SECTION 1. Section 8 of chapter 90 of the General Laws, as appearing in the 2002 official edition, is hereby amended by inserting after the fifth paragraph the following paragraph:-A person under eighteen years of age shall not use a mobile telephone while driving. For the purposes of this section, a “mobile telephone” shall include, but not be limited to, 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 his or her driver’s license for not more than one year and fine of not more than $100. It shall be an affirmative defense for a person under the age of eighteen 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 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 paragraph.
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