MassDOT Reminder: Safe Driving Law

The Safe Driving Law became effective in Massachusetts on September 30, 2010. The law creates a series of new violations.   A summary of the violations is available after the break.

1. Ch 90/8M- Use of a Mobile Phone or Mobile Electronic Device by a Junior Operator

Civil Offense- No Surcharge

(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.)

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

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 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.)

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.

EXAMPLE: An operator receives a citation on October 1, 2010 and is cited for 3 offenses on the ticket: speeding, failure to yield, and a marked lane violation.Under the new law, this driver will receive a notice that they must complete the NSC course in 90 days or have his/her license suspended until completion of the class.

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 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-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.

Comments

[al papianou]

I'm still unsure about the MA law. If we cannot move over to another lane, are we required to slow down to 20mph under the speed limit? This is not mentioned in the info given.

Uncl' Al
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Legal summary, Law Library: http://lawlib.state.ma.us/subject/about/traffic.html

[Lyla Burns]

Thank you for this information. These types of laws are so very important, especially in today's society. I ended up signing up for a defensive driving texas because drivers were so crazy. http://www.247texasdriversafety.com/ Most of the one's I was really concerned about were on their phones, go figure.

[safe@wny-defensivedriving.com]

Just stumnbled on your blog. You sure did a great job writing your article. Although I live in New York, I still found it loaded qith quality information.

[Benjamin Ecklehart]

I think there should be a law passed banning nose picking, eating and drinking while driving, glove compartments (since there's always a chance someone may be trying to find something while driving), radios (since someone may be distracted trying to change the station.) Headsets of any kind are dangerous since the person may not hear an emergency vehicle approaching. Also, people should be required to wear a neck brace to make sure they're keeping their eyes straight ahead and focused on the road. Elderly drivers cause a majority of car accidents..Why are they allowed to drive without getting their vision checked regularly?

[GG]

Any kind of hand-held cell phone whether the driver is texting or just talking is dangerously distracting. Every time I have to pass through the light in our town's main intersection (Rte 27 and Rte 135, Natick), where there are left-turn signals, as well as regular - there is inevitably someone holding a cellphone while at the wheel, smiling and laughing and chatting, not even looking at the road or the cars around them, as they make a turn and continue to drive with one hand. (You might set up a camera and record some of this.) Any hand-held device of any kind should be banned while driving. GG.

[Robert Matarazzo]

These types of laws are so important in our society and our lawmakers should be commended. Motor vehicle crashes are still the leading cause of death for U.S. teens, accounting for more than one in three deaths in this age group. In 2009, sadly, eight teens ages 16 to 19 died every day from motor vehicle injuries.

[Joshua's Law]

We could save many lives by following the traffic laws, if every one follow the laws by them self this world became a best place to drive.

[NJ defensive driving]

following driving laws keeps you safe from getting ticket. Tin\me to time need to check the driving laws

[Georgia Drivers Ed]

driving laws should be followed and always have safe journey

[Hardship License Florida]

These are really good and helpful laws.Strict ban on usage of cell phones while driving will help to avoid fatal road crashes to some extent.

[John]

I really impressed your blogger.

[truck wheels]

I am glad these laws are in place. most people driving their cars can't handle concentrating on multiple things at once.

[Ben John]

Just wanted to drop a note in that I love the way you have the questions and answers separated like that. It is very easy to read and follow you ma insurance blog.
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Thanks for reading.

[Judy Bearfield]

If you're not a junior operator and have an accident on either a hand held cell phone or hands free, can you still be found guilty for a criminal offense for using the phone. At fault or not. I am confused on this issue.
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yes that is correct...it is negligent operation and applies to both under and over 18 yr old drivers.

[John]

Question what about Ipods that are mounted to the dash to interface with the radio for music are they ok simliar to changing the radio station actually safer because you don't have to take your eyes off the road is this ok?
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MP3 players or mobile devices that play music are not included in the definition.

[Michael C]

Your summary is incorrect. The law does not state that "Operators cannot use any mobile electronic device to write, send, or read an electronic message including . . . accessing the internet while operating a vehicle."

It states, "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 while operating a motor vehicle."

Your summary is unclear about whether, for example, a mobile telephone with GPS capabilities can access Google Maps for navigation. Since such use does not involve composing, sending, or reading an electronic message, the actual law language makes it clear that such use is legal.

