HOUSE DOCKET, NO. 2080 FILED ON: 1/13/2009
HOUSE . . . . . . . . . . . . . . No. 3259
The Commonwealth of Massachusetts
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PRESENTED BY:
Peter J. Koutoujian
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To the Honorable Senate and House of
Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act prohibiting the use of certain communication devices while
operating a motor vehicle. .
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PETITION OF:
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Name:
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District/Address:
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Peter J. Koutoujian
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10th Middlesex
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Ruth B. Balser
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12th Middlesex
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Denise Provost
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27th Middlesex
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Susan C. Fargo
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Third Middlesex
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Alice K. Wolf
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25th Middlesex
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Matthew C. Patrick
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3rd Barnstable
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Carl M. Sciortino, Jr.
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34th Middlesex
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John W. Scibak
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2nd Hampshire
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Cory Atkins
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14th Middlesex
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The Commonwealth of Massachusetts
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In the Year Two Thousand and Nine
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An Act prohibiting the use of certain communication devices while operating a motor
vehicle.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 8 of chapter 90 of the General Laws, as appearing in the 2006 Official Edition, is hereby
amended by inserting after the third paragraph the following paragraph:—
A person holding a junior operator’s license shall not use a mobile telephone while driving. For the purposes of this section, a “mobile telephone” shall include, but not be limited t
o, a mobile telephone utilizing cellular, analog, satellite, wireless or digital telephone technology, and capable of sending or receiving telephone communications. A violation of this section shall be punishable by a suspension of a junior operator’s lice
nse for not more than 1 year and fine of not more than $100. It shall be an affirmative defense for a junior operator to produce documentary or other evidence that the telephone call that is the basis of the alleged violation was made for the sole purpose
of seeking emergency assistance. A violation of this paragraph shall not be considered as a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section 113 of chapter 17
5. An insurance company doing business in the commonwealth shall not deny an individual the right to purchase a motor vehicle liability policy based on a violation of this paragraph.
SECTION 2. Said chapter 90 is hereby amended by inserting after section 2
4P, as so appearing, the following section:—
Section 24Q. (a) For the purposes o
f this section, a “mobile tele
phone” shall include, but not be limited to, a mobile telephone utilizing cellular, analog, satellite, wireless or digital telephone technology, a
nd capable of sending or receiving telephone communications.
(b) A person shall not operate a motor vehicle on a public way:
(1) while holding a mobile telephone in one or both hands or with any other part of the body; or
(2) while using or operating a mob
ile telephone, unless the a mobile telephone is affixed to the vehicle or is part of a fixture in the vehicle and remains so affixed while being used or operated,
or is specially adapted or designed to be affixed to the driver as headgear and is so used, t
o enable the driver to use or operate the mobile telephone without holding it in the manner contemplated in clause (1), and remains so affixed while being used or operated.
(3) while sending, reading, or writing a text message. A person shall not sen
d, read, or write a text message when selecting or entering a phone number or name in a wireless communication device for the purpose of making a phone call.
(c) This section shall not apply to the following persons operating motor vehicles in the executio
n of their duties:
(1)
the
driver of a fire-fighting vehicle;
(2)
the
driver of a rescue vehicle or an ambulance; or
(3)
a
state, county, or local public safety official, if operating the vehicle with due regard to the safety of others.
(d) A violation of
this section shall be punishable by a fine of not more than $100. A second and subsequent violation shall be punished by a fine of not more than $250.
(e) It shall be an affirmative defense for an operator to produce documentary or other evidence that the
phone call that represents the alleged violation was made for the sole purpose of seeking emergency assistance.
(f) A violation of this section shall not be considered as a conviction of a moving violation of the motor vehicle laws for the purpose of deter
mining surcharges on motor vehicle premiums pursuant to section 113 of chapter 175. An insurance company doing business in the commonwealth shall not deny an individual the right to purchase a motor vehicle liability policy based on a violation of this sec
tion.
