Massachusetts drivers have begun training for the new Massachusetts hands-free driving law taking full effect in a little over thirty days. Although the hands-free law took effect Sunday, February 23, it gives most drivers a free-pass for violations of the law until April 1.
The new law prohibits any operator of a motor vehicle from holding a mobile electronic device (“mobile device”) defined as: “Any hand-held or other portable electronic equipment capable of providing data communication between 2 or more persons.” Only when the vehicle is stopped, and “not located in a part of the public way intended for travel by a motor vehicle or bicycle,” can an operator legally hold a mobile device.
For the thirty-seven days between February 23 and March 31, any police officers observing a driver holding a mobile device may stop them and issue a warning.
Starting April Fools’ Day, violations will result in fines, classes, and insurance surcharges
On and after April 1, police observing drivers holding or using a mobile device while driving will issue citations that carry the following fines and penalties:
- A fine of $100 for a first offense.
- A fine of $250 for a second offense; and
- A fine of $500 for a third or subsequent offense.
In addition to the fines, an operator who commits a second or subsequent hands-free driving offense must complete a Registry approved program that will encourage a change in their behavior and attitude about distracted driving.
Neither a first nor second offense is a surchargeable incident for insurance purposes. However, a third and any subsequent violations are surchargeable incidents that can boost a violator’s insurance rates for five years.
No free pass for drivers caught texting or reading messages before April 1st
The grace period until March 31 requiring police to give warnings for holding a mobile device does not apply to a driver’s “typing or reading of an electronic message.” Police can, during the grace period, issue citations with fines to drivers who do more than talk on their mobile devices.
Using hands-free mode is now the only legal way to drive and talk on a mobile device
Under the law, drivers may use their mobile devices in “hands-free mode.” Hands-free mode” is defined as the operation of a mobile device “by which a user engages in voice communication or receives audio without touching or holding the device” except for a “single tap or swipe to activate, deactivate or initiate the hands-free mode feature.”
Drivers under eighteen years of age, however, may not use mobile devices while driving even in hands-free mode.
In an emergency, drivers may hold and use their mobile devices
The law which applies to both operators of motor vehicles and bicycles does allow “emergency” use of a hand-held device to report that:
- 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 otherwise ensure the safety of the public;
- a disabled vehicle or an accident was present on a roadway.
An Agency Checklists’ infographic of the new law
Agency Checklists created this free infographic for our readers to use. If you need help accessing it or would like a .pdf version of it, please just send us an email via our contact page. Thank you.
