Only hands-free devices allowed

BOSTON – State Representative Geraldo Alicea joined his colleagues in the Massachusetts House of Representatives in passing driving safety legislation that prohibits all drivers from using their cell phones without a hands-free device, bans texting while driving and requires vision testing for drivers over the age of seventy-five to retain their license every five years. 

“This bill will keep our drivers free of distraction and take needed precautions to identify those at risk of impaired driving. Protecting the safety of our residents is our most important task as elected officials and this bill will do just that” said Speaker Robert A. DeLeo.

“It is clear that the issue of cell phone use while driving has become a major transportation security threat—something that affects us all—and I feel that it is our responsibility as legislators to do what we can to mitigate this threat as much as possible" said Representative Alicea.

In the beginning of the 2009-2010 legislative session, Representative Alicea filed legislation that would explicitly ban junior operators from using cell phones or text messaging devices while driving. Representative Alicea decided to file House Bill 4015—“An Act Prohibiting Junior Operators Use of Cell Phones or Text Messaging Devices While Driving”—after a fatal car accident involving 17-year old Amanda Martin of Southbridge occurred back in October of 2007. According to the authorities who responded to the accident, Amanda was responding to a text message when the car she was driving veered off the road and hit a tree.

“The entire community was affected by this terrible tragedy, and it was a major reason why I felt compelled to file the bill in the first place” said Representative Alicea. “Amanda’s family was very supportive of the proposal when I decided to file it.”

Alicea’s proposal to ban junior operators from using cell phones was included in the original bill before the House, but House lawmakers voted to broaden that ban to all Massachusetts motorists, instead of just junior operators, through an amendment to the bill. The final bill that passed the House represents a consolidation of a number of proposals, including Alicea’s, to increase safe driving habits throughout the Commonwealth. 

“What the House accomplished today was moving forward a comprehensive bill to promote safe driving,” said Rep. Joseph Wagner, House Chairman of the Joint Committee on Transportation. 

The bill dictates that applicants for license renewal that are over the age of seventy-five must renew their licenses in person at a Registry of Motor Vehicles (RMV) branch office. The bill also requires all applicants for license or renewal who appear at an RMV branch office to undergo and pass a vision test before receiving their license, regardless of age.

The legislation allows health care providers to report to the Registrar of Motor Vehicles any patient that has a cognitive or functional impairment that is reasonably believed to be capable of affecting the patient’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.

Additionally, the bill bans operators of school busses and operators of vehicles used in public transportation from using cell phones or hands-free devices. Public transportation entities affected by this include the Massachusetts Bay Transportation Authority, Massachusetts Department of Transportation, any Regional Transit Authority and private transportation companies.

In an effort to increase awareness of the risks of impaired driving, the bill also 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.

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