for up to eight years in such cases.
Speeding Laws and Penalties
Massachusetts enforces strict speeding laws under Massachusetts General Laws (MGL) Section 90:17. The basic rule requires drivers to maintain a speed that is "reasonable and proper" given the road conditions, including traffic, weather, and visibility.
Presumed speed limits range from 20 miles per hour (mph) in school zones to 55 mph on certain highways. Violating these limits can result in fines starting at $50, plus $10 for each mph over the limit, with doubled penalties in construction zones. Additionally, surcharge points are added to the driver's record for each violation.
Reckless and Negligent Driving Laws and Penalties
Massachusetts law differentiates between reckless and negligent driving, both of which can lead to severe penalties. According to MGL Section 90:24, reckless driving, or "reckless operation," occurs when a driver intentionally disregards the safety of others, knowing the risks involved.
Negligent operation, however, involves endangering the public through careless driving without necessarily realizing the hazards. Convictions for either offense can result in jail time ranging from two weeks to two years, fines between $20 and $200, and a license suspension of at least 60 days.
Additionally, reckless driving adds five points to a driver's record, while negligent operation adds two.
Operating Under the Influence (OUI)
Massachusetts's OUI laws prohibit driving with a blood alcohol concentration (BAC) of 0.08% or more or while impaired by alcohol, marijuana, narcotics, or other substances, as specified in MGL Section 90:24.
For a first OUI offense, penalties include up to two and a half years in prison, fines between $500 and $5,000, a one-year license revocation, and a two-year ignition interlock device (IID) requirement.
A second offense carries harsher penalties, such as up to two and a half years of incarceration, fines of $600 to $5,000, and a two-year license revocation. Enhanced penalties apply if a child under 14 is in the vehicle, leading to additional fines, jail time, and license suspensions.
The Point System in Massachusetts
In Massachusetts, the Merit Rating Board (MRB) of the MA RMV administers driving records through the SDIP, linking traffic violations to insurance premiums via a point-based system. The SDIP assesses driver risk, with points assigned for various infractions.
Minor offenses like speeding or cellphone use add two points, while major violations such as driving under the influence (DUI) or hit-and-run result in five points. At-fault collisions add three or four points, depending on severity.
These points stay on a driver's record for six years, which influences insurance costs and reflects the driver’s risk level.
Suspensions, Incentives, and the "Clean in 3" Rule
License suspensions are imposed for multiple violations. Three speeding tickets within 12 months result in a 30-day suspension, while seven surchargeable events in three years lead to a 60-day suspension. Reinstating a suspended license requires a $100 fee.
The SDIP offers incentives for safe driving. The Excellent Driver Discount Plus (99) is available for drivers with six years of experience and no surchargeable incidents. Meanwhile, the Excellent Driver Discount (98) applies to those with at least five years of clean driving.
Additionally, the "Clean in 3" Rule allows for a one-point reduction if a driver meets three criteria:
- Three or fewer incidents in the past five years
- No new points in the last three years
- At least three years of driving experience
Criminal vs. Civil Driving Offenses in Massachusetts
In Massachusetts, driving offenses are divided into criminal and civil categories, each with specific legal consequences. Understanding these distinctions can help drivers avoid penalties and manage repercussions more effectively.
Criminal Driving Offenses and Their Penalties
Criminal driving offenses in Massachusetts include felonies and misdemeanors. Felonies are severe offenses punishable by more than two years in state prison, fines up to $25,000, and license suspensions. Examples include vehicular homicide and a third offense of OUI.
Misdemeanors are less severe but still serious, carrying penalties such as up to 30 months in jail and fines up to $10,000. Reckless driving, first-time OUI, and joyriding are common misdemeanors.
Both categories can lead to imprisonment, fines, and other consequences depending on the severity of the offense.
Civil Driving Offenses and Their Penalties
Civil driving offenses in Massachusetts, also known as infractions, are non-criminal violations of traffic laws. These offenses do not involve the risk of bodily harm and are generally the least serious, often resulting in fines or points against the offender’s driving record.
Infractions do not carry jail time, but failure to respond to tickets can lead to increased penalties and license suspension. Examples include speeding, failure to signal a turn, and disobeying traffic signs.
Although these offenses are minor, they can still affect a driver's record and lead to financial consequences if left unaddressed.
Massachusetts Driving Statistics and Goals
Massachusetts aims to enhance road safety and reduce traffic fatalities through comprehensive strategies and goals. According to the Massachusetts Executive Office of Public Safety and Security (EOPSS), the state has set a goal to reduce traffic fatalities by 30% by 2030, using 2019 as a baseline year.
In 2022, Massachusetts recorded 344 traffic fatalities, marking a notable increase from previous years. Recent trends indicate a concerning rise in fatal accidents involving speeding and distracted driving.
To address these issues, Massachusetts is investing in roadway improvements and expanding educational campaigns. The state also supports programs like the Vision Zero initiative, which aims to reduce traffic deaths and serious injuries by zero.
Frequently Asked Questions About Massachusetts Driving Records
Here are some common questions about managing driving records in Massachusetts, including access, corrections, and expungement.
Can an Individual Request Someone Else’s Driving Record?
Access to another person’s driving record in Massachusetts is allowed under specific conditions and for legitimate purposes defined by state law.
Typically, insurance companies, government agencies, employers, and individuals with a valid reason may request such records.
To do so, requesters must follow the specific MA RMV guidelines, which involve completing the necessary forms and, in many instances, obtaining written consent from the individual whose record is being requested.
How To Correct an Error on a Driving Record?
Motorists should contact the MA RMV to initiate the correction process and ensure their records are accurate. Incorrect information on a driving record can impact insurance rates and potentially affect job opportunities.
Can Driving Records for Traffic Violations Be Expunged or Sealed?
In Massachusetts, expunging driving records for traffic violations is typically not allowed. Expungement deletes records entirely, while sealing restricts access to the public but allows courts and law enforcement to view them.
Records may be sealed if the case is dismissed or results in a not-guilty verdict. For convictions, records can be sealed after five years for misdemeanors and seven years for felonies. Expunging or sealing driving records follows specific legal criteria and may not be available outside these guidelines.
Helpful Links and Resources
Refer to the following resources for more comprehensive information on Massachusetts traffic laws, driving records, and related topics.
- Massachusetts traffic laws: https://www.mass.gov/info-details/massachusetts-law-about-traffic-violations
- Requesting Massachusetts driving records: https://www.mass.gov/how-to/request-a-driving-record
- SDIP overview and details: https://www.mass.gov/info-details/massachusetts-law-about-traffic-violations
- Massachusetts Department of Transportation (MassDOT) crash data portal: https://apps.impact.dot.state.ma.us/cdp/report-list/1
Counties in Massachusetts
List of Content
- Types of Driving Records Available in Massachusetts
- How To Request a Massachusetts Driving History Report?
- Uses of Massachusetts Driving Records
- Understanding Massachusetts Driving Laws
- The Point System in Massachusetts
- Criminal vs. Civil Driving Offenses in Massachusetts
- Massachusetts Driving Statistics and Goals
- Frequently Asked Questions About Massachusetts Driving Records
- Helpful Links and Resources