July 30, 1998 98-R-0878
FROM: James J. Fazzalaro, Principal Analyst
RE: Hardship Exceptions for Suspended Drivers Licenses
You asked how Connecticut defines “hardship” for purposes of getting a hardship exception to a driver's license suspension. You also asked for information on all other states that have similar provisions.
SUMMARY
The law creating Connecticut's “work-only” driving permit does not define the level of hardship necessary to qualify for such a permit and the Department of Motor Vehicles (DMV) imputes no specific meaning to the term except that an applicant needs to drive in order to work. Other factors, some written into the law and some a matter of agency interpretation, define the parameters for getting work-only permits, such as the number of prior moving violations on an applicant's driving record. These usually have more to do with whether a permit is given than the degree of hardship the applicant is able to document.
While the information on the number of other states that have this type of hardship licensing is somewhat inconsistent, the majority of states appear to allow it in some form. Among those we were able to research, a specific definition of hardship is not common. And even in states like Georgia that have a statutory definition of “extreme hardship,” the factors are fairly general like not being “reasonably able” to get other transportation to work, receive scheduled medical care, or attend school. The more important factors that seem to distinguish one state's requirements from another tend to be the types of suspension offenses for which someone qualifies for a restricted privilege permit or license and whether it is limited only to work-related driving or allows driving for other purposes as well.
CONNECTICUT'S “WORK-ONLY” DRIVING PERMIT
The General Assembly created a driving permit for employment purposes in 1993 (CGS § 14-37a). Someone whose driver's license has been suspended for any violation of the motor vehicle laws, except for operating a vehicle while under a license suspension (CGS § 14-215) or for failure to appear for trial for a motor vehicle violation (CGS § 14-140), may apply to DMV for a special permit to drive to and from work, or, if he has no fixed place of employment, only to the extent necessary to properly perform his job.
The law states that the DMV commissioner, at his discretion, may issue such a permit “upon a showing of significant hardship.” There is no statutory definition of hardship and DMV imputes no particular meaning to it other than a satisfactory showing by the applicant that driving is necessary for him to get to work and retain his employment. Those who most frequently make use of these permits are apparently self-employed or engaged in sales activities. When considering whether to issue such permits, the commissioner has discretion granted by the law to consider an applicant's prior driving record. He also must determine that the person is not appealing the suspension in court. Anyone with more than one additional moving violation (not counting the one that resulted in the current suspension) within three years will not be given a special permit. Also, the law prohibits granting a special permit to anyone who has a previous suspension for a per se drunk driving violation (a measured blood-alcohol level of .10% or above) or for refusing to take a blood-alcohol test when such is authorized by law (an implied consent violation).
DMV's administrative regulations for the special permits have yet to be approved by the attorney general. It's administrative policy limits the authorized period during which someone may drive under a special permit to no more than 12 hours per day. The permit document states the allowable hours on its face and it must be in the person's possession while he is driving. Historically, there have typically been between 900 and 1,200 active permits at any given time.
REQUIREMENTS IN OTHER STATES
It was difficult to determine exactly how many other states have “similar” provisions on hardship licensing without surveying each of them individually. We consulted two useful national sources and got helpful but inconsistent information. The 1998 AAA Digest of Motor Vehicle Laws identifies 27 other jurisdictions, including the District of Columbia, that have some form of occupational hardship licensing. The other source was State and Provincial Licensing Systems--Comparative Data 1995, a compilation of various elements of the licensing systems in all the states and Canadian provinces. The report is published periodically by the National Highway Traffic Safety Administration and is based on information compiled by the American Association of Motor Vehicle Administrators. It identifies as many as 36 states with some form of occupational or hardship licensing, although some of the identified programs may be very limited and thus were not counted by AAA.
While there are inconsistencies between the two sources with respect to several states, both identify these states as not issuing any type of hardship licenses: Alabama, Colorado, Hawaii, Maryland, New Jersey, Rhode Island, South Carolina, Vermont, Virginia, and West Virginia.
We used the two sources to identify a number of states to research more thoroughly, but there was insufficient time to verify each state individually for this report. The programs for 11 states are summarized below. We have not provided additional information on several other states we researched, such as Kentucky and Maine, because their programs appear to be limited to certain alcohol-related driving suspensions only and thus were not comparable to what is available under the Connecticut law.
