SR-22 and IID and...SR‐22 filing and your insurance policy in most cases for a minimum of three...

SR-22 & IID - What are they? Who Needs them? Is there

coverage?

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SR‐22 and IID…What is it? Who needs it?Is there Coverage? PRESENTED BY:

KATHY S. CORMIER, CPPLMAIA, MEMBER RELATIONS ADVOCATE

SR‐22 and IIDThis document is not a legal opinion and should not be relied upon as such. The intent of this document is to provide a general background regarding the topic or topics discussed, not to provide legal advice. Producers and agencies should consult an attorney regarding specific situations and specific questions with respect to the topic or topics covered in this document. Neither the Massachusetts Association of Insurance Agents, Number One Insurance Agency nor any of its employees shall be responsible for any errors or omissions regarding any statements made in this document, nor any errors or omissions regarding any statutes, regulations, court rules, and/or any other government documents cited in this document.

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SR‐22 or Catch 22SR‐22 or Catch 22!!My insured's son is trying to get his MA license back after it was revoked for a DWI in New Hampshire. The MA RMV is telling him to get an SR‐22 for New Hampshire before they will reinstate hislicense. The insurance company says he must have an active license before they will issue a SR‐22filing. Is there such a thing as a thirty day provisional license that would allow him to get his licenseback so he can get the SR22.

Unfortunately, I hear this all the time when a client needs an SR‐22 filing to reinstate their license. It can be a catch 22 situation, you can’t have a MAP if you have a suspended or revoked license…no company has to write a policy. You can’t get an SR‐22 filing issued if you do not have a MA auto policy.

Today we are going to address how you would go about getting this so that your client can move on with life and drive again.

SR‐22What is SR‐22

An SR‐22 is sometimes referred to as a certificate of insurance or financial responsibility filing, it’s a vehicle liability insurance document required by most state Department of Motor Vehicles offices for “high‐risk” insurance policies. This is really “proof of insurance”.

An SR‐22 verifies the purchase of motor vehicle insurance coverage required by the state that suspended the license.

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SR‐22Reasons why an SR‐22 May be Required

The requirements to have an SR‐22 is usually associated with the following offenses:Multiple traffic offenses

DUI, DWIs, or other serious moving violations

License suspension or revocation

Driving without valid insurance

SR‐22Terms of SR‐22 Requirement

Terms and requirements vary by state, but generally, you must retain both the SR‐22 filing and your insurance policy in most cases for a minimum of three years.

If you let your insurance lapse, the insurance company is required by law to notify the out‐of‐state Department of Motor Vehicles that you no longer have a policy in force and the SR‐22 is no longer valid.

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At this point the other state will notify the client that they are re‐suspending the license and will report that to the Massachusetts Registry of Motor Vehicles. The MA RMV will also suspend the license.

Once the replacement SR‐22 is received by the out‐of‐state DMV, they will allow the client to get their license back in Massachusetts. Massachusetts will need to see a release/clearance letter from the other state and will charge the client a reinstatement fee to reissue the Massachusetts drivers license.


It’s important to note that Massachusetts is NOT an SR‐22 state. If you have a violation that would trigger a suspension and SR‐22 requirement out‐of‐state here in Massachusetts, you just need to pay your fine, participate in any class time required as well as suspension time and then you can get your license back.

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You also do not need an insurance policy in Massachusetts to get your right to operate back if the violation happened here. In a lot of cases I’ve seen a consumer would have a violation out of state and no vehicle to insure in MA. Agents have called to find out where they can get a “Named Non‐Owner” policy in these instances. Every carrier in MA can write a Named Non‐Owner policy, but it is at their option and most will not. Unfortunately, these individuals cannot get an SR‐22 to reinstate their driving privileges without an auto to insure.

Here is a link to SR‐22 filings and IID requirements for all state: http://www.sr22insurance.net/dui‐state‐laws/

Financial ResponsibilityFinancial Responsibility ‐ MAIP:

Rule 10. Certified Risks – Financial Responsibility Laws

A. Application

If a certificate of insurance is necessary to comply with the requirements of a financial responsibility law of any state or province of Canada, the insurance company must issue evidence of financial responsibility upon request of the insured.

