SENATE DOCKET, NO. 1364        FILED ON: 1/14/2009

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1902

The Commonwealth of Massachusetts

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In the Year Two Thousand Nine

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An Act smoking in motor vehicles..

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.  Notwithstanding any general or special law to the contrary, no child under the age of 16 shall ride as a passenger in a motor vehicle in which the operator or other passenger is smoking cigarettes, cigars, pipes or any other tobacco product.

SECTION 2.  The operator of a motor vehicle found to be in violation of this statute shall be subject to a fine of not more than $50.00.

SECTION 3.  A person who receives a citation for a violation of the provisions of this statute may contest such citation pursuant to Section 3 of Chapter 90C of the General Laws.  A violation of this section shall not be deemed to be a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to Section 113B of Chapter 175 of the General Laws.