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1. What restrictions am I subject to when operating on my Learner's Permit?

The holder of a Learner's Permit may only operate a motor vehicle:

• when accompanied by an operator duly licensed by his state of residence
• who is 21 years of age or over
• who has had at least one year of driving experience
• who is occupying a seat beside the driver

A Permit holder who is under the age of 18 may not operate a motor vehicle between the hours of midnight. (midnight) and 5 am unless accompanied by his parent or legal guardian, who must:

• be a licensed operator with at least one year of driving experience
• whose license or right to operate is not revoked or suspended

The holder of a Learner's Permit may not operate in another state if it is in violation of that state's law.

The holder of a Learner's Permit must be in physical possession of the Permit when operating a motor vehicle.

The holder of a motorcycle Learner's Permit (Class M) may not carry passengers and may not operate after sunset or before sunrise.

2. Will I have to be accompanied by a licensed driver over the age of 21 when I operate on my Learner's Permit?

Complete Question: I am 18 years old but I am only now getting my first driver's license. I know that I will have to obtain a Learner's Permit. Will I have to be accompanied by a licensed driver over the age of 21 when I operate on my Learner's Permit?

Yes. By law, anyone who is operating a motor vehicle on a Learner's Permit, regardless of his or her age, must be accompanied by a licensed driver who is at least 21 years of age.

3. I know that I must have a "clean driving record" for the 6 month period just before I take a road test. What would prevent me from having a "clean driving record?"

You would not have a "clean driving record," and you would not be allowed to take the road test if, within the 6 months immediately preceding the date of the test:

• You had any surchargeable incident under Massachusetts law or the law of another state (at-fault accidents, moving violations, etc.);
• You had your Learner's Permit suspended for drug or alcohol related motor vehicle violations; or
• You had been convicted for the violation of any drug or alcohol related laws in Massachusetts or in another state ("convicted" includes charges that are "continued without a finding" or "placed on file").

For the purposes of this section, an alternative disposition of a violation, including, but not limited to, having such violation continued without a finding, placed on file or a "responsible" finding on a civil motor vehicle infraction, shall be deemed to be a conviction. You may not take a road test until six months from the date of the arrest or issuance of the citation.

4. Will I be subject to the requirement that my driving record must be "clean" for the 6 month period immediately preceding the date of the road test?

Complete Question: I have had my Learner's Permit for over 6 months. I recently received a speeding citation and I am going to contest it at an upcoming hearing in Court. Will I be subject to the requirement that my driving record must be "clean" for the 6 month period immediately preceding the date of the road test?

Yes. The 6 month period will be measured from the date of the "incident". In your case, that would be the date you received the citation. If the holder of a Learner's Permit is under the age of 18, and either pays the citation or is found "responsible" for a Civil Motor Vehicle Infraction (or "guilty" of a criminal motor vehicle violation) at the hearing (or after an appeal has been heard), the 6 month "clean" period will be measured from the "incident date," that is, the date the citation was received (or the person was arrested).

If the person is found "not responsible" or "not guilty" for the violation at a hearing (or after an appeal is heard) or the charges are dismissed, the person's driving record will be corrected to reflect the finding and the 6 month "clean" period will be measured from the date of the most recent violation, or if none had been committed, from the date the Learner's Permit was obtained.

Note: A surchargeable accident may also cause the 6-month period to begin anew. A surchargeable accident is one in which you are more than 50% at fault. It is treated the same as a citation, that is, it runs from the "incident" date. The 6 month period will re-start from the date of the accident even though you may not be notified of the surcharge until some time after the accident has occurred. If you successfully appeal the surcharge the RMV will correct its records to reflect the original 6-month period in the same way as if you were found "not responsible" for a citation. If your license is suspended, the 6-month period stops running and a new 6-month period will have to be established. It cannot start until the Learner's Permit has been reinstated.