In the event that evidence of financial responsibility is required as a result of a motor vehicle violation, a policy affording Damage to Someone Else’s Property (Part 4) and Optional Bodily Injury to Others (Part 5) shall be construed to have the necessary limits of liability of the state or province.

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NOTE: A charge shall be made for any filing required because of a motor vehicle accident.

In the event that a certificate of insurance for the future is required as the result of a conviction of a motor vehicle violation, the policy limits shall be increased to afford limits of liability not less than that required by the financial responsibility laws of the state or province requesting certification and premium shall be increased accordingly.

The filing of a financial responsibility certificate of insurance as the result of a conviction of a motor vehicle violation requires the following rate adjustments to be allocated evenly between Part 4 and Part 5 premiums computed as follows:



Owners1. If an owner is required to file evidence of financial responsibility for owned automobiles and for the

operation of automobiles which he does not own, the additional premium shall be computed byapplying the applicable rate adjustment in Section B to the sum of the total of Parts 1, 2, 4, and 5premium for the highest rated automobile owned by the insured.

2. In all other cases, the additional premium shall be computed by applying the applicable rateadjustment in Section B to the total premium for Parts 1, 2, 4 and 5 for the highest rated automobileowned by the insured, modified in accordance with this rating plan.

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B. Rate Adjustments

1. A 50% rate adjustment is applicable if the certificate is required for a conviction listed below.This surcharge is to be applied for a period of time a certificate is required, but in no eventfor a period in excess of three years following conviction. Thereafter, a 5% rate adjustmentapplies.

a. Driving a motor vehicle while intoxicated or under the influence of marijuana or a narcotic drug.

b. Failing to Stop and report when involved in an accident.

c. Homicide or assault arising out of the operation of a motor vehicle.



B. Rate Adjustments

2. A 25% rate adjustment is applicable if the certificate is required for a conviction listed below. Thissurcharge is to be applied for a period of time a certificate is required, but in no event for a periodin excess of three years following conviction. Thereafter, a 5% rate adjustment applies.

a. Driving a motor vehicle at an excess rate of speed where an injury to a person or damage to property actually results therefrom.

b. Driving a motor vehicle in a reckless manner where an injury to a person or damage to property actually results therefrom.

3. A 5% rate adjustment is applicable if the certificate is required for any other cause whatsoever.

4. Rate adjustments are to be multiplied by the final premium as developed for Parts 1, 2, 4 and 5.

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Cancellation of CoverageIf you have been found guilty of any violations that could require a Financial Responsibility Filing you may have your policy cancelled and also lose your physical Damage Coverage that is currently listed for your vehicles.

The Massachusetts Auto Policy states the following (MAIP 2008 Version):

Cancellation

We can cancel all of any part of this policy including your Compulsory Insurance if:

1. You have not paid your premium on this policy.

2. We find that you were responsible for fraud or material misrepresentation when you applied forthis policy or any extension or renewal of it.

3. Your driver’s license or auto registration has been under suspension or revocation during thepolicy period.

Cancellation of CoverageThe Massachusetts Auto Policy states the following (MAIP 2008 Version):

We can cancel Collision (Part 7) and Comprehensive (Part 9) on a vehicle:

1. Customarily driven by or owned by persons who have within the last five years been convicted ofvehicular homicide, auto related fraud, or auto theft, or

2. Customarily driven by or owned by personal who have within the last five years made anintentional and material misrepresentation in making claim under those coverages, or

3. Customarily driven or owned by persons who have within the last three years, been convicted ofany category of driving under the influence of alcohol or drugs, or

4. For which a salvage title has been issued by the Registrar of Motor Vehicles unless a newcertificate of title has been issued in accordance with Massachusetts law, or

5. Designated as a “high‐theft vehicle” which does not have at least a minimum anti‐theft or autorecovery device a prescribed by the Commissioner of Insurance.

