Text and Drive Law in Massachusetts

The Safe Driving Law becomes 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:

1. Ch 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
  

2. Use of a Mobile Phone by a Public Transport Motor Vehicle Operator Civil Offense-No insurance surcharge

• $500 assessment each offense

3. Use of a Mobile Phone by a Public Transport Non-Motor Vehicle Operator Civil Offense-No insurance surcharge (MBTA Trolley)

• $500 assessment each violation

4. 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

5. 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
  

6. Negligent Operation & Injury from Mobile Phone Use
Criminal Offense- Insurance surcharge

JOL Suspensions:

1. 1st offense-180-day suspension



2. 2nd or subsequent offense within 3 years-1 year suspension



3. $500 reinstatement fee

Over-18 suspensions

1. 1st offense-60-day suspension



2. 2nd or subsequent offense within 3 years-1 year suspension



3. $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.