# Deal Reached To Ban Texting While Driving



## kwflatbed (Dec 29, 2004)

Now lets see if it passes.









(file image)
WBZ

Members of a conference committee on Tuesday afternoon outlined the specifics of so-called safe driving legislation that could soon emerge for final votes in the House and Senate.

The bill has implications for all Massachusetts motorists.

According to a summary, the compromise bill:

-- Bans all operators of motor vehicles, including law enforcement, from text messaging while driving, with fines of $100 for the first offense, $250 for the second offense and $500 for subsequent offensers;

-- Exempts the use of mobile devices while driving for defined emergency purposes;

-- Makes texting while driving a primary offense, meaning police can pull over motorists they believe are texting while driving. The offenses would not be surchargeable for insurance purposes.

Deal Reached To Ban Texting While Driving - wbztv.com


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## Hush (Feb 1, 2009)

Pretty ridiculous, and how are they going to make that primary enforcement without searching the phone records (_texting _vs dialing) If they really want to make the roads safer, they will ban DWA.:smug:


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## jedediah1 (Jun 18, 2009)

first offense, smashed phone
second offense, smashed pelvis
third offense, i doubt it


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## BRION24 (Sep 19, 2008)

I love how they have to put *Including Law Enforcement* in the wording like we don't have to follow the laws of the road anyway.


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## PemC (Jun 23, 2010)

View attachment 1427


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## SinePari (Aug 15, 2004)

Hush said:


> Pretty ridiculous, and how are they going to make that primary enforcement without searching the phone records (_texting _vs dialing)


I can see it now. Scrolling through someone's texts because he/she t-boned some poor lad in an intersection, only to find messages and pics that incriminate them in some other activity...just to get tossed out in court.



mtc said:


> Plus - why'd they have to "come up with a DEAL"? Where was the give and take?


There is language that bans using any device by anyone under 18, and requires eye testing for everyone over 75. Apparently that's the legislature's, "hey look, we did something about teens and elderly drivers" don't blame us crap. Pfffft.


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## EnforceOfficer (Jun 1, 2010)

Here in Ontario, no one can use their phone at all while driving, except:

1)Police/Conservation Officers/Border Officers and Fire/Ambulance

2)Dialing 911 to report emergencies

No one can operated a mobile data terminal in their vehicles while driving except

1) Police, Conservation, Border Services Officers/Transport, Municipal Bylaw, Environmental, Revenue, Fire Regulation or Labour Ministry Enforcement Officers

2)Public Works crew...

3) Some other minor exceptions


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## Bsafe (Aug 30, 2007)

So if your hands are not at 10 and 2 and you look down you get stopped ?


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## Guest (Jun 24, 2010)

Bsafe said:


> So if your hands are not at 10 and 2 and you look down you get stopped ?


That's only for minorities.........


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## kwflatbed (Dec 29, 2004)

*Changes to driving laws OK'd by House*

By John R. Ellement

Globe Staff / June 24, 2010

The House voted 150-1 yesterday to approve changes to state driving laws that ban texting while driving and allow doctors to alert the state that a patient might be a dangerous driver, among other provisions.
Prior to the vote, Republican Donald F. Humason Jr. of Westfield said from the floor that the ban on texting while driving was designed to prevent people from acting foolishly on the roads.
"It's stupid for you to text while you drive,'' said Humason, who added he drives on the Massachusetts Turnpike almost daily. "It's stupid for people to do a lot of things that we see people in their cars do. . . . I've seen some people do some crazy things.''

The proposal now moves to the Senate. Earlier yesterday, with the bill pending, Senate President Therese Murray conferred with several senators who agreed to handle the measure during a session today.

At issue, said Steven Baddour, Senate Transportation Committee chairman, was a commitment made by senators to colleague Sonia Chang-Diaz to address separate legislation related to racial profiling that the Boston Democrat had originally filed as an amendment to the safe driving bill.

If the Senate approves the bill, the measure will head to Governor Deval Patrick's desk.

