Many constituents have expressed interest in the safe driving legislation. Representative Brownsberger has asked me to compile some analysis of the two drafts (House 4475 and Senate 2290) that are being negotiated in the House-Senate conference committee.
The conference committee does not have a schedule for when the bill will be finished, but they do wish to have it completed by the time the House goes to recess at the end of July.
Immediately below, see a summary of the parts of each bill pertaining to 75+ age group. Further below see a section-by-section analysis.
House 4475:
-People 75+ must report to the registrar in person to apply for or renew a license.
– A vision test is required for people who come to the registrar in person to renew/apply for a license
-health care providers may report people 16+ who they believe have cognitive or functional impairments that could affect their ability to drive
-these reports may be appealed
Senate 2290:
-people 75+ renewing or applying for a license shall pass an examination (to be developed by the registrar)
-people 75+ must pass this examination every 36 months
– If a person 75+ fails this examination, he/she may petition to take a road test to demonstrate his/her driving skills
– health care providers and law enforcement officers may report someone if they believe that the person in question is not physically or mentally capable of safely operating a vehicle
-a revoked license due to failure of an examination or health report may be appealed
| Section | House 4475 | Senate 2290 |
| 1 | “Section 1 of chapter 90 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by inserting after the definition of “Department” the following definition: “Electronic message”, a self-contained piece of digital communication that is designed or intended to be transmitted between mobile electronic devices; provided, however, that the term electronic message shall include, but not be limited to, electronic mail, a text message, an instant message, a command or request to access an internet site or any message that includes a keystroke entry sent between mobile electronic devices.” |
Same |
| 2 | “Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Gross vehicle weight rating” the following definition: “Hands-free mobile telephone”, a hand-held mobile telephone that has an internal feature or function, or that is equipped with a hands-free accessory, whether or not permanently part of such hand-held mobile telephone, by which a user engages in a call without the use of either hand, whether or not the use of either hand is necessary to activate, deactivate or initiate a telephone call.” |
“Said section 1 of said chapter 90, as so appearing, is hereby further amended by inserting after the definition of “Mobile construction crane” the following definition: “Mobile telephone”, a hand-held or portable cellular, analog, wireless, satellite or digital telephone, including a telephone with two way radio functionality, capable of sending or receiving telephone communications and with which a user initiates, terminates or engages in a call using at least one hand.” |
| 3 | Inserted definitions. of “Mobile electronic device” (“any hand-held or portable electronic equipment capable of providing data communication between 2 or more persons including, without limitation, a mobile telephone, a text messaging device, a paging device, a personal digital assistant, a laptop computer, electronic equipment that is capable of playing a video game or digital video disk or 21 equipment on which digital photographs are taken or transmitted, or any combination thereof, or equipment that is capable of visually receiving a television broadcast; provided, however, that mobile electronic device shall not include any audio equipment or any equipment installed or affixed, either temporarily or permanently, in a motor vehicle for the purpose of providing navigation or emergency assistance to the operator of such motor vehicle or video entertainment to the passengers in the rear seats of such motor vehicle”) and “mobile telephone” (defn. of “mobile telephone” almost same as in Senate Section 2) | “The second paragraph of section 8 of said chapter 90, as so appearing, is hereby amended by inserting after clause (e) the following clause: No person under 18 years of age shall use a mobile telephone while operating a motor vehicle on any public way…” except for in cases of emergency. -First offense: $100 fine and 180 day suspension -Second offense: $250 and 1 year suspension -Third and subsequent offenses $500 and 1 year suspension |
| 4 | “No person holding a junior operator’s license shall use a mobile telephone, a hands-free mobile telephone or a mobile electronic device while operating a motor vehicle” except in cases of emergency -first offense: 7 day suspension and $100 reinstatement fee -second offense: 30 day suspension and $500 reinstatement fee -third or subsequent offense: 90 day suspension, $500 reinstatement fee -PLUS “A junior operator whose license is suspended pursuant to this paragraph shall not be eligible for license reinstatement until he also completes a program selected by the registrar that encourages attitudinal changes in young drivers who have committed a violation of the motor vehicle laws and until he successfully completes or enrolls in a program to complete a driving test as required by the registrar.” -PLUS additional $50 fee ($25 to Spinal Cord Injury Trust Fund and $25 to general fund) |
“…a license applicant, or applicant for the renewal of a license, age 75 years or older shall pass an examination, to be developed by the registrar in consultation with the medical advisory board established in section 8C. The examination shall assess the ability of an applicant 75 years or older to operate a motor vehicle in a safe manner, including but not limited to the applicant’s cognitive and physical abilities. An applicant for a license renewal shall pass an examination upon the expiration of 36 months from attainment of the age of 75 years, and every 36 months thereafter. The registry shall charge a fee not to exceed $30 for said examination. Before a license is granted pursuant to this subsection, the applicant shall pass an examination as to his qualifications as the registrar shall require? and no license shall be issued until the registrar or his authorized agent is satisfied that the applicant is a proper person to receive it. An applicant age 75 years or older who has failed the examination may petition the registrar for a road test,as prescribed by the registrar, to demonstrate the requisite driving skills necessary for continued licensure. The registrar or registrar’s agent shall grant the petition to conduct a road test? provided, however, that the registrar shall not grant the petition if the registrar determines that the applicant presents a safety risk to the general public. Upon conclusion of the road test, the registrar shall determine whether licensure, or continued licensure, is warranted. Any operator age 75 years or older, whose license to operate a motor vehicle has been suspended or revoked by the registrar pursuant to chapter 90 or section 113B of chapter 175, shall be entitled to appeal said suspension or revocation to the registrar. The registrar shall determine whether the person has demonstrated that he is capable of safely operating a motor vehicle and shall issue findings to support his determinations. The registrar shall develop standards by which this will 61 be determined in consultation with the medical advisory board. Any person aggrieved by a decision of the registrar pursuant to this subsection may appeal pursuant to section 28 of chapter 90.” |
