Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3445 Compare Versions

Only one version of the bill is available at this time.

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2	2	HOUSE DOCKET, NO. 3181 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3445
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	William M. Straus
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act relative to automobile technology.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:William M. Straus10th Bristol1/20/2023 1 of 7
16	16	HOUSE DOCKET, NO. 3181 FILED ON: 1/20/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 3445
18	18	By Representative Straus of Mattapoisett, a petition (accompanied by bill, House, No. 3445) of
19	19	William M. Straus for legislation to further regulate technology used in automobiles.
20	20	Transportation.
21	21	[SIMILAR MATTER FILED IN PREVIOUS SESSION
22	22	SEE HOUSE, NO. 3593 OF 2021-2022.]
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to automobile technology.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 90 of the General Laws, as appearing in the 2018 Official Edition,
32	32	2is hereby amended by inserting the following new section:-
33	33	3 Section 13D. (a) As used in this section, the following words shall, unless the context
34	34	4clearly requires otherwise, have the following meanings:
35	35	5 “Active display area”, the portion of a visual display used to present information to the
36	36	6driver in the context of any task that makes use of that display. It does not include any area
37	37	7containing physical controls or dials which may be manipulated.
38	38	8 “Aftermarket device”, a device that is designed to be or can reasonably be expected to be
39	39	9installed or integrated into a vehicle after the vehicle is manufactured, is electronically powered, 2 of 7
40	40	10and has one or more of the following capabilities: a) allows user interaction; b) enters, sends,
41	41	11and/or receives information; c) enables communication with other people, devices, or machines;
42	42	12d) displays information in a visual or auditory manner; or e) displays graphical images,
43	43	13photographic images, and/or video.
44	44	14 “Application” or “App”, a specialized software program that is installed on an
45	45	15aftermarket, portable, or original equipment device.
46	46	16 “Driver mode”, a simplified user interface for an unpaired portable device that is
47	47	17designed for operation by a driver while driving.
48	48	18 “Driver safety warning system”, a system or application that is intended to assist the
49	49	19driver in the avoidance or mitigation of crashes.
50	50	20 “Driving”, operation of a motor vehicle on a public road whenever the vehicle’s means of
51	51	21propulsion is activated, engaged, or running unless the vehicle’s transmission is in the “Park”
52	52	22position. Driving includes vehicles that are temporarily stationary because of traffic, a traffic
53	53	23control signal or stop sign, or otherwise.
54	54	24 “Driving-related task”, any activity performed by the driver as part of the safe operation
55	55	25and control of the vehicle. Use of a driver safety warning system including but not limited to lane
56	56	26departure warning devices is a driving-related task.
57	57	27 “Electronic Device”, all components that a driver uses to perform tasks other than the
58	58	28primary task of safe operation and control of the vehicle; whether stand alone or integrated into
59	59	29another device. 3 of 7
60	60	30 “Interface”, software or a program which allows a user to communicate or interact with a
61	61	31portable device or in-vehicle system.
62	62	32 “In-vehicle system”, original equipment or an aftermarket device that is permanently
63	63	33installed or integrated into the vehicle.
64	64	34 “Lock out”, the disabling of one or more functions or features of a device so that the
65	65	35related task cannot be performed by the driver while driving.
66	66	36 “Manual text entry”, manually inputting individual alphanumeric characters into an
67	67	37electronic device.
68	68	38 “Original equipment”, electronic devices that are built into a vehicle by the manufacturer
69	69	39at the time of the vehicle’s manufacture.
70	70	40 “Paired”, means integrated, connected, or coupled to an in-vehicle system’s visual
71	71	41display, audio system, and/or controls through either wired or wireless connection methods so
72	72	42that the in-vehicle system has control over the portable device’s prioritization, manipulation, and
73	73	43presentation of information that originates from both local and/or off-board sources.
74	74	44 “Portable device”, a device that can reasonably be expected to be brought into a vehicle
75	75	45on a trip-by-trip basis and to be used by the driver while driving, that is electronically powered,
76	76	46and has one or more of the following capabilities: a) allows user interaction; b) enters, sends,
77	77	47and/or receives information; c) displays information in a visual or auditory manner; or d)
78	78	48displays graphical images, photographic images, and/or video.
79	79	49 “Text-based messaging”, manually inputting individual alphanumeric characters into, or
80	80	50reading from, an electronic device for the purpose of present or future communication. Text- 4 of 7
81	81	51based messaging includes but is not limited to the composition or reading of messages
82	82	52transmitted via short message service, email, instant messaging service, internet-based
83	83	53messaging, or social media applications, including posting. Text-based messaging does not
84	84	54include selecting, or entering a phone number into an electronic device for the purpose of
85	85	55initiating or receiving a phone call or using voice commands to initiate or receive a phone call.
86	86	56 “Visual field”, the total area in which objects may be observed by the driver when the
87	87	57driver’s eyes are fixated on a certain point.
