State Driving Law Legislation

Massachusetts House Bill 4466 has made it through the House and now moves on to the Senate.

If the bill makes it through the  Senate and is signed into law by the Governor, it would prohibit text messaging and using a cell phone while operating a motor vehicle.

Licensed Drivers over the age of 18 would be allowed to use a “Hands Free Device” with voice activated options.

Listed below are some excerpts from House Bill 4466, keep in mind that there may be changes in the bill as the legislative process continues.

To read the entire bill please go to >> Massachusetts House Bill 4466

“Electronic message”, a self-contained piece of digital communication that is designed or
intended to be transmitted between mobile electronic devices; provided, however, that the term
electronic message shall include, but shall not be limited to, electronic mail, a text message, an
instant message, a command or request to access an internet site or any message that includes a
keystroke entry sent between mobile electronic devices.

“Hands-free mobile telephone”, a hand-held mobile telephone that has an internal feature or
function, or that is equipped with a hands-free accessory, whether or not permanently part of
such hand-held mobile telephone, by which a user engages in a call without the use of either
hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a
telephone call.

No person holding a junior operator’s license shall use a mobile telephone, a hands-free
mobile telephone or a mobile electronic device while operating a motor vehicle on any public
way. For the purposes of this paragraph, a junior operator shall not be considered to be operating
a motor vehicle if the vehicle is stationary and not located in a part of the roadway intended for
travel.

A junior operator who violates the preceding paragraph shall have his license or permit
suspended for 60 days for a first offense, for 180 days for a second offense and for 1 year for a
third or subsequent offense. The registrar shall impose a $500 reinstatement fee upon a junior
operator who seeks to have his license reinstated following a suspension under the preceding
paragraph.

No operator of a motor vehicle shall use a mobile telephone, mobile electronic
device or other device capable of accessing the internet to compose, send or read an electronic
message while operating such vehicle. 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 roadway intended for travel.

(b) Whoever violates this section shall be punished 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. A violation
of this section shall be considered a moving violation for purposes of the safe driver insurance
plan under section 113B of chapter 175.