Amendment ID: S2093-24-R1

Redraft Amendment 24

Mobile Devices and Reckless Driving

Messrs. Tarr and Ross move to amend the bill by striking the text in its entirety and replacing it with the following:-

SECTION 1. Section 7B of chapter 90 of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by striking out, in line 72, the word “telephone” and inserting in place thereof the following words:- electronic device.

SECTION 2. Said chapter 90 is hereby amended by striking out section 13B and inserting in place thereof the following new section:-

Section 13B. (a) Any operator of a motor vehicle who uses a mobile electronic device for voice communication or a navigation device while holding or touching said device and operates such a vehicle in an unsafe manner so that the lives or safety of the public might be endangered shall be punishable by a fine of $250 for a first offense, by a fine of $500 for a second offense and by a fine of $1000 for a third or subsequent offense.

(b) No operator of a motor vehicle shall use a mobile telephone, or any handheld device capable of accessing the internet, to manually compose, send or read an electronic message or to input information by hand into a global positioning system or navigation device while operating a motor vehicle. 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.

(c) A violation of subsection (b) shall be punishable 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.

(d) It shall be an affirmative defense for an operator to produce documentary or other evidence that the use of the mobile electronic device that is the basis of the alleged violation was done so as a result of an emergency. For the purpose of this section, emergency uses of a mobile electronic device shall include but are not limited to communication that (i) a motor vehicle is disabled or an accident is present in the roadway; (ii) medical attention or assistance is required; (iii) police intervention, fire department or other emergency service was necessary for the personal safety of the operator or a passenger.

(e) A penalty under this section shall not be a surchargeable offense under section 113B of chapter 175.