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We may also cancel:

1. Collision (Part 7) on a vehicle customarily driven by or owned by persons who, within threeyears preceding the effective date of this policy, have been involved in four or more at‐faultaccidents. An at‐fault is one in which you or any person who customarily drives your autowas more than 50% at fault; and

2. Comprehensive (Part 9) on a vehicle customarily driven by or owned by persons who havetwo or more total auto theft or fire insurance claims within the three years immediatelypreceding the effective date of this policy.


If the driver’s license or auto registration of anyone residing in your household who usually operates your auto has been under suspension or revocation during the policy period, we may suspend coverage for that person under any of the Optional Insurance Parts of the policy. We may also reduce the limits available for that person under Bodily Injury Caused By an Uninsured Auto (Part 3), Damage To Someone Else’s Property (Part 4) to the minimum limits we are required to sell,

We can cancel Towing And Labor (Part 11) for reasons other than those listed above if we do so within the first 90 days of the policy period. We can cancel, in the same manner, coverage limits which are higher than the limits we are required by law to sell you and any coverages designed to reduce the deductibles set by law.

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Extra Risk RatingRule 24. Extra‐Risk Rating (Collision and Comprehensive) (MAIP Rule)

The following circumstances requires the application of the extra‐risk rate if the insurer elects to write coverage under parts 7, 8 and 9 and the insurance to be provides is on a vehicle:

1. Customarily driven by or owned by persons who within the five years preceding the policyeffective date have been convicted of vehicular homicide, auto insurance related fraud, orauto theft.

2. Customarily driven or owned by persons who within the three years preceding the policyeffective date have been convicted of any category of driving under the influence of alcoholor drugs.


3. Customarily driven by or owned by persons who, within three years preceding the policyeffective date, have been involved in four or more at‐fault accidents. An at‐fault autoaccident is one in which the owner or any person who customarily drives the auto was morethan 50% at fault.

4. Designated as a “high‐theft vehicle” which does not have at least a minimum anti‐theft orauto recovery device as prescribed by the Commissioner of Insurance.

5. Customarily driven by or owned by persons who have two or more total auto theft or fireinsurance claims within the three years immediately preceding the policy effective date.

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6. Customarily driven by or owned by personal who have within the five years preceding thepolicy effective date made an intentional and material misrepresentation in making claimunder Collision or Comprehensive coverage.

7. For which a salvage title has been issued by the Registrar of Motor Vehicles unless a newcertificate of title has been issued in accordance with Massachusetts law. (Coverage cannotbe written on a vehicle which has been issued a salvage title).

Extra Risk RatingThe factors for the extra‐risk rate are multiplied by the manual rate as follows:

Note: For the first instance of a material misrepresentation in the application for insurance, the lower indicated factor may be used, at the option of the insurer.

Violations Collision Comprehensive

Vehicular Homicide 1.5 1.0

Auto Insurance Related Fraud 1.5 1.5

Auto Theft 1.5 1.5

Driving Under the Influence of Alcohol or Drugs

1.1 1.0

Four or More At‐Fault Accidents 1.1 1.0

High‐Theft Vehicle 1.0 1.5

Two or More Total Fire or Total Theft Losses 1.0 1.5

Material Misrepresentation 1.5(1.2) 1.5 (1.2)

Salvage Title Coverage not available

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Application of Factors

A. Single Vehicle PoliciesWhere more than one category applies to the same operator or vehicle, the highest applicablefactor shall be used respectively for Collision and Comprehensive. For example, if a listedoperator is convicted of vehicular homicide and also has a high‐theft vehicle, the factor for bothCollision and Comprehensive is 1.5. The factors do not compound. In cases where separatepolicies are issued by the same insurer to the common owner of two or more vehicles, the highestapplicable factors for Collision and Comprehensive shall be assigned to the vehicle with thehighest premium for Collision and Comprehensive respectively. For each subsequent vehicle, thenext highest applicable factor shall be assigned to the next highest premium for Collision andComprehensive respectively, etc. If one or more of the extra‐risk categories of insurance fraud,auto theft or material misrepresentation apply to such common owner, the applicable factor shallbe used for both Collision and Comprehensive for each insured vehicle.


