Driving Record Policy
Use of Driving Records in Evaluating Candidates for Employment
Issued April 7, 2022
- Human Resources
- Policy/Procedure Number 2.13
1. PURPOSE
The purpose of this Policy is to guide the Authority in evaluating the driving records of qualified prospective candidates for employment in positions that require the incumbent to operate an Authority vehicle or any vehicle on Authority business.
2. SCOPE
This Policy applies to individuals who are candidates for employment, on or after April 7, 2022, in positions that require the incumbent to operate a revenue generating Authority vehicle, a non-revenue generating Authority vehicle, or to operate any vehicle on Authority business.
3. DEFINITIONS
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Authority Vehicle
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An "Authority Vehicle" includes, but is not limited to, Authority buses, light rail and heavy rail or trams, trucks, cars, sport utility vehicles, hi-rail equipment, construction equipment, vans and forklifts, and vehicles in the motor pool. Authority vehicles also include vendor's vehicles to the extent that they may be operated by Authority employees for a work-related purpose.
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Major Accident
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A Major Accident is an at-fault accident where the claim payment is above a certain threshold, as described in the SDIP 134.09(3)(a). The threshold is $5,000 or as otherwise described in the SDIP 134.09(3)(a).
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Major Traffic Law Violation
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A Major Traffic Law Violation is described in the SDIP, 134.09(3)(c). Major Traffic Law Violations include, but are not limited to, driving to endanger or reckless driving, operating under the influence of liquor or narcotics, operating after revocation of license, and vehicular homicide.
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Minor Accident
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A Minor Accident is an at-fault accident where the claim payment is below a certain threshold, as described in the SDIP 134.09(3)(b).
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Minor Traffic Law Violation
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A Minor Traffic Law Violation, as described in the SDIP, 134.09(3)(d), is a traffic law violation less serious than a Major Traffic Law Violation. Minor Traffic Law Violations include, but are not limited to, speeding, operating a vehicle with improper lights, and failing to obey a traffic control signal. Minor traffic Law Violations do not include any rule, regulation, order, ordinance, or by-law regulating the parking of motor vehicles.
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Non-Renewable Status of License
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"Non-Renewable Status" means that a driver's license is not eligible for renewal because the licensee is in violation of an applicable rule, regulation and/or policy governing the renewal of driver's licenses in the jurisdiction where the license was issued.
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Non-Revenue Vehicle Operator
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A "Non-Revenue Vehicle Operator" is an Authority employee whose regular job responsibilities include operating a non-revenue generating Authority Vehicle. Examples of Non-Revenue Vehicle Operators are listed in Schedule A below.
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Occasional Driver
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An employee is an "Occasional Driver" if his or her job responsibilities include operating, from time to time, on an irregular basis, a non-revenue generating Authority Vehicle. An employee is not an Occasional Driver if his or her regular job responsibilities include operating a non-revenue generating Authority Vehicle.
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Revenue Vehicle Operator
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A "Revenue Vehicle Operator" is an Authority employee whose job responsibilities include operating a revenue generating Authority Vehicle. Examples of Revenue Vehicle Operators are listed in Schedule A below.
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Safe Driver Insurance Plan (SDIP)
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The plan described in the Code of Massachusetts Regulation 211 CMR 134.00.
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SDIP Surcharge Points
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SDIP Surcharge Points are assigned by the Merit Rating Board in accordance with regulations of the Massachusetts Division of Insurance to each Accident and Traffic Law Violation as follows: a Minor Accident is three (3) surcharge points, a Major Accident is four (4) surcharge points, a Minor Traffic Law Violation is two (2) surcharge points, and a Major Traffic Law Violation is five (5) surcharge points.
Massachusetts driving records include surcharge point assignment. MBTA Human Resources will assign SDIP points to accidents and violations on out-of-state driving records using the definitions in this policy.
4. POLICY
This Policy contains driving record standards for candidates for hire, on or after April 7, 2022, for Revenue Vehicle Operators, Non-Revenue Vehicle Operators or positions that require the incumbent to be an Occasional Driver. The driving standards are different for each category of employment. See Section 4. B., C and D.
All candidates for employment as a Revenue Vehicle Operator, Non-Revenue Vehicle Operator, or a position that requires the incumbent to be an Occasional Driver, shall provide the Human Resources Department ("HR") with a list of all jurisdictions or states in which the candidate resided for the most recent ten (10) years, starting with the candidate's present jurisdiction or state. Candidates also are required to provide a driving record for each jurisdiction or state in which the candidate is or was licensed to drive for the past ten (10) years. The Authority may obtain a Candidate’s Massachusetts driving record directly from the Registry of Motor Vehicles.
Should candidates choose not to provide the requested driving record, they shall not be further considered for employment.
If the Authority intends to exclude a candidate from consideration for employment based on the candidate's driving record information, the candidate will be notified as soon as possible.
A candidate for Revenue Vehicle Operator will not be considered for employment with the Authority if he/she has a driving record containing any of the following:
- Five (5) or more SDIP Surcharge Points in the past three (3) year period, with the first Minor Traffic Law Violation in the period counting as zero (0) points if the candidate has six (6) or more years of driving experience, the Violation is the first Traffic Law Violation in the period, and the Violation is non-criminal as described in the SDIP 134.13(5).
- A license suspension in the past five (5) years that resulted from one or more Traffic Law Violations.
- Any license suspension resulting from a drug conviction (codified in Massachusetts at M.G.L. c. 90 Section 22) within the past ten (10) years.