88	88	58 “Vehicle”, passenger cars, multipurpose passenger vehicles, and trucks and buses with a
89	89	59Gross Vehicle Weight Rating of not more than 10,000 pounds. Vehicle shall not include:
90	90	60ambulances, firefighting vehicles, military vehicles, law enforcement vehicles, or vehicles built
91	91	61for other emergency uses as prescribed by regulation by the Secretary of Transportation.
92	92	62 “Video”, full-motion visual information presented through electronic means, including
93	93	63entertainment, advertising, and other visual content not related to driving, that is obtained from
94	94	64pre-recorded images, live images, video games, broadcasts, and/or closed circuit television.
95	95	65Video does not include live images of the area immediately surrounding the vehicle used for the
96	96	66purpose of aiding the driver when performing a maneuver.
97	97	67 (b) The active display area of any vehicle offered for initial sale in the Commonwealth
98	98	68with a manufacturing date on or after January 1, 2025, containing original equipment within the
99	99	69reach or visual field of the driver shall be designed to lock out the following tasks capable of
100	100	70being presented on the active display area while the operator is driving the vehicle:
101	101	71 (1) manual text entry for the purpose of text-based messaging. 5 of 7
102	102	72 (2) display of video images including but not limited to, video-based entertainment, and
103	103	73video-based communications including video-phoning and video conferencing.
104	104	74 (3) display of non-video graphical or photographic images, excluding maps used for GPS
105	105	75or navigational purposes. Internationally standardized icons and symbols, as well as trademark
106	106	76(™) and registered (®) symbols are not considered non-video graphical or photographic images.
107	107	77 (4) display of text to be read, whether automatically scrolling or static for a purpose other
108	108	78than a driver-related task. Such text to be read includes books, periodicals, and other
109	109	79publications, web page content, social media content, text-based advertising and marketing, and
110	110	80text-based messaging.
111	111	81 (c) The active display area of an aftermarket device within the reach or visual field of a
112	112	82driver that is installed or integrated into any vehicle on or after January 1, 2025 shall lock out the
113	113	83following tasks capable of being presented on the active display area while the operator is
114	114	84driving the vehicle:
115	115	85 (1) manual text entry for the purpose of text-based messaging.
116	116	86 (2) display of video images including but not limited to, video-based entertainment, and
117	117	87video-based communications including video-phoning and video conferencing.
118	118	88 (3) display of non-video graphical or photographic images, excluding maps used for GPS
119	119	89or navigational purposes. Internationally standardized icons and symbols, as well as trademark
120	120	90(™) and registered (®) symbols are not considered non-video graphical or photographic images.
121	121	91 (4) display of text to be read, whether automatically scrolling or static for a purpose other
122	122	92than a driver-related task. Such text to be read includes books, periodicals, and other 6 of 7
123	123	93publications, web page content, social media content, text-based advertising and marketing, and
124	124	94text-based messaging.
125	125	95 (d) No later than January 1, 2025, any portable device offered for initial sale in the
126	126	96Commonwealth shall be designed and equipped with the necessary mechanisms required to
127	127	97enable pairing between the portable device and a vehicle’s in-vehicle system. Such devices shall
128	128	98have a driver-mode interface which shall lock out the following tasks while the operator is
129	129	99driving the vehicle:
130	130	100 (1) manual text entry for the purpose of text-based messaging.
131	131	101 (2) display of video images including but not limited to, video-based entertainment, and
132	132	102video-based communications including video-phoning and video conferencing.
133	133	103 (3) display of non-video graphical or photographic images, excluding maps used for GPS
134	134	104or navigational purposes. Internationally standardized icons and symbols, as well as trademark
135	135	105(™) and registered (®) symbols are not considered non-video graphical or photographic images.
136	136	106 (4) display of text to be read, whether automatically scrolling or static for a purpose other
137	137	107than a driver-related task. Such text to be read includes books, periodicals, and other
138	138	108publications, web page content, social media content, text-based advertising and marketing, and
139	139	109text-based messaging.
140	140	110 Said driver mode interface shall also provide a means by which the driver may easily and
141	141	111immediately contact emergency services if and when necessary.
142	142	112 (e) Any vehicle purchased by the Commonwealth, subsidiary, instrumentality, agency, or
143	143	113entity thereof with the use of Commonwealth funds must satisfy the provisions of this section. 7 of 7
144	144	114 (f) There shall be a surcharge of 0.5% of the listed sale price assessed against any vehicle,
145	145	115aftermarket device, or mobile electronic device offered for initial sale in the Commonwealth on
146	146	116or after January 1, 2025 that does not conform to the provisions of this section.
147	147	117 (g) If any part of this statute is for any reason held to be unconstitutional or invalid, such
148	148	118decision shall not affect the remainder of this statute.
149	149	119 (h) The Secretary of Transportation shall promulgate regulations to carry out the
150	150	120provisions of this section.