Mobile Phone/Texting while Driving Law Effective September 30, 2010

For a definition of a mobile device, see:

Chapter 155 of the Acts of 2010-An Act Relative to Safe Driving

Massachusetts General Laws Chapter 90, Section 13B

Violation Penalties:

• 1st Offense – $100 fine
• 2nd Offense – $250 fine
• 3rd or Subsequent Offense – $500 fine

Mobile Phone Use Prohibited by Operators Under Age 18

Operators under age 18 cannot use any mobile electronic device for any reason while operating a motor vehicle, with the only exception being that they must report an emergency.

Massachusetts General Laws Chapter 90, Section 8M

Violation Penalties:

• 1st Offense – $100 fine, 60-day license suspension, and a required attitudinal retraining course
• 2nd Offense – $250 fine, 180-day license suspension
• 3rd or Subsequent Offense – $500 fine, one-year suspension

Unsafe or Impeded Operation Due to the Use of a Mobile Phone

Operators over age 18 can use mobile telephones for calls as long as one hand remains on the steering wheel. However, using a mobile device must not interfere with driving and cannot be used for texting.

Massachusetts General Law Chapter 90, Section 13

Violation Penalties:

• 1st Offense – $35 fine
• 2nd Offense (within 12 months) – $75 fine
• 3rd Offense (within 12 months) – $150 fine

NOTE: It is NOT considered a violation if a vehicle is parked in an area of the road that is not meant for driving. In this context, texting or using a mobile phone is not considered a moving violation and is not subject to insurance surcharge.

Negligent Operation and Injury From Mobile Device Use

Personal injury or property damage caused by the negligent operation of a motor vehicle is a criminal offense. If you crashed because you were using a mobile electronic device in violation of the laws as outlined above, you may face criminal charges, including loss of license.

Massachusetts General Law Chapter 90, Section 24

Violation Penalties:

      Junior Operators (under 18 years of age)

• 1st Offense – 180-day suspension
• 2nd or Subsequent Offense (within three years) – One-year suspension

      18 years or older

• 1st Offense – 60-day suspension
• 2nd or Subsequent Offense (within three years) – One-year suspension

Three Surchargeable Events Suspension

Your license may be suspended if you have three surchargeable events in two years. If you have a third surchargeable event, you must complete a Driver Retraining Course within 90 days of the date of the notification you receive from the RMV.

Required In-Person Drivers License Renewals for Operators Over 75

Operators 75 years of age or older can only renew their driver’s licenses at an RMV branch. They must either pass a vision test or present a completed Vision Screening Certificate.

Source: Mass DOT

NOTE: By sharing this information, Murphy Insurance Agency is not providing legal advice; consult an attorney if you have questions.