Application of Factors

B. Multi‐Vehicle PoliciesThe highest applicable factors for Collision and Comprehensive shall be assigned to thevehicle with the highest premium for Collision and Comprehensive respectively. Eachsubsequent vehicle shall be assigned the next highest applicable factor and so forth. If oneor more of the extra‐risk categories of insurance fraud, auto theft or materialmisrepresentation apply to the insured owner, the applicable factor shall be used for bothCollision and Comprehensive for each insured vehicle.

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Insurance Coverage OptionSo for the sake of SR‐22 and coverage. Each carrier has their rule for Financial Responsibility so you want to see what your carrier currently has…remember it is Rule 10. Financial Responsibility and if the customer request this, it must be sent.

You could have a problem if a Massachusetts only company sends a Financial Responsibility Filing to a state that the carrier is not licensed to write…that state does not need to accept the filing and the customer will have to be placed with a carrier that is licensed in that particular state.

The Extra‐Risk Rating is also at the option of the company and most times the company will opt not to place coverage for collision or comprehensive because they don’t have too.

So what does the customer do? What if there is a lien on the vehicle?

Insurance Coverage OptionIf you find this to be the case, you will need to look at E&S Markets for coverage. We have a few that we can suggest:

1. Surplus Service in Newton MA – 617‐964‐5340. These risks are looked at on a case by casebasis. Sometimes they can help and sometimes they can’t…they have not called us yet tostop referring agents…which is GOOD!

2. Below are search engines that you can use for E&S Markets:a. www.insurancemarketplace.com

b. www.mynewmakrets.com

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Melanie’s LawMelanie’s Law

On October 28, 2005, the Commonwealth of Massachusetts passed new legislation known as “Melanie’s Law” increasing the penalties for operating a motor vehicle Under the Influence (OUI) of Alcohol or Controlled Substances. This change helped to usher in new and enhanced periods of license suspension or revocation and further established the Commonwealth’s Ignition Interlock Device (IID) Program. The IID program requires multiple OUI offenders to install an IID in their vehicle for a prescribed period of time.

The IID program is managed by the Ignition Interlock Department at the Registry of Motor Vehicles (RMV).


Melanie’s Law requires that an IID be installed and used by drivers with a conditional “hardship” driver’s license and by those operator’s whose driver’s licenses are eligible for reinstatement following completion of the OUI license suspension or revocation periods. Any operator meeting the requirements for hardship on the OUI offense will be issued aconditional twelve hour/day hardship license with the “HZ” license restriction.

Any operators seeking reinstatement after completion of the OUI license suspension orrevocation periods will receive a driver’s license with a “Z” license restriction.

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The “HZ” and “Z” license restrictions stand for Massachusetts’ “Zero‐Tolerance Policy” for drunk driving and assist law enforcement officials in identifying operators with an IID. The IID must remain installed throughout the operator’s conditional hardship license period plus two years after reinstatement of full operating privileges.

In addition to this law, the Registry of Motor Vehicles has changed its policy regarding who is eligible for a hardship license. To be eligible for a hardship license, you must now be able to present proof that you do not have access by public transportation to your required destination.

Ignition Interlock Device (IID)What is an IID?

An IID is a handheld breath‐alcohol monitoring device (approximately the size of a cell phone) that is electronically connected to a vehicle’s ignition. Before starting the vehicle, the IID requires you to take and pass a breath‐alcohol test. The IID also requires you to take breath‐alcohol re‐tests while you are operating the vehicle.

The IID program requires multiple offenders who have accumulated two or more convictions for OUI (Alcohol or controlled Substances) to have the IID installed in their vehicle. The RMV will honor court orders requesting that an operator install the IID for the full length of that court order for an IID.

The minimum period for an IID restriction is two years. If the IID is issued on a conditional hardship license, the IID is required for the length of that OUI license suspension or revocation period plus two years after reinstatement of full operating privileges.

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Ignition Interlock Device (IID)The IID license restriction is not automatically removed at the conclusion of the IID license restriction period.

All operators must apply to the RMVs IID Department to have the IID removed from their vehicle and the license restriction lifted.

Ignition Interlock Device (IID)Who Needs an IID?

