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HOUSE DOCKET, NO. 3181 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3445
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William M. Straus
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act relative to automobile technology.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/20/2023 1 of 7
HOUSE DOCKET, NO. 3181 FILED ON: 1/20/2023
HOUSE . . . . . . . . . . . . . . . No. 3445
By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 3445) of
William M. Straus for legislation to further regulate technology used in automobiles.
Transportation.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 3593 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act relative to automobile technology.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2018 Official Edition,
2is hereby amended by inserting the following new section:-
3 Section 13D. (a) As used in this section, the following words shall, unless the context
4clearly requires otherwise, have the following meanings:
5 “Active display area”, the portion of a visual display used to present information to the
6driver in the context of any task that makes use of that display. It does not include any area
7containing physical controls or dials which may be manipulated.
8 “Aftermarket device”, a device that is designed to be or can reasonably be expected to be
9installed or integrated into a vehicle after the vehicle is manufactured, is electronically powered, 2 of 7
10and has one or more of the following capabilities: a) allows user interaction; b) enters, sends,
11and/or receives information; c) enables communication with other people, devices, or machines;
12d) displays information in a visual or auditory manner; or e) displays graphical images,
13photographic images, and/or video.
14 “Application” or “App”, a specialized software program that is installed on an
15aftermarket, portable, or original equipment device.
16 “Driver mode”, a simplified user interface for an unpaired portable device that is
17designed for operation by a driver while driving.
18 “Driver safety warning system”, a system or application that is intended to assist the
19driver in the avoidance or mitigation of crashes.
20 “Driving”, operation of a motor vehicle on a public road whenever the vehicle’s means of
21propulsion is activated, engaged, or running unless the vehicle’s transmission is in the “Park”
22position. Driving includes vehicles that are temporarily stationary because of traffic, a traffic
23control signal or stop sign, or otherwise.
24 “Driving-related task”, any activity performed by the driver as part of the safe operation
25and control of the vehicle. Use of a driver safety warning system including but not limited to lane
26departure warning devices is a driving-related task.
27 “Electronic Device”, all components that a driver uses to perform tasks other than the
28primary task of safe operation and control of the vehicle; whether stand alone or integrated into
29another device. 3 of 7
30 “Interface”, software or a program which allows a user to communicate or interact with a
31portable device or in-vehicle system.
32 “In-vehicle system”, original equipment or an aftermarket device that is permanently
33installed or integrated into the vehicle.
34 “Lock out”, the disabling of one or more functions or features of a device so that the
35related task cannot be performed by the driver while driving.
36 “Manual text entry”, manually inputting individual alphanumeric characters into an
37electronic device.
38 “Original equipment”, electronic devices that are built into a vehicle by the manufacturer
39at the time of the vehicle’s manufacture.
40 “Paired”, means integrated, connected, or coupled to an in-vehicle system’s visual
41display, audio system, and/or controls through either wired or wireless connection methods so
42that the in-vehicle system has control over the portable device’s prioritization, manipulation, and
43presentation of information that originates from both local and/or off-board sources.
44 “Portable device”, a device that can reasonably be expected to be brought into a vehicle
45on a trip-by-trip basis and to be used by the driver while driving, that is electronically powered,
46and has one or more of the following capabilities: a) allows user interaction; b) enters, sends,
47and/or receives information; c) displays information in a visual or auditory manner; or d)
48displays graphical images, photographic images, and/or video.
49 “Text-based messaging”, manually inputting individual alphanumeric characters into, or
50reading from, an electronic device for the purpose of present or future communication. Text- 4 of 7
51based messaging includes but is not limited to the composition or reading of messages
52transmitted via short message service, email, instant messaging service, internet-based
53messaging, or social media applications, including posting. Text-based messaging does not
54include selecting, or entering a phone number into an electronic device for the purpose of
55initiating or receiving a phone call or using voice commands to initiate or receive a phone call.
56 “Visual field”, the total area in which objects may be observed by the driver when the
57driver’s eyes are fixated on a certain point.
