Amendment 8 - Withdrawn

Amendment ID: S2092-8

Amendment 8

Secondary violation

Mr. Barrett moves to amend the bill by striking out section 5 and section 8, and

by striking out section 14, and inserting in place thereof, the following section:

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, or any handheld device capable of accessing the internet, to manually compose, send or read an electronic message; to access social media; to use camera functions, including video calls; to review or input information on a mobile electronic device; or to manually input information into a global positioning system or navigation device while operating a motor 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 voice command to a global positioning system or navigation device. 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 by a motor vehicle or bicycle.

(b) A violation of subsection (a) 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) No operator of a motor vehicle shall use a mobile electronic device to place or receive telephone calls 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. An operator of a motor vehicle who holds a mobile electronic device to or in the immediate proximity of the operator’s head 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. The provisions of this subsection shall be enforced by law enforcement agencies only when an operator of a motor vehicle has been stopped for a violation of the motor vehicle laws or some other offense.

(e) A violation of subsection (d) shall be punishable by a fine of $50. A penalty under this subsection shall not be a surchargeable offense under section 113B of chapter 175.

(e) 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.