You're being unnecessarily confusing about this.

The actual legislation can be found here:

http://www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter155
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Thanks. The summary had been changed. Visit www.mass.gov/rmv for the latest information.

[Phil]

I'm still trying to understand a question you answered above:

>Is this correct? I am most confused about the use of a mobile device for navigation, as I sometimes use the "Maps" GPS application on my iPhone for directions.
>===========================================
>The law allows GPS use in this language: " any audio equipment or any equipment installed, or affixed temporarily or permanently, in a motor vehicle for the purpose of providing navigation..." that is the language in the law relative to permissible navigation tools.

Can I use the Maps application on my iPhone if I am holding the phone? There is nothing I see in the law that says I can't, but the GPS language you quote does not expressly allow for either.
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According to training guidelines developed by the Municipal Police Training Council, if a mobile device is installed or affixed temporarily or permanently to provide navigational service, it is exempt. The phone would have to be affixed and set for the maps application.

[Eric]

Is it me.. or did the leg. forget to include a "law enforcement members are exempt" portion in the bill??

[Julie]

Just to clarify: I am a 29 year old. I can talk on my cell phone while driving, as long as I am not distracted and keep one hand on the wheel. I can also use the GPS application through my phone for navigation means while driving, as long as I keep one hand on the wheel. I can NOT use my cell phone for any of the following reasons while driving : texting, reading emails, browsing the internet.

Is this correct? I am most confused about the use of a mobile device for navigation, as I sometimes use the "Maps" GPS application on my iPhone for directions.
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The law allows GPS use in this language: " any audio equipment or any equipment installed, or affixed temporarily or permanently, in a motor vehicle for the purpose of providing navigation..." that is the language in the law relative to permissible navigation tools.

[MFP]

Can a mobile device be used to text while stopped completely at a red traffic light while waiting for green light??
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Texting while driving is not allowed in the roadway, even while stopped. Drivers would need to pull off the roadway safely before texting.

[Amanda]

Is my 17 yr old permitted to use the GPS function of his cell phone, or a regular GPS device?
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If driving with a Junior Operator License, this is prohibited: 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.

A junior operator with GPS on a cell should use it before driving or while pulled off the roadway.

[Claudia - Inversiones Rentables]

Good, it's nice to know that there is people who take care of us. It's very dangerous use a telephone while driving, that's why there are so many accidents

[Brad]

May a vehicle operator compose an electronic message using the device's speech-to-text functionality provided one hand remains on the wheel at all time?
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Yes, so long as an operator doesn't have to hold a mobile device, or take their eyes off the road and one hand remains on the wheel at all time to utilize this function.

[John MacDonald]

So even if I'm using a totally hands free system (with voice recognition etc, so I don't even have to take my hands off the wheel to dial) integrated with bluetooth through the factory stereo , both hands are on the wheel, someone runs a red light, I hit them because there is no way to avoid them, they get injured, and their vehicle damaged, this law is going to still apply " Negligent Operation & Injury from Mobile Phone Use, Criminal Offense- Insurance surcharge, and a 60 day suspension first offense" and a $500.00 reinstatement fee? I totally agree with the "no texting" law, but this one does not seem justified in my opinion if someone is using a hands free device.
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The law for junior operators only is no cell phones, handsfree or otherwise. A first offense is $100, loss of license for 60 days and a requirement to take a driver retraining course.

[CGrimm]

I think a big grey area here is really what constitutes the "criminal offense" that is incurred when an accident occurs. Does that really include ANY use of cell phone even with hand-free units? Because technically, talking with a hands free unit is no different than talking with a passenger.

I believe fiddling with a phone and holding it up your ear is different than hands-free conversation that happens to be over a cell phone.
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The law for junior operators is no cell phones, handsfree or otherwise. A first offense is $100, loss of license for 60 days and a requirement to take a driver retraining course. This is requirement that the legislator determined. It carries the same zero-tolerant punishment as do the JOL laws that were passed in 2007 and appear to be working to change dangerous driving behaviors.

[Kirsten]

So...Is it illegal to talk on the phone while driving? Even using either speaker phone or not? I read it as just tx messages. What is exactly the law?
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From the Law: Junior Operators Only: Use of a Mobile Phone by a Junior Operator, Civil Offense

Adult License Operators: Mobile Phone Use Legal but One hand must be on the steering wheel at all times and no use of device can interfere with driving.