Alaska
A court, for “good cause,” may provide someone whose license has been revoked for certain offenses with a limited driver's license if it determines that the person's ability to earn a livelihood would be severely impaired. The limited license may be issued to “enable the person to earn a livelihood without excessive risk or danger to the public.” The court must review the person's driving record and other “relevant information” and must require (1) certification of employment, (2) proof of compliance with and completion of an alcoholism treatment program, when appropriate, and (3) surrender of the driver's license.
The offenses for which limited licensing may be made available by the court include manslaughter or homicide with a vehicle, use of a vehicle in a felony, evading responsibility after an accident, perjury or false statement in sworn statements to the motor vehicles agency, reckless driving, unlawful flight with a vehicle to avoid arrest, vehicle theft, driving while intoxicated, and refusing to take a blood-alcohol test. The limited license conditions are slightly different for the alcohol-related offenses. Limited license privileges may be given for subsequent revocations for these offenses, but the minimum revocation periods increase. Granting a limited license is prohibited when the person is found to have been driving while already under suspension or revocation.
Georgia
The Department of Public Safety may issue a “restricted driving permit” for license suspensions resulting from insurance related offenses and for failing to provide child support. A permit can be issued if refusal to do so would result in a loss of employment or “extreme hardship,” which means that the applicant cannot reasonably get other transportation and therefore would be prohibited from (1) going to work or performing his normal occupational duties, (2) receiving scheduled medical care or getting prescription drugs, or (3) attending a school or college at which he is regularly enrolled as a student. Permit restrictions can include travel times, specific origins and destinations, routes to be followed, specific vehicles that may be driven, and other conditions the department prescribes.
Idaho
The Idaho Transportation Department can suspend licenses for accumulated license points. The courts and the department are also authorized by several laws to suspend or revoke licenses for a variety of traffic and non-traffic related offenses. The department may issue restricted driving permits for suspensions it initiates, but for court-ordered suspensions, such as those for drunk driving or driving while already under suspension, the person must apply for the permit to the court that convicted him. Restricted driving permits may only be issued by the department for suspensions or revocations for (1) reckless driving, (2) fleeing or eluding a police officer, (3) accumulated license points, (4) leaving the scene of an accident, (5) using a vehicle in commission of a felony, (6) conviction of an offense in another state that would be grounds for suspension in Idaho, (7) violating provisions of a restricted license, or (8) a first-time administrative per se alcohol test failure. The department may not issue permits for (1) nonresidents, other than military personnel, (2) anyone who has been suspended by the court or department three or more times during the prior three years, (3) anyone previously issued a restricted permit for a like offense in the previous two years, (4) anyone who has less than 21 days remaining on a suspension, (5) anyone who has violated his permit restrictions, and (6) a resident who was not a resident at the time his driving privileges were suspended or revoked out-of-state.
An applicant must provide application and license reinstatement fees, verification of employment, proof of adequate insurance coverage, and, in some cases, a financial responsibility filing. If determined eligible for a permit, the person must sign a prepared written agreement affirming that cause exists for suspension or revocation and that he (1) will obey all motor vehicle laws; (2) may be required to complete a defensive driver course or obtain an alcohol evaluation and follow its recommendations if it is an alcohol-related suspension; (3) will maintain adequate insurance; (4) will notify the department of any arrests, citations, or warnings from a police officer, or of a change of address within 24 hours; (5) understands the permit will be cancelled for any conviction of or failure to appear for a traffic violation for violating its restrictions, or if another suspension occurs; and (6) will not drive after consuming alcohol or drugs and will submit to a blood-alcohol test at any time a police officer requests it.
Permits may be limited with respect to days or times of driving, geographic areas, specified travel purposes (employment, counseling, medical appointments, grocery shopping, church, etc.), driving only specified vehicles, and specific purposes for the permit, such as for work, to pursue educational opportunity, or to meet his medical needs or those of his family.