There are three possible scenarios in which you need to use an IID:1. If you have two (2) or more OUI convictions (for alcohol or controlled substances) and are eligible

for a hardship license, you must use the IID for the length of the hardship license. You must also usethe IID for an additional two (2) years after your license is reinstated.

2. If you have two (2) or more OUI convictions (for alcohol or controlled substances) and are eligiblefor license reinstatement, you must use the IID for two (2) years after your license is reinstated. This2‐year period is in addition to any time you may have used the IID with the hardship license.

3. If a court orders you to use the IID for any reason, you must use the IID for the length of the courtorder.

Note: Upon completion of the required period, your IID will not be authorized for removal if you had any IID infractions or violations during the past six (6) consecutive months.

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Ignition Interlock Device (IID)The IID must be used in every registered vehicle that you own, lease, or operate (including your employer’s vehicle). A restriction will be added to your license making it illegal to operate a vehicle that is not equipped with an IID.

If you do not have the IID installed in your vehicle(s), you will not be eligible for a hardship license and you will not be allowed to have your license reinstated.

Ignition Interlock Device (IID)Operator’s Responsibilities

Operators are responsible for the installation, maintenance, proper usage and payment of all associated IID fees.

Installation – You must contact a vendor/service provider and schedule an IIDinstallation. Here is a link to all current service providers:

http://www.massrmv.com/SuspensionsandHearings/IgnitionInterlockDevicesIID/VendorsServiceProviders.aspx

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Ignition Interlock Device (IID)Operator’s Responsibilities

Maintenance Visits – You must return to the service provider once every 25‐30days from the last service visit for scheduled maintenance and data uploads.

Proper Usage – You must follow all of the rules and guidelines you are given forusing the IID and must never tamper with or try to circumvent the use of the IID.

Payment – You must pay the vendor/service provider all of the required leasingand maintenance fees.

Ignition Interlock Device (IID)Change of Address or Vehicle

All operators in the IID program are required to report status changes to the RMVs Ignition Interlock Department. Updated information includes but is not limited to the following:

Change of address

Change of IID vendor/service provider

Transfer of an IID to a new vehicle

Adding an IID to a second vehicle

Notification of a disabled, broken‐down, non‐operational or totaled vehicle that is IID equipped

Filing of additional licensed driver affidavits.

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Ignition Interlock Device (IID)Minimum Vehicle Requirements

In order for an IID to be installed, the vehicle must have a 12‐Volt electrical system and it must be in good working order. The IID will not be installed on motorcycles.

Ignition Interlock Device (IID)Installation of IID

1. You must first visit an RMV Service Center and speak with a Hearings Officer. The HearingsOfficer will explain the criteria for a conditional hardship license or for a full reinstatement.DO NOT have an IID installed in your vehicle before you have received approval for the IIDfrom a Hearings Officer. Hearings are conducted on a walk‐in basis.

2. Once approved for a conditional hardship license or full reinstatement, the Hearings Officerwill give you paperwork and legal documents that must be completed, signed, notarized andreturned to the RMV Hearing Officer. By signing these affidavits, you certify that youunderstand, as well as each licensed driver in your household, that you are not allowed todrive any vehicle without an IID and that you cannot try to bypass the IID in any way.

Here is a link to the Affidavits: http://www.massrmv.com/FormsManuals/LicensingForms.aspx#ignition

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Ignition Interlock Device (IID)Installation of IID

3. Call a certified IID vendor for an installation appointment. Customers should NOT plan todrive them self to the appointment – there is no exceptions to the IID requirement to drive acare with an IID. When the client goes to the appointment they need to bring proof ofidentity. The vendor will install the IID in the vehicle and will give the client detailedinstructions on how to use and maintain the devise.

4. Once the IID has been installed, you must return to a Hearing Officer with the completedaffidavits and proof of installation. A “Z” restriction will be added to your license. Thisrestriction means that you are only allowed to operate a vehicle equipped with an IID. Atthis point, you will be able to complete the license reinstatement process.

Ignition Interlock Device (IID)How Does the IID Work?

Once the IID is installed, it must be used as follows:

1. Turn on the ignition and wait for the IID to display instructions indicating that youneed to take an initial breath test.

