Getting a Driver's License After Suspension in Another State

[Nancybp0274]

My father lives in NH. He recently went to renew his driver's license, but because he is over 75, he had to take a road test. He failed 3 road tests and therefore had his license suspended. He had a hearing in NH to fight the suspension and get his license. At the hearing, they stated that he needs to take 10 hours or less of driving instruction, depending on the wishes of the instructor. He can then retake the road test and hopefully pass. Well, my dad thinks this is absurd and wants to go to MA to get a license where they do not have any requirements for older drivers. Their requirement for transferring an out of state license is that is not be expired more than a year ago. He would not have to take a road test. However, I don't know if they will see that his license has been suspended in NH for failing the test and make him take a road test in MA, even though there is no additional requirements in MA for older drivers. Will MA care that he failed 3 road tests in NH? Do you think he could get a MA license? I know he would just have to prove residency, which is not a problem since he owns a house in MA also.

[Mr. Knowitall]

He can try and see what happens. My thoughts are (a) he shouldn't fraudulently misrepresent his state of residence, even if he owns a house in Massachusetts, (b) if he gets pulled over or is involved in an accident in New Hampshire and they pull up his history, he's still going to be deemed not to be properly licensed in that state, (c) he is still expected to comply with New Hampshire laws in relation to getting a driver's license based upon his actual residency in that state, and (d) if he can't pass a road test, he probably shouldn't be driving.

[bigcountrysg]

If MA runs his license which a lot of states are now doing. Then it will come up as suspended in NH. Which then most likely MA will not issue him a license.

Obviously if he failed the road test 3 times, then he needs the training of 10 hours or so.

I understand that it is hard to live with out the license to drive. Especially when the person has been driving the majority of thier life. But it may just have to come down to the fact that he is no longer capable of safely operating a motor vehicle.

[That Guy]

Most if not all states are participants in what is referred to as the Driver License Compact. Here are the provision of this statute which are listed in each member states' Notor Vehicle Laws

Article V. Applications for New Licenses

Upon application for a license to drive, the licensing authority in a party state shall ascertain whether the applicant has ever held, or is the holder of, a license to drive issued by any other party state. The licensing authority in the state where application is made shall not issue a license to drive to the applicant if:

(a) The applicant has held such a license, but the same has been suspended by reason, in whole or in part, of a violation and if such suspension period has not terminated.
(b) The applicant has held such a license, but the same has been revoked by reason, in whole or in part, of a violation and if such revocation has not terminated, except that after the expiration of one year from the date the license was revoked, such person may make application for a new license if permitted by law. The licensing authority may refuse to issue a license to any such applicant, if, after investigation, the licensing authority determines that it will not be safe to grant to such person the privilege of driving a motor vehicle on the public highways.
(c) The applicant is the holder of a license to drive issued by another party state and currently in force, unless the applicant surrenders such license.

This statute is listed under:
New Hampshire’s TITLE XXI ~ Motor Vehicles: CHAPTER 263 ~ Drivers’ Licenses: DRIVER LICENSE COMPACT ~ Section 263:77

Although some websites list Massachusetts as a Non-Member state, that is incorrect. You will find the same statute listed under:
MASSACHUSETTS Title XIV. Public Ways And Works ~ Chapter 90. Motor Vehicles And Aircraft ~ Section 30B. Interstate Compact; Motor Vehicle Convictions ~ Title IV.

[aardvarc]

And if he should happen to get into an accident, particularly if there is ANY level of injury to another party, he'll be arrested, for starters. Then, things will go from bad to worse, because whomever he hits will sue the living beegezzus out of him. Juries tend to really dislike when people who can't pass a driving test decide to drive anyway, knowingly putting other people at risk for their own convenience. If he's going to continue to drive, he really needs to be coming up with a plan, because ALL assets that are attacheable, including his bank accounts, non-retirement investments, real estate, etc. are at risk of becoming someone ELSE's assets every time he gets behind the wheel.

We all understand how dependent we become on our vehicles and the freedom to come and go as we please. But some of us, particularly those in law enforcement, have a first row seat to the types of things that happen when people who have no business behind the wheel decide to put themselves there. Sometimes aging parents need tough love for their own safety, just like children do.

It won't be of much comfort to you that he got a little more time to drive if you lose him, or much comfort to him to have that freedom to be mobile if he looses everything he's worked for. (And just as a side note, his suspended license eventually gets reported to his insurance company, who will react accordingly, AND, car insurance typically does NOT cover damages incurred when driving illegally - ie after having one's license suspended for not passing a driving test.)