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

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

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Jay R. Kaufman

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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 relative to safer driving.

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PETITION OF:

 

Name:

District/Address:

Jay R. Kaufman

15th Middlesex

Alice K. Wolf

25th Middlesex

Martin J. Walsh

13th Suffolk

Jonathan Hecht

29th Middlesex

Elizabeth A. Malia

11th Suffolk

George T. Ross

2nd Bristol

Cory Atkins

14th Middlesex

Ruth B. Balser

12th Middlesex

Martha M. Walz

8th Suffolk


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
 

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In the Year Two Thousand Eleven

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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.

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