By Mr. Barrios, a petition (accompanied by bill,
Senate, No. 2030) of Jarrett T. Barrios for legislation
regulating mobile phones for junior operators.
Transportation.
|
By Mr. Barrios, a petition (accompanied by bill,
Senate, No. 2030) of Jarrett T. Barrios for legislation
regulating mobile phones for junior operators.
Transportation.
|
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 8 of chapter 90 of
the General Laws, as appearing in the 2002 Official Edition, is hereby amended
by inserting, in line 83, 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.