2. Blow into the IID for a few seconds. If you pass the initial breath test, the IID willdisplay the work “pass” and your vehicle will start.

If you fail the test (blood alcohol concentration of greater than .02), the IID willdisplay the word “fail” and you will not be able to start your vehicle. You will thenneed to wait for your blood alcohol concentration to decrease before you takeanother test.

If you fail a second time within a service period, your vehicle will go into lockout andyou will need to visit the vendor.

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Once the IID is installed, it must be used as follows:

3. After the vehicle has started, you will be required to take rolling re‐tests atrandom intervals while operating the vehicle. When it is time for a rolling re‐test, the IID will beep and you will have five minutes to take the test. You cantake the rolling re‐test while driving, but it is recommended that, if it is safeand legal to do so, you pull over to the side of the road (on some roads this isillegal). If you do not take the rolling re‐test, or if you turn off the ignitionbefore taking the rolling re‐test, this will be considered a missed test.

Note: The IID will never shut your engine off after it has been started.


The IID records all of your test results and all of your vehicle activity. Within 30 days, you will need to return to the vendor for a monthly maintenance visit (scheduled by the vendor). At this time, the vendor will upload the data from the IID and transmit this data to the Registry of Motor Vehicles.

If your IID goes into a state of lockout, you will be given 48 hours to return to the vendor, who will upload the data and reset the IID. If you do not return to the vendor within this time period, the vehicle will remain in a state of lockout and will need to be towed (at your expense) to the vendor.

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Ignition Interlock Device (IID)What Could Cause the loss of Driving Privileges?

If you do the following… This number of times… The result is… What happens next?

Miss a rolling re‐test Any two times during a service period

Lockout Upon notification of the second lockout, the RMV will schedule a hearing. If you are found responsible, you will receive a ten‐year license revocation.

Fail a rolling re‐test with a BAC between .02‐.05

Any one time Lockout

Fail a rolling re‐test with a BAC between .02‐.05

Two times during a service period

Lockout Upon notification of the lockout, the RMV will schedule a hearing. If you are found to be responsible, you will receive a ten‐year license revocation. If you are found responsible on a second occasion, your license will be revoked for life.

Ignition Interlock Device (IID)If you do the following… This number of

times…The result is… What happens next?

Fail a rolling re‐test with a BAC greater than .05

Any one time Lockout Upon notification of the lockout, the RMV sill schedule a hearing. If you are found to be responsible, you will receive a ten‐year license revocation. If you are found responsible on a second occasion, your license will be revoked for life.

Miss a monthly service appointment

Any one time Lockout Upon notification of the second lockout, the RMV will schedule a hearing. If you are found to be responsible, you will receive a ten year license revocation

Tamper with the IID Any one time Lockout Upon notification of the lockout, the RMV will schedule a hearing. If you are found to be responsible, you will receive a ten‐year license revocation.

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Ignition Interlock Device (IID)If you do the following…

This number of times… The result is… What happens next?

Remove the IID without authorization

Anytime during the period you are required to have the IID

License revocation

Upon notification of the removal, the RMV will schedule a hearing. If you are found to be responsible, you will receive a ten‐year license revocation.

Operate a vehicle not equipped with an IID

Anytime during the period you are required to have the IID

License revocation

Upon notification of the operation, the RMV will schedule a hearing. If you are found to be responsible, you will receive a ten‐year license revocation.

Ignition Interlock Device (IID)Hearings Officers

Hearings are held on a walk‐in basis, unless the client’s notice specifies a certain date, time, and place for a hearing.

If a walk in IID hearing is desired, it is strongly recommended that you arrive prior to 4:00 pm. Walk‐in hearing hours are 9:00 am – 5:00 pm

Note: Hearing days or locations are subject to change without notice. If a hearing cannot be held for any reason at a particular location, the branch staff can direct you to the nearest available location for service.

Please call the RMV Suspension Line at 857‐368‐8200 with any hearing‐related questions.

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Ignition Interlock Device (IID)Lockout

If an IID in your vehicle goes into lockout, you have 48 hours to return to the IID service provider for a service visit. If you do not return to the IID vendor within the 48 hour time period, the IID will remain in a state of lockout and must be towed, at your expense, to the IID vendor.

