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Reminder: Safe Driving Law In Effect

Governor Deval Patrick in July signed legislation that bans text-messaging for all Massachusetts drivers, prohibits junior operators from using cell phones and institutes new license renewal procedures for mature drivers, among other provisions.

The Safe Driving Law becomes effective in Massachusetts on September 30, 2010. The law creates a series of new violations, which the RMV Division, MassDOT IT staff and the Merit Rating Board are working to program and implement.  Details are available after the break.

These new violations include:

1.     Use of a Mobile Phone by a Junior Operator, Civil Offense- No insurance surcharge

Reporting an emergency is the only exception. Drivers are encouraged to pull over and stop the vehicle to report the emergency.

• 1st offense-$100 assessment, 60-day license suspension and attitudinal course
• 2nd offense-$250 assessment, 180-day suspension
• 3rd or subsequent offense-$500 assessment, 1-year suspension
• $100 reinstatement fee for any suspension
• Knowledge and road test required for reinstatement

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, Civil Offense-No insurance surcharge

One hand must be on the steering wheel at all times and no use of device can interfere with driving.

• 1st offense-$35 assessment
• 2nd offense in 12 months-$75 assessment
• 3rd offense in 12 months-$150 assessment

5.     Sending/Reading Text Messages, Civil Offense-No insurance surcharge

Operators cannot use any mobile electronic device to write, send, or read an electronic message including text messages, emails, instant messages or accessing the internet while operating a vehicle. 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 Device does not include any equipment permanently or temporarily installed to provide navigation, emergency assistance or rear seat video entertainment. Law applies even if the vehicle is stopped in traffic.

• 1st offense-$100 assessment
• 2nd offense-$250 assessment
• 3rd or subsequent offense-$500 assessment

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

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 a vision test or provide a vision screening certificate to complete the transaction.

Medical Fitness Reporting

Health care providers and law enforcement may report operators believed not to be physically or mentally capable of safely operating due to cognitive or functional impairment

• May request RMV to seek medical evaluation of operator
• Requests can’t be based on operator age or solely on diagnosis of condition or impairment-must be on the effect either has on ability to drive
• Good faith belief of impairment based on-
  • Personal observation
  • Physical evidence
  • Law enforcement investigation

From:  Mass.gov