The Safe Driving Law becomes effective in Massachusetts on September 30, 2010. The law creates a series of new violations, which the RMV Division, MassDOT IT staff and the Merit Rating Board are working to program and implement.

These new violations include:

Additional Suspensions
The law repeals the current suspension for 5-surchargeable incidents in a 3-year period and replaces it with a new suspension for 3 surchargeable incidents in 2 years. Violations with an incident date on or after 9/30/2010 can be factored into the new suspension calculation. However, older violations will still be considered a basis for operators that accrue 7 surchargeable incidents. Similar to the current suspension process for 5 surchargeable incidents, operators will have 90 days from the suspension notice to complete a National Safety Council course to avoid going into suspension.

EXAMPLE: An operator receives a citation on October 1, 2010 and is cited for 3 offenses on the ticket: speeding, failure to yield, and a marked lane violation.Under the new law, this driver will receive a notice that they must complete the NSC course in 90 days or have his/her license suspended until completion of the class.

Elder Driving Provisions
License applicants, either for initial licensure in Massachusetts or license renewal, age 75 and older must conduct the transaction in a RMV office. Use of the Internet for license renewals will no longer be allowed for these applicants. All applicants, regardless of age, that obtain or renew a license in a branch office are required to undergo the RMV vision test that is given to all drivers or provide a vision screening certificate from an appropriate health care provider to complete the transaction.

Medical Fitness Reporting
Health care providers and law enforcement may report operators they believe are not physically or mentally capable of safely operating a vehicle due to cognitive of functional impairment

• May request RMV to seek medical evaluation of operator
• Requests can’t be based on operator age or solely on diagnosis of condition or impairment-it must be based on the effect either has on the ability to drive safely
• Good faith belief of impairment based on-
  • Personal observation
  • Physical evidence
  • Law enforcement investigation
• RMV must review report within 30 days of receipt

Public Awareness Campaign
The law requires the RMV to work with EOPSS Highway Safety Division to implement a public awareness campaign for junior operators and adults. Campaign must start by January 1, 2011.

The campaign is to include, but not be limited to:

• Dangers and consequences of distracted driving
• Information on restrictions of cell phones and electronic devices while driving
• Information on fines and punishments