HOUSE DOCKET, NO. 2816        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2651

 

The Commonwealth of Massachusetts

_________________

PRESENTED BY:

Jay R. Kaufman

_________________

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 adoption of the accompanying bill:

An Act relative to safer driving.

_______________

PETITION OF:

 

Name:

District/Address:

Date Added:

Jay R. Kaufman

15th Middlesex

1/21/2011

Alice K. Wolf

25th Middlesex

2/3/2011

Martin J. Walsh

13th Suffolk

2/3/2011

Jonathan Hecht

29th Middlesex

2/3/2011

Elizabeth A. Malia

11th Suffolk

2/3/2011

George T. Ross

2nd Bristol

2/3/2011

Cory Atkins

14th Middlesex

2/4/2011

Ruth B. Balser

12th Middlesex

2/1/2011

Martha M. Walz

8th Suffolk

2/2/2011


HOUSE DOCKET, NO. 2816        FILED ON: 1/21/2011

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2651

By Mr. Kaufman of Lexington, a petition (accompanied by bill, House, No. 2651) of Jay R. Kaufman and others for legislation to require motor vehicle operators to use hands-free mobile telephones and devices.  Transportation.

 

The Commonwealth of Massachusetts

 

_______________

In the Year Two Thousand Eleven

_______________

 

An Act relative to safer driving.

 

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 13B of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking subsection (a) and inserting in place thereof:-- 

a.No operator of a motor vehicle shall use a mobile electronic device or a mobile telephone, unless said telephone is a hands-free mobile telephone.  For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the public way intended for travel.  It shall be an affirmative defense for an operator to produce evidence that the use of a mobile electronic device or a mobile telephone that is the basis of the alleged violation was for emergency purposes. For the purpose of this section, an emergency shall mean that the operator used the mobile telephone or mobile electronic device to communicate with another to report any of the following: (i) that the motor vehicle was disabled; (ii) that medical attention or assistance was required; (iii) that police intervention, fire department or other emergency service was necessary for the personal safety of the operator or a passenger; or (iv) that a disabled vehicle or an accident was present in the public way.

Section 2.  Section 13B of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby further amended by inserting at the end of Section 13B a new subsection:--

d.  A fine , as established in subsection b of this section shall be suspended for a first offense if the operator provides proof of acquisition of a hands-free accessory subsequent to the violation but prior to the imposition of a fine.