SENATE DOCKET, NO. 1383        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2120

The Commonwealth of Massachusetts

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PRESENTED BY:

Mark C. Montigny

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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 to prevent driver distraction and motor vehicle fatalities.

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PETITION OF:

SENATE DOCKET, NO. 1383        FILED ON: 1/17/2019

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 2120

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 1962 OF 2017-2018.]

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)

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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. 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.

SECTION 2. 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 3. 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 4. 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 5. 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 6. 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 7. 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 8. Said section 8M of said chapter 90, as so appearing, is hereby further amended by striking out the fourth paragraph.

SECTION 9.  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 10. 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 11. 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 12. 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 13. Said section 13 of said chapter 90, as so appearing, is hereby further amended by striking out, in line 7, the words “as long as” and inserting in place thereof the following words:- if the operator can do so without diverting attention from the roadway and.

SECTION 14. 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) review or input information on a mobile electronic device; or (v) 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. 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. 

(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.

SECTION 15. 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.