By Mr. Calter of Kingston, petition (accompanied by bill, House, No. 3445) of Thomas J. Calter for legislation to prohibit the use of a cellular telephone by junior operators while driving.  Transportation.

The Commonwealth of Massachusetts

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PETITION OF:

Thomas J. Calter

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In the Year Two Thousand and Seven.

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An Act relative to junior operators.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

   Section 8 of chapter 90 of the General Laws, as appearing in the 2000 Official Edition, is hereby amended by inserting after the third paragraph the following paragraph:—
   A person holding a junior operator’s license shall not use a mobile telephone while  driving. For the purposes of this section, a “mobile telephone” shall include, but not be limited to, a mobile telephone utilizing cellular, analog, satellite, wireless or digital telephone technology, and capable of sending or receiving telephone communications. A violation of this section shall be punishable by a suspension of a junior operator’s license for not more than 1 year and fine of not more than $100. It shall be an affirmative defense for a junior operator to produce documentary or other evidence that the telephone call that is the basis of the alleged violation was made for the sole purpose of seeking emergency assistance. A violation of this paragraph shall not be considered as a conviction of a moving violation of the motor vehicle laws for the purpose of determining surcharges on motor vehicle premiums pursuant to section 113 of chapter 175. An insurance company doing business in the commonwealth shall not deny an individual the right to purchase a motor vehicle liability policy based on a violation of this paragraph.