- A conviction, a guilty plea, a finding of responsibility or a continuance without a finding (“CWOF”), an assignment to a 24D program, or a driver alcohol education program as an alternative disposition on an Operating Under the Influence (“OUI”), or a like violation in any other state or jurisdiction within the past ten (10) years.
- A refusal of a breathalyzer test in the past ten (10) years.
- An Interlock restriction on his/her driver’s license in the past ten (10) years.
- A conviction, guilty plea, finding of responsibility or CWOF of motor vehicle homicide.
A candidate for Non-Revenue Vehicle Operator will not be considered for employment with the Authority if he/she has a driving record containing any of the following:
- Five (5) or more SDIP Surcharge Points in the past three (3) year period, with the first Minor Traffic Law Violation in the period counting as zero (0) points if the candidate has six (6) or more years of driving experience, the Violation is the first Traffic Law Violation in the period, and the Violation is non-criminal as described in the SDIP 134.13(5).
- A license suspension in the past five (5) years that resulted from one or more Traffic Law Violations.
- Any license suspension resulting from a drug conviction (codified in Massachusetts at M.G.L. c. 90 Section 22) within the past ten (10) years.
- A conviction, a guilty plea, a finding of responsibility or a continuance without a finding (“CWOF”), an assignment to a 24D program, or a driver alcohol education program as an alternative disposition on an Operating Under the Influence (“OUI”), or a like violation in any other state or jurisdiction within the past ten (10) years.
- A refusal of a breathalyzer test in the past ten (10) years.
- An Interlock restriction on his/her driver’s license in the past ten (10) years.
- A conviction, guilty plea, finding of responsibility or CWOF of motor vehicle homicide.
If a candidate for employment in a position that requires the incumbent to be an Occasional Driver is hired by the Authority, the employee will not be permitted to operate a vehicle on Authority business if his/her driving record contains any of the following:
- A Major Traffic Law Violation within the past three (3) years.
- Any license suspension resulting from a drug conviction (codified in Massachusetts at M.G.L. c. 90 Section 22) within past five (5) years.
- A conviction, a guilty plea, a finding of responsibility or a continuance without a finding (“CWOF”), an assignment to a 24D program, or a driver alcohol education program as an alternative disposition on an Operating Under the Influence (“OUI”), or a like violation in any other state or jurisdiction within the past five (5) years.
- A refusal of a breathalyzer test within the past five (5) years.
- An Interlock restriction on his/her driver's license within the past five (5) years.
- A conviction, guilty plea, finding of responsibility or CWOF of motor vehicle homicide.
The standard driving record may contain information concerning open or pending cases. If a driving record inquiry results in the discovery of a pending case(s), HR will, by letter sent to the candidate's address of record, instruct the candidate to obtain and deliver to the Authority a letter from the appropriate Registry of Motor Vehicles or a court certified and numbered docket indicating final disposition(s) of all pending cases.
In the event that the candidate is unwilling or unable to provide the final disposition(s) for all matters within ten (10) business days, the Authority shall not further consider that candidate for employment.
If any candidate for Revenue Vehicle Operator, Non-Revenue Vehicle Operator or a position that requires the candidate to be an Occasional Driver has a non-renewable status of his/her driver's license, the candidate will be required to obtain a "Non-Renew (NRE) Display Tickets for License" from the appropriate Registry of Motor Vehicles. Any unpaid fines listed on the "NRE Display Tickets for License" must be paid before the candidate can be hired. Proof of payment must be provided to HR within 15 days of the date on which Human Resources so notifies the candidate.
The MBTA reserves the right to periodically check the driving records/histories and/or license status of its employees and to determine whether to take any action, up to and including discharge, based on its review of the employee's driving record/history.
5. CONFIDENTIALITY
While personal information (such as addresses, social security numbers, and date of birth) contained in driving records is protected as personal information under the federal Driver Privacy Protection Act, driving histories are public records unless otherwise exempt by applicable statutes.
SCHEDULE A
Issued April 7, 2022
- Human Resources
- Policy/Procedure Number 2.13
Below are examples of Revenue Vehicle Operators and Non-Revenue Vehicle Operators. Please note, the below list is not an exhaustive list of each category of employment.
- Full- or part-time Bus Operator
- Full- or part-time Motorperson
- Full- or part-time Streetcar Motorperson
- Full-time Track Laborer
All Building and Construction Trades:
- SPP/Bridgeperson
- Bridgeperson Inspector
- SPP Carpenter
- SPP/Cement Finisher
- SPP/B&T Hoist Engineer
- Cable Splicer Helper
- SPP/Asbestos Worker
- SPP/Building Laborer
- SPP/Mason
- SPPI Sheetmetal Worker
- SPP/Painter
- SPP/Pipefitter
- SPP/Roofer
- Upholsterer
- Technician, AFC SR SYS-103
- Technician, AFC SYS-103
- Cable Splicer A Wireperson
- Cable Splicer B
- Cableperson
- SPP/Wireperson
Skilled Trades:
- Local 3
- SPP/Heating Plant Fireperson
- Local 651
- Blacksmith Welder
- Local 264
- Machinist (Class 570)
- Local 104
- SPP/1st Class Line Repairer
- 2nd Class Line Repairer
- SPP/Driver Groundperson
- Local 717
- 1st Class Electrical Worker
- 2nd Class Electrical Worker
- Electrical Worker Helper, 3rd Class
All civil service positions:
- Transit Police officers
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Interested in joining the MBTA? Sign up for job posting alerts, and we'll let you know when new roles become available.
Careers FAQ
Learn more about our application process, student internships, or how to become an MBTA operator.