By Mr. Tisei, a petition (accompanied by bill, Senate,
No. 2109) of Richard R. Tisei, Bruce E. Tarr, Michael R.
Knapik, Robert L. Hedlund and other members of the General
Court for legislation to prohibit cellphone use by teens
while driving. Transportation.
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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 after the fifth paragraph the following paragraph:-
A person
under eighteen years of age 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 his or her driver’s license for not more than one year and fine of not more
than $100. It shall be an affirmative defense for a person under the age of
eighteen 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.
