BSCES Legislative Fellow—Notes from Beacon Hill

by Sudhir Murthy, PE, PTOE, President, TrafInfo Communications, Inc, 2011–12 BSCES Legislative Fellow

 

On January 10, 2012, the Massachusetts State Legislature’s Joint Committee on Trans-portation held a public hearing on eight house and senate bills that have been referred to the committee. All the bills were related to the use of mobile phones and other devices while operating a vehicle.

 

House Bills H935 and H3086, and Senate Bill S1765 focus on prohibiting the use of cell phone while driving within a school zone. These bills allow for use by emergency personnel while performing their official duties.

 

The remaining bills prohibit the use of a cell phone while driving unless the phone is being used as a hands-free mobile telephone. All the bills exempt emergency personnel from this ban. Some bills allow exemption if a motorist can provide evidence that proves the phone was used for emergency purposes.

 

All bills would impose fines of varying degrees. Some bills would not allow for consideration of violation as moving violations for the purpose of motor vehicle insurance surcharges; however some bills allow for it. All bills prohibit insurance companies from denying insurance to anyone found in violation of the ban.

 

Testimony in support of the restricting to only hands-free use of cell phones while driving was received by the committee at the public hearing. A few members of the committee voiced their opinions. One member was in support of an outright ban of cell phone use while driving; another member suggested that adopting the ban in school zones may be an incremental step; while a third member suggested that the whole issue of distracted driving may need attention.