| 5 | “The fourteenth paragraph of said section 8 of said chapter 90, as so appearing, is hereby amended by adding the following sentence:- An applicant for the renewal of a license 75 years of age or older shall apply for a renewal in person at a registry branch office.” | “No operator of a vehicle or vessel used in public transportation, including a train, passenger bus… or state transportation department, shall use a mobile telephone, hands-free mobile telephone or other mobile electronic device while operating such vehicle or vessel. Whoever violates this section shall be punished by a fine of $500” except for in cases of emergency. |
| 6 | “Said section 8 of said chapter 90, as so appearing, is hereby further amended by adding the following paragraph:An applicant for a license or renewal thereof appearing in person at a registry branch shall take and pass a vision test administered by the registry…said applicant may provide a vision screening certificate, signed by an optometrist” | “Chapter 90 of the General Laws is hereby further amended by inserting after section 13A the following section:Section 13B. (a) No operator of a motor vehicle shall use a mobile telephone, or any device capable of accessing the internet, to compose, send, or read an electronic message while operating a motor vehicle.”-First offense: $100
-Second offense: $250 -Third or subsequent offense: $500 *“shall be enforced by law enforcement agencies only when an operator of a motor vehicle has been stopped for a violation of the motor vehicle laws or some other offense” |
| 7 | – Defn. of “health care provider”-Health care providers may report patients 16+with cognitive or functional impairments that the provider reasonably believes will affect the person’s ability to operate a vehicle-Commissioner of public health, with help from registrar and experts, will form a list of impairments that can likely affect a person’s ability to operate a vehicle
-Reports must be formally submitted -Reporter is immune from civil liability if report made in good faith or if did not make a report -All reports are confidential |
-Hearings for people 75+ shall be held within 14 days of the event that prompted the hearing–All medical evidence shall be made public for the hearing only, and any public record of the hearing will have the medical evidence redacted– “…any person, entity or agency present at said hearing that later disseminates said medical evidence without permission from the operator shall be liable to the operator for a sum of not less than $1,000 and not more than $5,000 for each violation under this section”
-Registrar must inform operator of the decision no later than 7 days after hearing |
| 8 | “Said chapter 90 is hereby further amended by inserting after section 12 the following section…”*almost exact same as Senate Section 6 (no public transportation can use mobile phone except in emergencies, $500 fine) | -**almost the same as House Section 7-Inserting following Section 22I after 22H-Defn. of “health care provider”
-health care provider OR law enforcement can make a report to the registrar about an operator – “report shall be based upon personal observation, physical evidence, or, in the case of a law enforcement officer, an investigation, which shall be described in the report.” -health care provider or officer immune to civil liability if report made out of good faith -“Upon receipt of said report, the registrar shall suspend the license of said operator. Not later than 30 days after receipt of said report the registrar shall conduct a review to determine the operator’s capacity for continued licensure to operator a motor vehicle.” -reports are confidential -registrar shall include info about said procedures on its website |
| 9 | “Section 13 of said chapter 90, as appearing in the 2008 Official Edition, is hereby amended by striking out, in line 6, the first time it appears, the word “as” and inserting in place thereof the following words:- , except as provided for in sections 8, 12A and 13B, as.” | “Section 24 of chapter 90, as so appearing, is hereby amended by inserting after the words “motor vehicle”, in line 730, the following words: or whoever while operating a motor vehicle in violation of section 12A or section 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the public might be endangered.” |
| 10 | -Insert Section 13B:-No operator may use a phone, unless it is hands free, it is an public safety officer using it for official duties, or an emergency-First offense: $100
-Second offense: $250 -Third offense: $500 |
Section 113B of Chapter 175 of the General Laws, as appearing in the 2008 Official Edition, is hereby amended by striking out the fourteenth paragraph and inserting in place thereof the following paragraph:Upon receiving notification from the merit rating board that a driver has had 3 surchargeable incidents within the past 24 months, the registrar shall, after a hearing based solely on the accuracy of the merit rating board’s records, require the driver to participate in and complete a driver education program satisfactory to the registrar. If the driver fails to provide to the registrar proof of completion of the driver education program within 90 days after the registrar mails to the driver notice of the requirement, the registrar shall suspend the driver’s license or right to operate a motor vehicle until the registrar receives proof of completion of the driver education program.” |
| 11 | Same as Senate Section 9“Section 24 of chapter 90, as so appearing, is hereby amended by inserting after the words “motor vehicle”, in line 730, the following words: or whoever while operating a motor vehicle in violation of section 12A or section 13B, such violation proved beyond a reasonable doubt, is the proximate cause of injury to any other person, vehicle or property by operating said motor vehicle negligently so that the lives or safety of the public might be endangered.” | Section 30A½ of chapter 166 of the acts of 2009 shall not apply to Section 1. |
| 12 | RMV shall implement a public awareness campaign that commences no later than July 1, 2010 | Section 10 of this act shall apply to surchargeable offenses that occur on or after the effective date of this act. |
| 13 | The second sentence of subsection (b) of section 12A of chapter 90 of the General Laws, inserted by section 8, and the second sentence of subsection (b) of section 13B of said chapter 90, inserted by section 10, shall take effect on September 1, 2010. | N/A |