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The “Safe Driver Law”
Massachusetts
General Laws Chapter 90 §8M
Relevant sections and
provisions
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The “Safe Driver Law”
Massachusetts
General Laws Chapter 90 §8M
Relevant sections
and provisions
From the
The Safe Driving
Law became effective in Massachusetts
on September 30, 2010. The law creates a series of new violations, which the
RMV Division, MassDOT IT staff and the Merit Rating
Board are working to program and implement.
These new
violations include:
Chapter 90 §8M- Use
of a Mobile Phone or Mobile Electronic Device by a Junior Operator
Civil Offense- No Surcharge
(Mobile electronic device includes mobile telephone, text messaging device,
paging device, PDA, laptop computer, electronic equipment capable of playing
video games or video disks or can take/transmit digital photographs or can
receive a television broadcast. Mobile electronic device does not include any
equipment permanently or temporarily installed to provide navigation,
emergency assistance or rear seat video entertainment. Reporting an emergency
is the only exception. Drivers are encouraged to pull over and stop the
vehicle to report the emergency.)
- 1st offense-$100, 60 day
license suspension & attitudinal course
- 2nd offense-$250, 180 day
suspension
- 3rd or subs offense-$500,
1 year suspension
Improper Use of a
Mobile Phone by Operators 18 and Over
Civil Offense-No insurance surcharge (One hand must be on the steering
wheel at all times and no use of device can interfere with driving)
- 1st offense-$35 assessment
- 2nd offense in 12
months-$75 assessment
- 3rd offense in 12
months-$150 assessment
Sending/Reading
Text Messages
Civil Offense-No insurance surcharge (Operators cannot use any mobile
telephone or handheld device capable of accessing the Internet to write,
send, or read an electronic message including text messages, emails, and
instant messages or to access the Internet while operating a vehicle. Law
applies even if the vehicle is stopped in traffic.)
- 1st offense-$100
- 2nd offense-$250
- 3rd or subs offense-$500
Negligent Operation
& Injury from Mobile
Phone Use
Criminal Offense- Insurance surcharge
Junior Operator License (JOL) Suspensions
- 1st offense-180-day
suspension
- 2nd or subsequent offense
within 3 years-1 year suspension
- $500 reinstatement fee
Over-18 suspensions
- 1st offense-60-day
suspension
- 2nd or subsequent offense
within 3 years-1 year suspension
- $500 reinstatement fee
Additional
Suspensions
The law repeals the current suspension for 5-surchargeable incidents in a
3-year period and replaces it with a new suspension for 3 surchargeable
incidents in 2 years. Violations with an incident date on or after 9/30/2010
can be factored into the new suspension calculation. However, older
violations will still be considered a basis for operators that accrue 7
surchargeable incidents. Similar to the current suspension process for 5
surchargeable incidents, operators will have 90 days from the suspension
notice to complete a National Safety Council course to avoid going into
suspension.
EXAMPLE: An operator receives a
citation on October 1, 2010 and is cited for 3 offenses on the ticket:
speeding, failure to yield, and a marked lane violation. Under the new law,
this driver will receive a notice that they must complete the NSC course in
90 days or have his/her license suspended until completion of the class.
Medical Fitness
Reporting
Health care providers and law enforcement may report operators they believe
are not physically or mentally capable of safely operating a vehicle due to
cognitive of functional impairment
- May request RMV to seek
medical evaluation of operator
- Requests can’t be based on
operator age or solely on diagnosis of condition or impairment-it must
be based on the effect either has on the ability to drive safely
- Good faith belief of
impairment based on-
- Personal observation
- Physical evidence
- Law enforcement
investigation
- RMV must review report
within 30 days of receipt
The RMV must
promulgate regulations based on recommendations from the RMV Medical Advisory
Board designating cognitive or functional impairments likely to affect an individual’s
ability to operate.
Public Awareness
Campaign
The law requires the RMV to work with Executive Office of Public Safety and
Security - Highway Safety Division to implement a public awareness campaign
for junior operators and adults. Campaign must start by January 1, 2011.
The campaign is to
include, but not be limited to:
- Dangers and consequences
of distracted driving
- Information on
restrictions of cell phones and electronic devices while driving
- Information on fines and
punishments
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