PETITION OF:

SECTION 1. The Commonwealth of Massachusetts Section 13 of chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:— No person, when operating a motor vehicle, shall permit to be on or in the vehicle or on or about his person anything which may interfere with or impede the proper operation of the vehicle or any equipment by which the vehicle is operated or controlled, except that a person may operate a motor vehicle while using a citizens band radio as long as one hand remains on the steering wheel at all times.

SECTION 2. Said chapter 90, as so appearing, is hereby further amended by inserting after section 13A the following section:—

Section 13B (a). For the purposes of this section, the following words shall have the following meanings unless the context clearly requires otherwise:

“Hands-free accessory” means an attachment, add-on, built-in feature, or addition to a mobile telephone, whether or not permanently installed in a motor vehicle, that, when used, allows the vehicle operator to maintain both hands on the steering wheel.

“Hands-free mobile telephone” means a hand-held mobile telephone that has an internal feature or function, or that is equipped with an attachment or addition, 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 function of such telephone.

“Engage in a call” means talking into or listening on a hand-held mobile telephone, but does not include holding a hand-held mobile telephone to activate, deactivate or initiate a function of such telephone.

“Immediate proximity” means the distance that permits the operator of a hand-held mobile telephone to hear telecommunications transmitted over such hand-held mobile telephone, but does not require physical contact with such operator’s ear.

“Mobile telephone”, a cellular, analog, wireless or digital telephone capable of sending or receiving telephone communications without an access line for service.

“Using” or “use” means holding a hand-held mobile telephone to, or in the immediate proximity of, the user’s ear.

“Wireless carrier”, all commercial mobile radio services, as that term is defined in 47 U.S.C. section 332(d).

(b) No person shall use a mobile telephone to engage in a call while operating a motor vehicle on a public street or way unless such mobile telephone is equipped and used with hands-free technology.

(c)An operator of a motor vehicle who holds a hand-held mobile telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion is presumed to be engaging in a call within the meaning of this section. The presumption established by this subdivision is rebuttable by evidence tending to show that the operator was not engaging in a call.

(d) The provisions of this section shall not be construed as authorizing the seizure or forfeiture of a hand-held mobile telephone, unless otherwise provided by law.

(e) Subdivision (b) of this section does not apply to following regarding an emergency situation: An emergency response operator; a hospital, physician’s office or health clinic; an ambulance company; a fire department; or a police department; or any of the following persons while in the performance of his or her official duties and within the scope of his or her employment: a peace officer, a firefighter or an operator of an ambulance or authorized emergency vehicle, or the use of a hands-free mobile telephone.

SECTION 3. (a) No person shall use a hand-held mobile telephone or other electronic device, including those with hands-free accessories, while operating a moving school bus that is carrying passengers, except that this section does not apply to (1) a school bus driver who places an emergency call to school officials, or (2) the use of a hand-held mobile telephone.

(b) No person who holds a learner’s permit or any holder of a motor vehicle license shall use any hand-held mobile telephone, including one with a hands-free accessory, while operating a moving motor vehicle on a public street or way except as provided in Subdivision (e) of Section 2 of this act.

SECTION 4. Any person who violates section 2 of this act shall be fined not more than one hundred dollars, except that the fine shall be suspended for a first time violator who provides proof of acquisition of a hands-free accessory subsequent to the violation but prior to the imposition of a fine.

SECTION 5. Any person who violates section 3 of this act shall be fined not more than one hundred dollars.

SECTION 6. Except as provided in Sections 2 and 3 of this act, no person shall engage in any activity not related to the actual operation of a motor vehicle in a manner that interferes with the safe operation of such vehicle on any public street or way.

SECTION 7. An operator of a motor vehicle who commits a moving violation while engaged in any activity prohibited under section 6 of this act shall be fined one hundred dollars in addition to any penalty or fine imposed for the moving violation.

SECTION 8. Any law enforcement officer shall issue a summons for a violation of any section of this act shall record, on any summons form issued in connection with the matter, the specific nature of any distracted driving behavior observed by such officer that contributed to the issuance of such summons.