1. Ch 90/8M- Use of a Mobile Phone or Mobile Electronic Device by a Junior Operator
Mobile electronic device includes mobile telephone, text messaging device, paging device, PDA, laptop computer, electronic equipment capable of playing video games or video disks or can take/transmit digital photographs or can receive a television broadcast. Mobile electronic device does not include any equipment permanently or temporarily installed to provide navigation, emergency assistance or rear seat video entertainment. Reporting an emergency is the only exception. Drivers are encouraged to pull over and stop the vehicle to report the emergency. Civil Offense- No Surcharge
1st
offense-$100, 60 day license
suspension & attitudinal
course
2nd offense-$250, 180 day
suspension
3rd or subs offense-$500, 1
year suspension
2. Use of a Mobile Phone
by a Public Transport Motor
Vehicle Operator, Civil
Offense-No insurance
surcharge
$500 assessment each offense
3. Use of a Mobile Phone
by a Public Transport
Non-Motor Vehicle Operator
Civil Offense-No
insurance surcharge (MBTA
Trolley)
$500 assessment each
violation
4. Improper Use of a
Mobile Phone by Operators 18
and Over
One hand must be on the
steering wheel at all times
and no use of device can
interfere with driving.
Civil Offense-No insurance
surcharge
1st offense-$35 assessment
2nd offense in 12 months-$75
assessment
3rd offense in 12
months-$150 assessment
5. Sending/Reading Text
Messages
Operators cannot use any
mobile telephone or handheld
device capable of accessing
the Internet to write, send,
or read an electronic
message including text
messages, emails, and
instant messages or to
access the Internet while
operating a vehicle. Law
applies even if the vehicle
is stopped in traffic. Civil
Offense-No insurance
surcharge
1st offense-$100
2nd offense-$250
3rd or subs offense-$500
6. Negligent Operation &
Injury from Mobile Phone Use
Criminal Offense- Insurance
surcharge
JOL Suspensions
1st offense-180-day
suspension
2nd or subsequent offense
within 3 years-1 year
suspension, $500
reinstatement fee
Over-18 suspensions
1st offense-60-day
suspension
2nd or subsequent offense
within 3 years-1 year
suspension $500
reinstatement fee
Additional Suspensions
The law repeals the current
suspension for
5-surchargeable incidents in
a 3-year period and replaces
it with a new suspension for
3 surchargeable incidents in
2 years. Violations with an
incident date on or after
9/30/2010 can be factored
into the new suspension
calculation. However, older
violations will still be
considered a basis for
operators that accrue 7
surchargeable incidents.
Similar to the current
suspension process for 5
surchargeable incidents,
operators will have 90 days
from the suspension notice
to complete a National
Safety Council course to
avoid going into suspension.
Elder Driving Provisions
License applicants, either for initial licensure in Massachusetts or license renewal, age 75 and older must conduct the transaction in a RMV office. Use of the Internet for license renewals will no longer be allowed for these applicants. All applicants, regardless of age, that obtain or renew a license in a branch office are required to undergo the RMV vision test that is given to all drivers or provide a vision screening certificate from an appropriate health care provider to complete the transaction.
Medical Fitness Reporting
Health care providers and law enforcement may report operators they believe are not physically or mentally capable of safely operating a vehicle due to cognitive of functional impairmentMay request RMV to seek medical evaluation of operator
Requests can’t be based on operator age or solely on diagnosis of condition or impairment-it must be based on the effect either has on the ability to drive safely
Good faith belief of impairment based on-
Personal observation
Physical evidence
Law enforcement investigation
RMV must review report within 30 days of receipt
The RMV must promulgate regulations based on recommendations from the RMV Medical Advisory Board designating cognitive or functional impairments likely to affect an individual’s ability to operate.