When a lockout occursTwo (2) failed start‐up tests within one service period

One (1) failed rolling retest with a blood alcohol concentration (BAC) registered at or above .05

Two (2) failed rolling retests in which your BAC registered between .02 and .05 within a service period

One (1) missed service visit

Two (2) missed rolling retests

If you believe a lockout is improper, you may request a hearing with the RMV Ignition Interlock Department within 30 days of the lockout. The Ignition Interlock Department can be reached by phone at 857‐368‐7180.

Ignition Interlock Device (IID)Disabled Ignition Interlock Vehicle

It is the operators responsibility to report any changes in the operational condition of his/her vehicle to the Ignition Interlock Department of the RMV.

NOTE: Informing an IID vendor does not satisfy this obligation

If the IID equipped vehicle is disabled, broken‐down or non‐operational, you must immediately contact the RMV IID Department and provide proof of the vehicle’s operational status. Following notification, the RMV’s IID Department will remove you from the IID program and suspend your right to operate until the vehicle is returned to working order.

IMPORTANT: It is a violation of the IID program to miss a service visit for any reason, including he operational condition of the motor vehicle. If you miss a service visit, you are subject to the IID violation penalties.

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Ignition Interlock Device (IID)Violations

An IID Program Violation consists of any of the following:Operating a motor vehicle without an IID

Soliciting or allowing any other person to blow into the IID, either to start an IID equippedvehicle or during a rolling test

Using any means other than blowing a breath directly from your mouth into an IID

Any Attempt to tamper with or circumvent an IID

Ignition Interlock Device (IID)Device Removal

Eligibility for removal of the devise is based upon completing the two (2) year IID program requirements and having no program lockouts or violations for a period of six (6) months prior to the request for removal of the IID. If you are required to have the IID installed during the conditional hardship license period, the full term of the hardship must be served plus an additional two (2) years following full license reinstatement. The length of the IID requirement is never based on the length of time the IID has been installed, but rather on meeting the appropriate periods of license suspension or revocation as prescribed by law.

Un‐Authorized IID Removal

If you remove the IID before program completion, this early un‐authorized removal will trigger an immediate license suspension. With this early un‐authorized removal, you are no longer active in the IID program and receive no credit towards program completion.

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Ignition Interlock Device (IID)Out‐of‐State Operation

Operators Licensed in Massachusetts, Visiting Out‐of‐State

All operators who are licensed in Massachusetts are required to have an IID to operate a vehicle must continue to use an IID equipped vehicle when traveling out of state. Failure to use an IID and meet all IID requirements will result in the immediate suspension or revocation of your driver’s license.

Out‐of‐State Program Credit

An operator can receive credit for time in which they maintained an IID in their vehicle while residing in another jurisdiction. You must provide proof to the RMV that the IID was maintained, serviced and you were not subject to any program violations during the period in which you seek credit. You must use an IID vendor/service provider that conducts business in Massachusetts and the state where you reside, and the IID must be set to the same standards as Massachusetts.

Ignition Interlock Device (IID)Out‐of‐State Operation

Out‐of‐State Resident Policy

Melanie’s Law and the IID program requirements apply to out‐of‐state licensed drivers who are convicted of two or more OUI’s in Massachusetts. If an IID is required, you cannot drive in Massachusetts without one. To find out if you are eligible to reinstate your right to operate in Massachusetts, you will need to contact a Hearings Officer or the RMV’s IID Department. If you have an active out‐of‐state license, but operate in Massachusetts without an IID, the RMV has the right to suspend your license for a minimum of ten years and up to a lifetime suspension. If you do not have an active out‐of‐state license, you are also subject to criminal penalties.

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Thanks for attending!

If you have additional questions or need more information you can contact me:

Kathy S. Cormier, CPPLMember Relations Advocate91 Cedar Street, Milford, MA [email protected]‐634‐7353 (direct)Facebook | Twitter | LinkedIn

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SR-22 and IID and...SR‐22 filing and your insurance policy in most cases for a minimum of three...

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