58 “Vehicle”, passenger cars, multipurpose passenger vehicles, and trucks and buses with a
59Gross Vehicle Weight Rating of not more than 10,000 pounds. Vehicle shall not include:
60ambulances, firefighting vehicles, military vehicles, law enforcement vehicles, or vehicles built
61for other emergency uses as prescribed by regulation by the Secretary of Transportation.
62 “Video”, full-motion visual information presented through electronic means, including
63entertainment, advertising, and other visual content not related to driving, that is obtained from
64pre-recorded images, live images, video games, broadcasts, and/or closed circuit television.
65Video does not include live images of the area immediately surrounding the vehicle used for the
66purpose of aiding the driver when performing a maneuver.
67 (b) The active display area of any vehicle offered for initial sale in the Commonwealth
68with a manufacturing date on or after January 1, 2025, containing original equipment within the
69reach or visual field of the driver shall be designed to lock out the following tasks capable of
70being presented on the active display area while the operator is driving the vehicle:
71 (1) manual text entry for the purpose of text-based messaging. 5 of 7
72 (2) display of video images including but not limited to, video-based entertainment, and
73video-based communications including video-phoning and video conferencing.
74 (3) display of non-video graphical or photographic images, excluding maps used for GPS
75or navigational purposes. Internationally standardized icons and symbols, as well as trademark
76(™) and registered (®) symbols are not considered non-video graphical or photographic images.
77 (4) display of text to be read, whether automatically scrolling or static for a purpose other
78than a driver-related task. Such text to be read includes books, periodicals, and other
79publications, web page content, social media content, text-based advertising and marketing, and
80text-based messaging.
81 (c) The active display area of an aftermarket device within the reach or visual field of a
82driver that is installed or integrated into any vehicle on or after January 1, 2025 shall lock out the
83following tasks capable of being presented on the active display area while the operator is
84driving the vehicle:
85 (1) manual text entry for the purpose of text-based messaging.
86 (2) display of video images including but not limited to, video-based entertainment, and
87video-based communications including video-phoning and video conferencing.
88 (3) display of non-video graphical or photographic images, excluding maps used for GPS
89or navigational purposes. Internationally standardized icons and symbols, as well as trademark
90(™) and registered (®) symbols are not considered non-video graphical or photographic images.
91 (4) display of text to be read, whether automatically scrolling or static for a purpose other
92than a driver-related task. Such text to be read includes books, periodicals, and other 6 of 7
93publications, web page content, social media content, text-based advertising and marketing, and
94text-based messaging.
95 (d) No later than January 1, 2025, any portable device offered for initial sale in the
96Commonwealth shall be designed and equipped with the necessary mechanisms required to
97enable pairing between the portable device and a vehicle’s in-vehicle system. Such devices shall
98have a driver-mode interface which shall lock out the following tasks while the operator is
99driving the vehicle:
100 (1) manual text entry for the purpose of text-based messaging.
101 (2) display of video images including but not limited to, video-based entertainment, and
102video-based communications including video-phoning and video conferencing.
103 (3) display of non-video graphical or photographic images, excluding maps used for GPS
104or navigational purposes. Internationally standardized icons and symbols, as well as trademark
105(™) and registered (®) symbols are not considered non-video graphical or photographic images.
106 (4) display of text to be read, whether automatically scrolling or static for a purpose other
107than a driver-related task. Such text to be read includes books, periodicals, and other
108publications, web page content, social media content, text-based advertising and marketing, and
109text-based messaging.
110 Said driver mode interface shall also provide a means by which the driver may easily and
111immediately contact emergency services if and when necessary.
112 (e) Any vehicle purchased by the Commonwealth, subsidiary, instrumentality, agency, or
113entity thereof with the use of Commonwealth funds must satisfy the provisions of this section. 7 of 7
114 (f) There shall be a surcharge of 0.5% of the listed sale price assessed against any vehicle,
115aftermarket device, or mobile electronic device offered for initial sale in the Commonwealth on
116or after January 1, 2025 that does not conform to the provisions of this section.
117 (g) If any part of this statute is for any reason held to be unconstitutional or invalid, such
118decision shall not affect the remainder of this statute.
119 (h) The Secretary of Transportation shall promulgate regulations to carry out the
120provisions of this section.