Section 28B. Notwithstanding section 28, upon conviction of, or adjudication of delinquency by reason of a violation of section 26A, the registrar shall immediately suspend the operator's license or right to operate a motor vehicle and the director shall revoke the registration of any snow vehicle or recreation vehicle issued to such person. The registrar, after having suspended or revoked the license or right to operate of any person under this section, shall issue a new license or reinstate the right to operate and the director shall issue a new registration number, if the prosecution or adjudication of delinquency of such person is terminated in favor of the defendant or juvenile. The registrar may, after an investigation or upon hearing, issue a new license or reinstate the right to operate and the director may issue a new snow vehicle or recreation vehicle registration number to a person so convicted of or adjudicated delinquent by means of a violation of said section 26A; provided, however, that no such license or right to operate shall be issued by the registrar nor shall a registration number be issued by the director to a person convicted of a violation of subsection (a) of said section 26A, for a first offense, until 1 year after the date of suspension or revocation following his original conviction, or from the date of his original conviction if the person is unlicensed or has not been issued the right to operate or, for a subsequent offense, until 2 years after the date of such suspension, revocation or conviction, or to any person convicted of or adjudicated delinquent for a violation of subsection (b) of said section 26A, for a first offense, until 2 years after the date of suspension or revocation or, if the person is unlicensed or has not been issued a right to operate, until 2 years after the date of his original conviction or adjudication or, for a subsequent offense, until 3 years after the date of such suspension, revocation, conviction or adjudication; provided, however, that a person whose license or right to operate was suspended due to a conviction of said subsection (a) of said section 26A may, after the expiration of 3 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license for employment or educational purposes, which license shall be effective for not more than an identical 12–hour period every day on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control, and the registrar may, in his discretion, issue such license or right to operate under such terms and conditions as he deems appropriate and necessary; and provided further, that such person may, after the expiration of 6 months from the date of conviction, apply for and shall be granted a hearing before the registrar for the purpose of requesting the issuance of a new license or right to operate on a limited basis on the grounds of hardship and a showing by the person that the causes of the present and past violations have been dealt with or brought under control and the registrar may, in his discretion, issue such a license or right to operate under such terms and conditions as he deems appropriate and necessary.
If the person so convicted or adjudicated is under age 17 at the time of such conviction or adjudication and has not been issued a license or right to operate or a snow vehicle or recreation vehicle registration number, the registrar shall not issue such license or right to operate a motor vehicle and the director shall not issue a snow or recreation vehicle registration until the time periods provided in the previous paragraph have passed but the calculation of such time period shall not commence until such person reaches age 16 for purposes of issuance of a right to operate a motor vehicle and 16 and one-half for purposes of issuance of a license to operate a motor vehicle and for issuance of a snow vehicle or recreation vehicle registration number.
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XIV - Public Ways and Works
Chapter 90b - Motorboats, Other Vessels and Recreational Vehicles
Section 2 - Numbering; Exceptions
Section 3 - Application for Certificate of Number; Display
Section 4 - Lost, Destroyed or Mutilated Certificates of Number; Replacement
Section 4a - Altering, Forging or Counterfeiting Certificates of Number of Motorboat; Penalty
Section 5a - Personal Floatation Devices
Section 5b - Automatic Shut–off Nozzle for Motorboat Fuel Dispensing Devices; Fine
Section 5c - Discharge of Sewage Into Waters Designated as a No Discharge Area; Fine
Section 5d - Violations of Sec. 37b of Chapter 21; Penalties
Section 6 - Exhaust; Use of Cutouts
Section 7 - Compliance With Sec. 5; Pre-Requisite to Departure From Boat Livery
Section 9 - Accidents; Duty of Operator; Reports
Section 9a - Jet Ski, Surf Jet or Wetbike Operation
Section 9b - Educational Safety Program; Jet Skis, Surf Jets and Wetbikes
Section 10 - Requests for Information or Records From Federal Agencies
Section 11 - Powers and Duties of Director
Section 12 - Enforcement of Chapter
Section 12a - Operation Without Personal Flotation Devices or in Overloaded or Unsafe Condition
Section 13 - Arrest Without Warrant; Entry Upon Private Lands
Section 13a - Scuba Divers; Display of Diver's Flag Required
Section 14 - Penalties; Proceedings
Section 15 - Scope of Chapter; Local Regulations; Approval of Ordinances and By-Laws
Section 17 - Enforcing Officers; Reports to Director
Section 20 - Definitions Applicable to Secs. 21 to 35
Section 21 - Recreation Vehicle Safety and Responsibility Course
Section 22 - Registration; Application; Period; Certificate; Name and Address; Transferability; Fees
Section 22a - Vintage Snow Vehicle; Registration; Operation Restrictions
Section 23 - Transfer of Ownership
Section 24 - Lights; Reflectors; Excessive Noise; Noxious Fumes
Section 25 - Operation on Public Ways; Emergencies; Regulations
Section 26 - Prohibited or Limited Operation by Underage Persons; Restrictions
Section 26d - Summons for Violation of Secs. 26a or 26b
Section 28 - Suspension or Revocation of Registration; Hearing
Section 29 - Rules and Regulations
Section 30 - Nonresident Recreational Vehicles
Section 31 - Municipal Assessments
Section 32 - Regulations; Enforcement; Reports of Violations
Section 33 - Local or Departmental Regulation; Trespassing
Section 34 - Violations; Punishment
Section 35 - Disposition of Fines
Section 36 - Titled Motorboats; Certificates of Title