Changes to driving laws OK'd by House - The Boston Globe


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## BRION24 (Sep 19, 2008)

SniperGAF said:


> That's only for minorities.........


 Thats so wrong yet so funny!!:teeth_smile:


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## OfficerObie59 (Sep 14, 2007)

Other than the virtual inaction on elderly driving, I think the bill is pretty good. I was worried the bill would be overreaching and would end up banning MDT and teletype communications, but the legislature didn't go quite so far.

Complete Bill:
http://www.mass.gov/legis/bills/house/186/ht04pdf/ht04795.pdf

Texting law:


> *SECTION 9. *Said chapter 90 is hereby further amended by inserting after section 13A the 102 following section:-
> Section 13B. (a) No operator of a motor vehicle shall use a mobile telephone, or any handheld device capable of accessing the internet, to manually compose, send or read an electronic message while operating a motor vehicle. For the purposes of this section, an operator shall not be considered to be operating a motor vehicle if the vehicle is stationary and not located in a part of the public way intended for travel.
> 
> (b) A violation of this section shall be punishable by a fine of $100 for a first offense, by a fine of $250 for a second offense and by a fine of $500 for a third or subsequent offense.
> ...


This bill also appears to amend 90/24 to state that if anyone has an accident while texting, or using a cell phone as a JOL, they are automatically negligently operating to endanger. That change unfortunately relies on an edition of MGL's with line numbers I don't have access to, so someone would have to confirm that.


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## Hush (Feb 1, 2009)

How are you going to prove that I was texting, without searching my phone?!? This makes no sense. So when you get a citation, you have to subpoena and bring in your phone records, after paying the new appeal fee, to challenge these citations? Texting, no I was just dialing.....
Come on MA, stay out of my pockets!


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## SinePari (Aug 15, 2004)

Jeezus. You can already cite people for texting, yakking, dog on the lap, putting on lipstick, reading the paper, punching the clown or whatever under 90-13.


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## justanotherparatrooper (Aug 27, 2006)

SinePari said:


> Jeezus. You can already cite people for texting, yakking, *dog on the lap, putting on lipstick*, reading the paper,* punching the clown or* whatever under 90-13.


 Screamin eagle better be more careful then:teeth_smile:


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## kwflatbed (Dec 29, 2004)

*O'Mahoney's world: Texting and driving*


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## kwflatbed (Dec 29, 2004)

*Texting While Driving Ban Starts In October*

Gov. Deval Patrick has signed a bill that bans texting while driving and requires older drivers to get vision tests every five years when they renew their licenses.

The governor signed the bill Friday afternoon in his office.

It takes effect in October.

Those caught texting and driving face fines ranging from $100 for a first offense up to $500 for repeaters.

Police will be able to pull over and fine anyone they see texting.

The new law also prohibits scanning the Internet on a phone or mobile device while driving.

Texting While Driving Ban Starts In October - wbztv.com


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## Hush (Feb 1, 2009)




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## cc3915 (Mar 26, 2004)

Good luck to all of you in enforcing this new law. Unless there's a crash involved, I can't see the courts finding many people responsible. Can you still dial your phone while driving?


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## justanotherparatrooper (Aug 27, 2006)

In NH you have to have a vision test every time you renew your license...no matter what age you are.


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## cc3915 (Mar 26, 2004)

*Texting ban nearly 'unenforceable'*

The Bay State's highly touted texting-while-driving ban is all but unenforceable and could even violate motorists' privacy rights, civil libertarians and defense lawyers told the Herald yesterday.

"Texting while driving is really dumb, but this is as as close to an unenforceable law as you'll see, unless I'm missing something," said Robert George, a Boston defense lawyer. "It's just as unfair to the police as the person charged to ask them to enforce it."

George said the law - which went into effect Sept. 30 and allows cops to slap drivers with $100 fines for sending or reading text messages behind the wheel - relies too much on police spotting fast-moving offenders from far away.

Texting ban nearly "unenforceable" - BostonHerald.com


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