FILED ON: 6/30/2017

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2103

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to prevent driver distraction and motor vehicle fatalities.

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. Chapter 6 of the General Laws is hereby amended by inserting after section 15BBBBBB, inserted by chapter 274 of the acts of 2016, the following 2 sections:-

Section 15 CCCCCC. The governor shall annually issue a proclamation setting apart the second week of March as Massachusetts Sleep Awareness Week and the Sunday at the beginning of daylight savings time as Massachusetts Sleep Awareness Day and recommending that the week be properly observed as a period of special attention to the problems of sleep deprivation and fatigue including, but not limited to: (i) impaired reaction time, judgment and vision; (ii) problems with information processing and short-term memory; (iii) decreased performance, vigilance and motivation; (iv) increased moodiness and aggressive behaviors; and (v) especially, the dangers of driving under the influence of sleep deprivation or fatigue. To this end, the agencies of the commonwealth and private organizations, especially those interested in education, transportation, public health and public safety, shall adopt policies and programs consistent with the goals of: (1) increasing public awareness about sleep, sleep disorders and consequences of sleep deprivation; (2) promoting science-based public policies that improve the sleep health of the nation; (3) advancing basic, clinical, applied and population-based research; and (4) promoting recognition of and access to care for individuals with sleep disorders.

Section 15 DDDDDD. The governor shall annually issue a proclamation setting apart the second week of November as Massachusetts Drowsy Driving Prevention Week and recommending that the week be properly observed as a period of special attention to the need for public awareness and action relative to the problems of drowsy driving and driver fatigue. For purposes of this section “drowsy driving” or “driver fatigue” shall mean driving while being sleepy, tired, drowsy or exhausted.             

SECTION 2. Section 1 of chapter 90 of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after the definition of “Hands-free mobile telephone” the following definition:-

“Hands-free mode”, operation of a mobile electronic device that has an internal feature or function or that is equipped with an attachment or addition, whether or not permanently a part of the mobile electronic device, by which a user engages in a voice communication or receives audio without the use of either hand; provided, however, that a mobile electronic device may require a single tap or swipe to activate, deactivate or initiate the hands-free mode feature if the device can be used without diverting the operator’s attention from the roadway.

SECTION 3. Section 7B of said chapter 90, as so appearing, is hereby amended by striking out, in line 172, the word “telephone” and inserting in place thereof the following words:- electronic device.

SECTION 4. Said section 7B of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 177 and 178, the words "intervention is necessary for the personal safety of a passenger or to otherwise ensure the safety of the passengers; and (d)" and inserting in place thereof the following words:- or fire department intervention or some other emergency service is necessary for the safety of the operator or to otherwise ensure the safety of the passengers; (d) that police or fire department intervention or some other emergency service is necessary for the safety of a pedestrian in or near the roadway; (e) that police department intervention is necessary due to a motor vehicle being operated in a manner that poses a threat to the safety of travelers on the roadway or to pedestrians; or (f).

SECTION 5. Section 8M of said chapter 90, as so appearing, is hereby amended by inserting after the word “travel”, in line 6, the following words:- by a motor vehicle or bicycle

SECTION 6. Said section 8M of said chapter 90, as so appearing, is hereby further amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

A junior operator who violates the preceding paragraph shall be subject to the penalties provided in section 13B of chapter 90.  In addition, for a first offense, the junior operator’s license or permit shall be suspended for 60 days and shall not be eligible for license or permit reinstatement until the junior operator completes a program selected by the registrar that encourages attitudinal changes in young drivers, for a second offense, the junior operator’s license or permit shall be suspended for 180 days and for a third or subsequent offense the junior operator’s license or permit shall be suspended for 1 year.

SECTION 7. Said section 8M of said chapter 90, as so appearing, is hereby further amended by inserting after the word “purposes”, in line 19,  the following words:- and no other person in the vehicle was capable of using a mobile telephone, hands free-mobile telephone or mobile electronic device.

SECTION 8. Said section 8M of said chapter 90, as so appearing, is hereby further amended by striking out, in lines 26 and 27, “or (iv) ” and inserting in place thereof the following words:- (iv) that a disabled vehicle or an accident was present in the public way; (v) that police or fire department intervention or some other emergency service was necessary for the safety of a pedestrian in or near the roadway; or (vi) that police department intervention was necessary due to a motor vehicle being operated in a manner that posed a threat to the safety of travelers on the roadway or to pedestrians.

SECTION 9. Said section 8M of said chapter 90, as so appearing, is hereby further amended by striking out the fourth paragraph.

SECTION 10.  Section 12A of said chapter 90, as so appearing, is hereby amended by striking out, in lines 23 and 24, the words “not be a moving violation for purposes of the safe driver insurance plan” and inserting in place thereof the following words:- be a surchargeable incident for violations occurring on a way intended for motor vehicles.

SECTION 11. Said section 12A of said chapter 90, as so appearing, is hereby further amended by inserting after the figure “175”, in line 25, the following words:- or under a motor vehicle liability policy as defined in section 34A that is issued pursuant to said chapter 175.

SECTION 12. Said section 12A of said chapter 90, as so appearing, is hereby further amended by striking out, in line 35, “or (4)” and inserting in place thereof the following words:- (4) that police department intervention is necessary due to a motor vehicle being operated in a manner that poses a threat to the safety of travelers on the roadway or to pedestrians; or (5).

SECTION 13.  Section 13 of said chapter 90, as so appearing, is hereby amended by striking out, in line 3, the word “may” and inserting in place thereof the following words:- is likely to.

SECTION 14. Said section 13 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 4, the word “operator” and inserting in place thereof the following word:- operated.