All operators, Texting: 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.

[S.Williams]

This is a great idea - I hope this is thoroughly enforced, coming from NYC and DC area where usage is banned, I can tell people are paying more attention to the road. I can always tell MA drivers when on the phone because they are the ones weaving in between lanes. Although using a headset sometimes doesn't help the driver because they are still preoccupied with the call and can't concentrate on driving.

[John Oneil]

If I use a cell phone while driving the car and have cell phone on seat. If I'm wearing a head set with a mike.
( which would free up two hands ) Is that legal???
Thanks
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Improper Use of a Mobile Phone by Operators 18 and Over- Civil Offense- One hand must be on the steering wheel at all times and no use of device can interfere with driving

[Kevin]

If a driver pulls over to use thier phone they should not be charged JOL or otherwise. Drivers will be jumping out of their cars to use their phone, and creating even more dangerous situations. This should be looked at in depth.
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. If the driver pulls over off the roadway or in a parking space or lot to use the cellphone they will not be ticketed.

[Norman Reynolds]

All of this makes sense to me. I am a retired over-the-road trucker, I wish they did this many years ago. I hope this is enforced. This is just a start, but a move in the right direction.

[farooq]

I would like to know that if u recieved a call while driving and the driver pull over and park the car can he use the cell phone or not ?or this is also a offence?
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Only 16 and 17 yr old drivers will be banned from using a cell phone when the new law takes effect Sept 30. If the driver pulls over off the roadway or in a parking space or lot to use the cellphone they will not be ticketed.

[Tom Sullivan]

Enforement is required to make this work. An insurance surcharge would make people think. CT drivers ignore their law constatnly.

[Myron Schiffer]

My license expires on 11/10/10, my 81st birthday. I'll be
recovering from total hip replacement surgery, and will not be
able to drive to a nearby RMV for several weeks. Is there any way
of faxing my latest eye exam (either optometrist or opthalmologist) in lieu of an in-person eye exam?

I'll have all kinds of physicians studying me before the operation the last week in October. Can I renew my license my
email initially, and then come in for a late renewal when I'm
certified to drive?
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RMV will assist you, thanks Myron.

Please advise.

[Ari Herzog]

If a GPS device is temporarily installed on the dashboard by means of a suction cup, would its use be allowed?

What about cell phones plugged into a car's cigarette lighter? Would that not also be a temporary installation?
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Temporary and permanently installed electronic devices that provide navigation, are the exception to the texting ban. These questions are also covered in the summary that's now posted on our website.

[Doug Kuhlmann]

If someone 74 applies for a renewal license online, will the new license be good for 5 years? (Not there yet, but just wondering.)
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All license renewals no matter what the age are for 5 yrs. Drivers who turn 75 and older beginning Sept 30 will be required to renew in a branch every renewal period.

[M Buhtz]

Regarding
4. Improper Use of a Mobile Phone by Operators 18 and Over

Does this prohibit hands-free devices as well? Thanks.
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Drivers my use a mobile phone or 2-way radio to speak on the phone, as long as one hand remains on the wheel at all times.

[Steve in Tyngsborough]

What constitutes "improper use of a mobile phone?"

Can you be more specific?
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The law prohibits persons from using anything which may interfere with or impede the proper operation of a vehicle. Drivers are prohibited from using a mobile phone or other hand held device capable of accessing the Internet to manually compose, send or read an electronic message while operating a motor vehicle even while stopped at a red light.

[Donna M. McKenna]

I'd like to know what would be considered improper use of a mobile phone and why it is only surchargeable for those over 18:
Improper Use of a Mobile Phone by Operators 18 and Over, Civil Assessment- Surchargeable Offense

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

I'd also like to know what is considered Negligent Operator & Injury from Mobile Phone Use.

I did not see anything in the statute wording that indicated there were any cell phone-related incidents that would be surchargeable.

[MJ]

Can you define what "Improper use of a mobile phone" is? I've been unable as of yet to find the final version of this bill online, so I don't want to trust what 2009 versions say, plus they don't have any mention of such a clause.

[Jackson J]

does this count if the car's not in motion?
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If on a roadway, YES.