One of the most common misconceptions among Massachusetts drivers is that distracted driving laws apply only to texting. In reality, the distracted-driving statute (Chapter 90, Section 13B of the Massachusetts General Laws) is far broader. A driver may be surprised to get pulled over for activities like talking on a cell phone, adjusting GPS directions on a cell phone, or changing music on a cell phone. A driver may have believed they were acting legally because they “weren’t texting.” Under Massachusetts law, however, any handheld use of a electronic device while driving can result in a traffic citation.
Massachusetts’ “hands-free” law prohibits drivers from holding a cellphone or other electronic device for any reason while operating a motor vehicle. Drivers may touch a device only to activate the hands-free mode, and only if the device is properly mounted to the windshield, dashboard, or center console in a way that does not interfere with safe vehicle operation. The law permits GPS navigation only when the device is mounted. Handheld use is allowed solely when the vehicle is stationary, and not located in a public travel lane or bicycle lane. This means that phone use at red lights or stop signs is still illegal. There is an exception for emergencies: a driver is permitted to use a handheld cell phone to call 911.
Voice-to-text features and voice-based communication are legal only when the device is properly mounted and used in hands-free mode. Massachusetts law also allows drivers to wear a headphone or earbud in one ear. It is important to note that drivers under the age of eighteen are subject to stricter rules: all use of electronic devices while driving is prohibited for minors, including hands-free use.
Understanding these rules is essential for Massachusetts drivers. Even brief or seemingly harmless phone use can lead to costly penalties and insurance consequences. Fortunately, there is no potential jail sentence for a violation of the hands-free law. Regardless, every driver should keep their hands on the wheel and their eyes on the road to reduce the risk of serious accidents.
What Counts as Distracted Driving in Massachusetts
- Using social media apps
- Typing or reading emails, notes, or web searches
- Manually entering or looking up directions on a GPS
Penalties for Violating the Massachusetts Hands-Free Law
- First offense: $100 fine
- Second offense: $250 fine and mandatory distracted driving education program
- Third and subsequent offenses: $500 fine, insurance surcharge, and mandatory distracted driving education program
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