SECTION 15. Said section 13 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 6, the words “mobile telephone” and inserting in place thereof the following words:- mobile electronic device in hands-free mode.

SECTION 16. Said chapter 90 is hereby further amended by striking out section 13B, as so appearing, and inserting in place thereof the following section:-

Section 13B. (a) No operator of a motor vehicle shall use a mobile electronic device while operating a vehicle unless the person is using the device in hands-free mode.  No operator of a motor vehicle shall touch or hold in either hand a mobile electronic device while operating a motor vehicle except to perform a single tap or swipe to activate, deactivate or initiate hands-free mode. No operator of a motor vehicle shall use a mobile electronic device or other device capable of accessing the internet to: (i) compose, send or read an electronic message; (ii) access social media; (iii) use camera functions, including video calls; (iv) watch videos not intended for navigation purposes; (v) review or input information on a mobile electronic device; or (vi) manually input information into a global positioning system or navigation device while operating a vehicle. Nothing in this section shall prohibit the use of a display which enhances the operator’s view to maneuver the vehicle or to perform a single tap or swipe to activate, deactivate or initiate a command to a global positioning system or navigation device or function.. An operator of a motor vehicle who holds a mobile electronic device to or in the immediate proximity of the operator’s head or in the operator’s hand on the operator’s lap while operating a motor vehicle shall be presumed to be in violation of this section. 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 part of a roadway intended for travel by a motor vehicle or bicycle.

(b) Whoever violates this section or section 8M shall be punished by a fine of $100 for a first offense, by a fine of $250 for a second offense and by a fine of $500 for a third or subsequent offense within 6 years. A third or subsequent violation of this section or of said section 8M shall be a surchargeable incident under section 113B of chapter 175 or under a motor vehicle liability policy as defined by section 34A that is issued pursuant to said chapter 175.  In addition to fines pursuant to this subsection, an operator who commits a second or third or subsequent offense under this section shall be required to complete a program selected by the registrar of motor vehicles that encourages a change in driver behavior and attitude about distracted driving. This subsection shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone or a mobile electronic device.

(c) Documentary or other evidence that the use of a mobile electronic device was for emergency purposes and that no other person in the vehicle was capable of using a mobile electronic device shall be an affirmative defense to an alleged violation of this section. For the purposes of this section, “emergency purposes” shall mean that the operator used the mobile electronic device for voice communication with another person to report: (i) that the motor vehicle was disabled; (ii) that medical attention or assistance was required; (iii) that police or fire department intervention or some other emergency service was necessary for the safety of the operator or to otherwise ensure the safety of the passengers; (iv) that a disabled vehicle or an accident was present in the roadway; (v) that police or fire department intervention or some other emergency service was necessary for the safety of a pedestrian in or near the roadway; or (vi) that police intervention was necessary due to a motor vehicle being operated in a manner that poses a threat to the safety of travelers on the roadway or to pedestrians.

(d) This section shall not apply to public safety personnel or emergency first responders using a mobile electronic device while operating an emergency services vehicle and engaged in the performance of their duties as emergency services personnel.

SECTION 17. Chapter 155 of the acts of 2010, is hereby amended by striking out section 14 and inserting in place thereof the following section:-

Section 14.  The registrar of motor vehicles, in cooperation with the highway safety division, the department of elementary and secondary education, the department of higher education and municipal law enforcement shall develop and implement an annual public awareness campaign for junior and adult operators which shall include, but not be limited to, the dangers and consequences of distracted driving, information on the restrictions of mobile telephone and mobile electronic device use while operating a motor vehicle under sections 8M, 12A, 13 and 13B of chapter 90 of the General Laws, information on the fines and punishments which may be imposed for violations of said chapter 90 and bicycle safety.  The registrar of motor vehicles shall include information on the hazards of distracted driving in each revised publication of the driver's manual.

SECTION 18. Notwithstanding any general or special law to the contrary, the division of insurance shall conduct a study on the feasibility of reducing the amount of time unsafe driver points remain on a driver’s record. The report and any recommendations shall be submitted to the clerks of the senate and the house of representatives, the joint committee on transportation and the senate and house committees on ways and means by not later than December 31, 2017.

SECTION 19. The registry of motor vehicles may promulgate regulations to implement section 13B of chapter 90 of the General Laws and to further define “mobile electronic device” under section 1 of said chapter 90.

SECTION 20. Each entity authorized to enforce the laws of the commonwealth shall collect and submit to the executive office of public safety and security the following statistical data for each stop made and citation issued under chapter 90 of the General Laws: (i) reason for the stop; (ii) date, time, duration and street address or approximate location of the stop; (iii) race, ethnicity, gender, approximate age of the driver and whether the driver has limited English proficiency based on the officer’s observation and perception; (iv) whether investigatory action was initiated, including a search of a vehicle or the vehicle operator or passengers, and if the search was conducted with the consent of the operator or passengers; (v) the results of any investigatory action; (vi) whether the stop or subsequent search resulted in a warning, citation, arrest or other subsequent action; and (vii) the badge number of the officer initiating the stop. The executive office of public safety and security shall: (1) develop and distribute a form for law enforcement agencies to facilitate data collection under this section; (2) submit annual reports, excluding the officer badge number, of the statewide data to the joint committee on the judiciary, the joint committee on public safety and homeland security and the senate and house committees on ways and means; and (3) make such data available to the public online, in machine-readable format.  Not less than annually, a police department shall review each officer’s stop and search data, review the entire department’s stop and search data, examine and analyze racial or other disparities and formulate and implement an appropriate response. Future electronic systems developed for data collection by law enforcement shall be designed to collect the data described in this section and automatically transmit that data to the executive office of public safety and security. The failure of an officer to collect such data shall not affect the validity of the underlying stop.