House Passes Impaired Driving Legislation

State Representative Cory Atkins (D-Concord) joined her colleagues in the Massachusetts House of Representatives in passing legislation that prohibits texting while driving, disallows cell phone use unless the driver uses a hands-free device, disallows all cell phone use for junior drivers, and requires vision testing every five years beginning at a driver’s seventy-fifth birthday.

“The practical alternative to holding a cell phone while driving is using a hands-free device,” said Representative Atkins. “I am so delighted that we broadened the original bill by banning the use of handheld cell phones by all Massachusetts drivers, not just junior drivers. This bill mirrors a piece of legislation I filed at the request of voters from Concord Town Meeting in 2007. It will help to create safer roads and clearer enforceability.” Violators of the handheld cell phone ban or the text messaging ban would face a $100 fine for a first offense, a $250 fine for a second offense and a $500 fine for any subsequent offense.The bill requires that applicants for license renewal who are over the age of seventy-five renew their license in person at a Registry of Motor Vehicles (RMV) branch office. All applicants for license or renewal who appear at an RMV branch office are required to pass a vision test before receiving their license, regardless of age.

The legislation also allows health care providers to report to the Registrar of Motor Vehicles any person that has a cognitive or functional impairment that is reasonably believed to be capable of affecting the person’s ability to safely operate a motor vehicle. The health care provider would be immune from civil liability that might otherwise result from making, or failing to make, a report.

Moreover, the bill bans drivers of school buses and of vehicles used in public transportation from using cell phones or hands-free devices. Transportation entities affected by this include the Massachusetts Bay Transportation Authority, the Massachusetts Department of Transportation, regional transit authorities, and private transportation companies.

In an effort to increase awareness of the risks of impaired driving, the bill requires the Registrar of Motor Vehicles to develop and implement a public awareness campaign for drivers across the Commonwealth. The campaign will cover the dangers and consequences of distracted driving, include information on restrictions of cell phone use while driving, and provide notice of fines and punishments for violations.