7.2 At-Fault Crashes, Surchargeable Events, SDIP & Driver Retraining
Key Takeaways
In Massachusetts a driver is more than 50 percent at fault for a crash under one of 19 Standards of Fault when the insurer pays more than $1,000 for collision, property damage or bodily injury.
Three surchargeable events within two years require the Massachusetts Driver Retraining course within 90 days, or the license is suspended until it is completed.
Seven surchargeable events within three years bring an automatic 60-day license suspension in Massachusetts.
The Massachusetts Driver Retraining course is eight hours long and does not remove offenses or surcharges from the driving record.
An attested Massachusetts driving record costs $20; an unattested copy costs $8 and is available only online.
A driving record can reach suspension without any single serious offense. A few speeding tickets and a fender-bender can add up. The Manual explains how through surchargeable events.
At-Fault Crashes
You are more than 50 percent at fault for a crash if your insurance company:
- finds you at fault under one of the 19 Standards of Fault, and
- has paid more than $1,000 for collision, limited collision or damage to someone else's property, or more than $1,000 for bodily injury when no collision or property claim from the same incident tops $1,000.
Every at-fault crash you are charged with is listed on your driving record, and it counts toward possible suspension along with violations.
The 19 Standards of Fault
| # | Standard | # | Standard |
|---|---|---|---|
| 1 | Collision with a lawfully or unlawfully parked vehicle | 11 | Leaving a parked position, parking lot, alley or driveway |
| 2 | Rear-end collision | 12 | Opened or opening door(s) |
| 3 | Out-of-lane collision | 13 | Single-vehicle collision |
| 4 | Failure to signal | 14 | Failure to obey the rules and regulations for driving |
| 5 | Failure to proceed with due caution from a traffic control signal or sign | 15 | Unattended vehicle collision |
| 6 | Collision on the wrong side of the road | 16 | Collision while merging onto a highway or into a rotary |
| 7 | Operating in the wrong direction | 17 | Noncontact operator causing a collision |
| 8 | Collision at an uncontrolled intersection | 18 | Failure to yield to emergency vehicles when required by law |
| 9 | Collision while backing up | 19 | Collision at a "T" intersection, having entered from the side road |
| 10 | Collision while making a left turn or U-turn across the path of a vehicle traveling in the same or opposite direction |
Tip
Several standards match maneuvers instructors teach every week: backing, left turns and U-turns, merging into a rotary, pulling out of a parking space, opening doors and the "T" intersection. A student who gets the maneuver wrong is presumed at fault, so connect each lesson to its standard.
Surchargeable Events
Moving violations and at-fault crashes are surchargeable events. Each counts toward a possible suspension, and most out-of-state convictions count as if they happened in Massachusetts.
| Threshold | Consequence |
|---|---|
| 3 speeding violations within 12 months | Automatic 30-day suspension. The 12 months start when you pay or are found responsible for the first citation |
| 3 surchargeable events within 2 years | The RMV directs you to complete the Driver Retraining course within 90 days, or your license is suspended until you complete it |
| 7 surchargeable events within 3 years | Automatic 60-day suspension |
| Junior Operator speeding | 90 days for a first offense, one year for any later one |
| Junior Operator drag racing | One year for a first offense, three years for a later one |
Reinstatement after each of the three adult thresholds above costs $100. Junior Operator reinstatement fees differ (sections 7.3 and 8.1).
The Safe Driver Insurance Plan (SDIP)
Surchargeable events also affect insurance. The Merit Rating Board runs the Safe Driver Insurance Plan (SDIP), which sets your premium from your driving record:
- safe drivers may see their rates go down;
- rates go up after convictions for moving violations or crashes in which you are more than 50 percent at fault.
The Driver Retraining Course
If you get three or more surchargeable events within two years, you must complete the Massachusetts Driver Retraining Course or your license will be suspended.
- The RMV sends a packet describing the course, fees and enrollment. Enroll through the National Safety Council (1-800-215-1581).
- The course is eight hours: usually two four-hour sessions, or one eight-hour Saturday session where offered. It is held at many locations around the state.
- It does not teach driving skills; it aims to change driving behavior.
- Completing it does not remove offenses or surcharges from your record and does not replace other requirements. A drunk-driving conviction, for example, may still require an alcohol program.
Do not confuse the adult Driver Retraining course with the Driver Attitudinal Retraining course required for some Junior Operator suspensions, or with the SCARR program (section 8.1).
Driving Records
| Record | Cost | Where |
|---|---|---|
| Attested copy of the Massachusetts Public Driving Record, stamped as an authentic RMV document for official use | $20 | Online, any RMV service center, by mail, or the Court Records Department at the Haymarket service center (136 Blackstone Street, Boston) |
| Unattested copy | $8 | Online only |
Orders by mail or phone can take ten business days. Pay by check or money order to MassDOT with your name, address and license number on the check. Chapter 64 of the Acts of 2016 limits the public release of certain drug offense, expired warrant and child support information that used to appear on public driving records.
Explaining Cumulative Consequences
When a student asks "Is one ticket a big deal?", walk through the cumulative rules:
- Two speeding tickets this year? A third within 12 months means a 30-day suspension.
- A speeding ticket, a failure-to-signal crash and a red-light ticket within two years? That is three surchargeable events: Driver Retraining within 90 days or an indefinite suspension.
- Even without a suspension, each event can raise insurance premiums under SDIP.
A driver has three surchargeable events within two years. What does the RMV require?
Driver Retraining within 90 days, or suspension until done
A $500 fine paid to the Merit Rating Board within 30 days
Nothing, until a fourth surchargeable event occurs within the period
An automatic 60-day suspension followed by a new road test
A driver's insurer pays $2,400 for damage after the driver rear-ends another car. How is the crash classified?
As at fault only if the police issued a citation at the scene
At fault and surchargeable
As at fault only if the damage was more than $5,000
As not at fault, because the other driver stopped unexpectedly
Which statement about the Massachusetts Driver Retraining course is correct?
It is eight hours and does not erase offenses or surcharges
It erases the surchargeable events that triggered the referral
It replaces any court-ordered alcohol education program
It is a four-hour on-road course that teaches emergency handling skills
Sections you finish are checked off in the contents.