These new violations include:
1. Use of a Mobile Phone by a Junior Operator
Civil Offense- No insurance surcharge (Reporting an emergency is the only exception. Drivers are encouraged to pull over and stop the vehicle to report the emergency.)
1st offense-$100 assessment 60-day license suspension and attitudinal course
2nd offense-$250 assessment 180-day suspension
3rd or subsequent offense-$500 assessment 1-year suspension
$100 reinstatement fee for any suspension
Knowledge and road test required for reinstatement
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 electronic device to write, send, or read an electronic message including text messages, emails, instant messages or accessing the internet while operating a vehicle. 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 Device does not include any equipment permanently or temporarily installed to provide navigation, emergency assistance or rear seat video entertainment. Law applies even if the vehicle is stopped in traffic.)
1st offense-$100 assessment
2nd offense-$250 assessment
3rd or subsequent offense-$500 assessment
6. Negligent Operation & Injury from Mobile Phone Use Criminal Offense- Insurance surcharge
JOL Suspensions:
1st offense-180-day suspension
2nd or subsequent offense within 3 years-1 year suspension
$100 reinstatement fee
Over-18 suspensions:
1st offense-60-day suspension
2nd or subsequent offense within 3 years-1 year suspension
$100 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. Only 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.
Elder Driving Provisions:
License applicants, either for initial licensure in Massachusetts or license renewal, age 75 and older must conduct the transaction in a RMV office. Use of the Internet for license renewals will no longer be allowed for these applicants. All applicants, regardless of age, that obtain or renew a license in a branch office are required to undergo the RMV vision test that is given to all drivers or provide a vision screening certificate from an appropriate health care provider to complete the transaction.
For more information regarding the Safe Driving Law, please visit the MassDOT website.
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