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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.

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