Indiana
A person whose license is suspended under Indiana motor vehicle laws and, because of the nature of his employment the suspension would work an “undue hardship and burden” on his family or dependents, may qualify for a restricted driver's license for the sole purpose of driving to and from work or to perform his duties. This may only be obtained through petition to a court. Restricted licenses are not available for suspensions (1) due to failure to file proof of financial responsibility or to satisfy a judgment after an accident (unless, based on a petition the court determined this was inadvertent); (2) because of physical, mental, or emotional instability; (3) because of a conviction for involuntary manslaughter or reckless homicide with a vehicle; (4) because of a prior suspension; or (5) because the person failed to make a timely appeal of his suspension.
The license petition must include the person's age, place of residence, and occupation; the reason and nature of the hardship or burden on his family or dependents; the nature and necessity of the use of a vehicle in his employment; his place of employment, work hours, and travel route; and a statement that he has not previously been convicted of a similar offense or suspended for a similar purpose.
Nebraska
The Department of Motor Vehicles can issue an Employment Driving Permit only for (1) license revocations made under the Nebraska license point system and (2) for the last 60 days of a 90-day administrative (per se) license revocation for a failed or refused blood-alcohol test. The permit allows driving to and from or for the normal course of work, but it is not valid for traveling back and forth to school unless the employer pays the cost of tuition. It is also not valid for shopping purposes. It cannot be issued if the person has any other open suspensions or revocations on his record.
Requirements for a permit include an application with certain personal information, voter registration, and a self-employment or employer's affidavit with notarized signatures. The person must also pay a $40 fee, surrender his regular license, file a certificate of insurance, and complete an approved defensive driving course within 60 days of getting the permit.
Nevada
The Department of Motor Vehicles and Public Safety may issue a restricted license to anyone whose license has been suspended or revoked, but not until half of the required period of driving ineligibility has expired. Someone suspended for a second drunk driving violation within seven years is not eligible for a restricted license. The restricted license permits him to drive to and from work or in the course of his work or to get medicine or food or receive regularly scheduled medical care for himself or a family member. Though the term is not defined, a permit applicant must provide sufficient documentary evidence to satisfy the department that a “severe hardship” exists because he has no alternative means of transportation and that it outweighs the risk to the public if he gets a restricted license.
A different version of the restricted license may be issued to someone whose license has been suspended or revoked for certain juvenile offenses such as delinquency, truancy, unlawful acts involving alcohol or drugs, damaging or defacing property, drunk driving if under age 18, and unlawful acts involving possession of a firearm. The restricted license allows driving to and from work or for work, and to and from school, if this applies.
The restricted license issued to someone whose suspension was due to a failure to provide child support as required by law allows driving for employment purposes, to receive regularly scheduled medical care for himself or a member of his immediate family, or, if applicable, as necessary to exercise court-ordered visitation rights.
Pennsylvania
A driver whose license has been suspended may apply for an “occupational limited license” as long as the offense on which the suspension was based is not one of those for which the law specifically prohibits such a license. With a few exceptions, this appears to limit access to the occupational limited license to suspensions for accumulated license points for routine moving violations. Suspensions for major offenses such as drunk driving, driving while under suspension, fleeing from a police officer, driving uninsured, and reckless driving make someone ineligible for an occupational license.
In his petition for an occupational license, the person must provide an explanation of why driving is essential to his occupation, work, trade, or study. The petition must identify the specific vehicle or vehicles he will drive and provide proof of financial responsibility for them. It must also identify the person's employer. The motor vehicle agency can require additional information and evidence to verify the information in the petition. A person may only get an occupational limited license once in a five-year period.
Oregon
A hardship driving permit can be issued to anyone whose driving privileges are suspended under the state's motor vehicle code, but for some offenses the person must submit a recommendation from the judge who convicted him before the motor vehicle agency can issue the permit. These offenses include reckless driving, fleeing or attempting to elude a police officer, and drunk driving convictions where it is determined that the person has a “problem condition” with respect to alcohol or drugs as described in state law. In this last instance, the judge must make a written recommendation taking both the public's and the defendant's best interests into account and must recommend times, places, routes, and days “minimally necessary for the person to retain employment, attend any alcohol treatment or rehabilitation program, or receive necessary medical treatment for himself or an immediate family member.
