SECTION 1. Section 13B of chapter 90 of the General Laws, as appearing in the 2010 Official Edition, is hereby amended by striking out the second sentence of subsection (a) and inserting in place thereof the following sentence:- 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 but shall be considered to be operating a motor vehicle if the vehicle is stopped in traffic.

SECTION 2. Section 13B of said chapter 90, as so appearing, is hereby amended by striking out subsection (b) and inserting in place thereof the following subsection:-

(b)  A violation of this section shall be punishable by a fine of $250 and a permit or license suspension of 90 days for a first offense, by a fine of $500 for a second offense and by a fine of $750 for a third or subsequent offense.

SECTION 3. Section 24 of said chapter 90, as so appearing, is hereby amended by inserting after the word “both”, in line 737, the following words:- ; provided, however, that any conviction made pursuant to the provisions of this section resulting from a violation of section 8M, 12A or 13B shall operate as a conviction for purposes of a registry of motor vehicles action and for purposes of the safe driver insurance plan established pursuant to section 113B of chapter 175.