New Massachusetts Hands-Free Cell Phone Driving Law: What You Need to Know

What Drivers Can and Cannot Do Under the New Law:

• Drivers cannot use a mobile electronic device unless the device is being used in hands-free mode. The law defines “hands-free mode” as using the device without the user holding or touching the device except that a device may require a single tap or swipe to activate, deactivate, or initiate the hands-free mode feature, i.e. devices using Bluetooth technology are allowed provided the use guidelines are met.
• Drivers cannot look at texts, images or videos displayed on a mobile electronic device, with the exception that a driver may view a map generated by a navigation system or application on a mobile electronic device that is mounted on or affixed to a vehicle’s windshield, dashboard or center console in a manner that does not impede the operation of the motor vehicle.
• Drivers stopped at a light or in traffic or on a public way cannot use a hand-held device. Drivers may use a hand-held device if the vehicle is stationary and not located in a part of the public way, i.e. pulled over to the side of the road or in a parking lot.
• Drivers may use a hand-held device as an exception in response to emergencies including:
  • the vehicle was disabled;
  • medical attention or assistance was required;
  • police intervention, fire department, or other emergency services were necessary for the personal safety of the operator or a passenger or to ensure the safety of the public otherwise; or
  • a disabled vehicle or an accident was present on a roadway.

NOTE: The law does not apply to first responders who are on duty and driving emergency service vehicles.

You Can Be Pulled Over Just for Being On Your Phone

Fines and required education for offenses

• First offense – $100 fine;
• Second offense – $250 fine, and;
• Third or subsequent offenses – $500 fine.

After a second or subsequent offense, operators will be required to complete an educational program on distracted driving prevention.

Your insurance will be impacted for repeat offenses

Distracted driving due to the use of electronic devices is a serious problem. While this law addresses distractions due to mobile devices, distractions also exist in the form of driving while drowsy, level of activity inside the car, eating while driving, multitasking, and other situations. For your safety, we encourage compliance with the new law as well as to reduce and eliminate other distractions so that you can focus on the road and the task of operating your motor vehicle.

Being alert and avoiding distractions is the best way to avoid accidents…it saves money, it saves headaches, it saves lives.

Read an official copy of H.4203, which is the version of the Hands-Free Use Act that was signed into law.