Mass. Gen. Laws » Part I Title XIV Chapter 90
Massachusetts General Laws

Mass. Gen. Laws ch. 90, § 12 (2026)

Employing unlicensed motor vehicle operator; permitting person with suspended or revoked license to operate motor vehicle; permitting person with ignition interlock devise license restriction to operate motor vehicle without devise; penalties

✓ current as of July 2026
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Section 12. (a) Whoever knowingly employs for hire as a motor vehicle operator any person not licensed in accordance with this chapter shall be punished for a first offense by a fine of not more than $1,000 and, for a second or subsequent offense, by a fine of not less than $1,000 nor more than $1,500 or imprisonment in the house of correction for not more than 1 year, or both such fine and imprisonment.

(b) Whoever, being the owner or person in control of a motor vehicle, knowingly permits such motor vehicle to be operated by a person who is unlicensed or whose license has been suspended or revoked shall be punished for a first offense by a fine of not more than $1,000 or by imprisonment in a house of correction for not more than 1 year or, for a second or subsequent offense by a fine of not less than $1,000 and not more than $1,500 or imprisonment in a house of correction for not more than 21/2 years, or both such fine and imprisonment.

(c) Whoever knowingly permits a motor vehicle owned by him or under his control, which is not equipped with a functioning ignition interlock device, to be operated by a person who has an ignition interlock restricted license shall be punished by 1 year in the house of correction and a fine of not more than $500 for a first offense or, for a second or subsequent offense by a fine of not more than $1,000 or imprisonment in a house of correction for not more than 21/2 years, or both. For the purposes of this section the term ''certified ignition interlock device'' shall mean an alcohol breath screening device that prevents a vehicle from starting if it detects a blood alcohol concentration over a preset limit of.02 or 20 mg of alcohol per 100 ml of blood.

(d) The registrar may suspend for not more than 1 year the motor vehicle registration of a vehicle used in the commission of a violation of this section or the license or right to operate of the person who commits a violation of this section, or both.

Notes of Decisions
Cited in 25 cases, 1923–2013 · leading case: Leone v. Doran, 292 N.E.2d 19 (Mass. 1973).
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Leone v. Doran, 292 N.E.2d 19 (Mass. 1973). · cites it 7× “In subsequent discussion in this opinion, we state that a defendant’s negligence may be inferred (1) by reason of his violation of G. L. c. 90, § 12, or (2) aside from any *7 violation of the statute, by reason of his knowingly allowing an incompetent operator to drive the…”
Davis v. Walent, 449 N.E.2d 382 (Mass. App. Ct. 1983). · cites it 5× “Negligent entrustment may be based on a showing of a violation of G. L. c. 90, § 12, which provides: “No person shall employ for hire as an operator any person not licensed in accordance with this chapter.”
Nunez v. A&M Rentals, Inc., 822 N.E.2d 743 (Mass. App. Ct. 2005). · cites it 2× “On appeal the plaintiffs contend that the defendant caused the death of the plaintiffs’ decedent when it (1) negligently entrusted the Corvette to Patten; (2) breached its statutory duty under G. L. c. 90, §§ 12 and 32C; and (3) negligently failed to verify that Patten had a…”
Mitchell v. Hastings & Koch Enter., Inc., 647 N.E.2d 78 (Mass. App. Ct. 1995). · cites it 2× “Thus, an owner who permits operation of his car by one whose license has been suspended or revoked, regardless whether he has actual knowledge of that fact, may himself be found responsible, on a negligent entrustment basis, for the negligent operation of the unlicensed driver.”
Thompson v. Auto Credit Rehab. Corp., 775 N.E.2d 414 (Mass. App. Ct. 2002). · cites it 2× “90, § 12, could be found “where an unlicensed person was allowed to drive, even though the defendant [who] owned the motor vehicle did not know that the person allowed to operate the vehicle was unlicensed.” Section 12 provides: “No person shall employ for hire as an operator…”
Barnstable Cnty. Mut. Fire Ins. v. Lally, 373 N.E.2d 966 (Mass. 1978). “In either case, it is necessary for the plaintiff to show, among other things, that the defendant owned or controlled the motor vehicle concerned, and that *606 the defendant gave the driver permission to operate the vehicle” (emphasis added).”
Picard v. Thomas, 802 N.E.2d 581 (Mass. App. Ct. 2004). “at 8-9 (owner or person in control of a car who knowingly allows an unlicensed person to operate his vehicle may be in violation of G. L. c. 90, § 12, but the statutory violation is not evidence of negligence unless a causal relationship between the unlawful conduct and the…”
Salamone v. Riczker, 590 N.E.2d 698 (Mass. App. Ct. 1992). · cites it 2× “On the return to the Riczker house, Murphy lost control of the car and struck Frank Salamone, who was jogging along the side of the road. 1. Negligent entrustment.”
Gordon v. Bedard, 164 N.E. 374 (Mass. 1929). “The first count of each declaration as amended was based upon negligence of the defendant’s agent or servant; and the second count upon the violation of G. L. c. 90, § 12, as amended by St. 1923, c.”
McDonough v. Vozzela, 142 N.E. 831 (Mass. 1924). “G. L. c. 90, §§ 12, 20. The judge in his charge cannot rightly assume the existence of facts not proved, or raise false issues, or give instructions not adapted to the evidence.”
Ortiz v. North Amherst Auto Rental, Inc., 834 N.E.2d 273 (Mass. App. Ct. 2005). · cites it 3× “90, § 32C, when Chana showed his valid IDP to NAAR’s employee upon renting the vehicle; (3) G. L. c. 90, § 12, is not a basis for liability; and (4) its actions were not the proximate cause of Ortiz’s injuries.”
Gordon v. Registry of Motor Vehs., 912 N.E.2d 9 (Mass. App. Ct. 2009). “See G. L. c. 90, § 12(c) Gordon was eligible to apply for his license reinstatement on December 17, 2005.”
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— Mass. Gen. Laws ch. 90, § 12(c) — 1 case
Gordon v. Registry of Motor Vehs., 912 N.E.2d 9 (Mass. App. Ct. 2009). “See G. L. c. 90, § 12(c) Gordon was eligible to apply for his license reinstatement on December 17, 2005.”
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