Hardship permits may not be issued to someone whose suspension resulted from conviction for (1) offenses related to manufacturing, possessing, or delivering controlled substances, or for operating under the influence of them and (2) failure to provide required family support.
To get a hardship permit, the person must submit an application that demonstrates his need for the permit with evidence satisfactory to the agency that he must drive (1) as a requisite for his occupation or employment, (2) to get to and from a place of employment, (3) to get to and from an alcohol treatment or rehabilitation program, or (4) to get to medical treatment for himself or an immediate family member. Also, drivers who were suspended only for failure to maintain insurance or for misrepresenting their age to purchase alcohol and for no other reason may request a permit in order to provide “necessary services” for themselves or a family member. The agency can determine what these services can be, but they can include, at least, grocery shopping, driving children to school, driving to medical appointments, and caring for elderly family members.
To qualify for a permit based on a need to provide transportation for regular medical treatment, the person must submit a statement signed by a doctor indicating need for the treatment. Any permit applicant must also show that he is not incompetent to drive or a habitual incompetent, reckless, or criminally negligent driver as established by his driving record.
The law allows the agency to make arrangements with police agencies in communities to provide them with information concerning hardship permittees in their communities.
Washington
The motor vehicle agency may issue an “occupational driver's license” in any instance when suspension or revocation of a license is mandatory under Washington motor vehicle laws except for vehicular homicide or assault. Mandatory suspension or revocation offenses include vehicular homicide or assault, driving under the influence of alcohol or drugs or refusing to take a breath test, using a vehicle in commission of a felony, evading responsibility, perjury or false statement in motor vehicle matters, reckless driving, reckless endangerment of a roadway worker, racing, driving while already under suspension, and failure to appear for trial for a traffic infraction.
An occupational license may only be granted if the person (1) has not committed another offense requiring suspension or revocation in the preceding year, (2) has not committed the offenses of drunk driving, vehicular homicide, or vehicular assault in the preceding five years, (3) is engaged in an occupation or trade that makes it “essential” that he drive, and (4) files proof of financial responsibility. An occupational license cannot authorize driving for more than 12 hours in a day. The agency must describe the type of occupation permitted, allowable hours and days for driving, and general routes allowed for travel. These must be shown in a document that must be carried in the vehicle.
Wisconsin
Someone may be eligible for an “occupational license” if his driving privileges have been suspended or revoked for (1) numerous offenses under the motor vehicle laws, (2) drug offenses (if not a juvenile), or (3) nonpayment of child support, or if he has been designated as a habitual traffic offender under the state's law. An occupational license is not available to juvenile offenders or to anyone (1) suspended for failing to pay traffic tickets or municipal citations or carry mandatory insurance, (2) with two or more suspensions from separate incidents in a year, (3) who has not waited the mandatory waiting period for an occupational license (for example for some alcohol-related incidents), or (4) has not met driver safety plan or ignition interlock requirements for repeat drunk driving offenses.
To qualify, a person must be engaged in an occupation, including homemaking, full- or part-time study, or a trade making it essential that he drive. The application must identify the vehicle to be driven, identify the person's occupation or trade, and explain why driving is essential to his livelihood. Total driving time is limited to not more than 12 hours in a day and 60 hours in a week. The permit can allow travel to church or to an alcohol rehabilitation program as long as the maximum hours are not exceeded. The license can also restrict the person's use of alcohol and drugs and specify the routes or areas where he may travel. If the motor vehicle agency denies someone an occupational license, he may petition the county court for one.
Wyoming
A “probationary license” granting restricted driving privileges can be issued for some offenses. Restricted licenses are available for first-offense drunk driving or per se drunk driving, reckless driving, transporting liquor to a minor, repeated moving violations (four in one year), and nonpayment of child support (a maximum of 120 days unless full payment is made). Restricted licenses are not granted for blood-alcohol test refusal, evading responsibility, driving while already suspended, failure to satisfy an outstanding traffic citation (nonappearance), insurance coverage violations or an accident while uninsured, and “zero tolerance” alcohol violation for minors.
Wyoming law states that restricted driving privileges must be extended only when failure to do so would cause “undue hardship” but the term is not defined. The law does not specify the types of restrictions that may be imposed. Only one probationary license is allowed in a five-year period.
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