3.3 Distractions Inside the Vehicle & the Hands-Free Law
Key Takeaways
Drivers 18 and older may use a mobile electronic device only in hands-free mode, with the device mounted and touched only to activate hands-free mode.
Handheld device use is allowed only when the vehicle is stationary and outside a public travel lane, never at a red light or stop sign.
Drivers under 18 may not use any mobile electronic device for any reason while driving except to report an emergency.
Adult hands-free violations cost $100 for a first offense, $250 plus a distracted driving program for a second, and $500 plus an insurance surcharge and the program after that.
Wearing headphones while driving is illegal, but a driver 18 or older may use one earplug with a cell phone.
In 2023, distracted driving killed 3,275 people in the United States. A distraction is anything that takes your eyes off the road, your hands off the wheel or your mind off driving. Texting does all three at once. At 55 mph you cover about 80 feet every second, so a five-second glance at a phone means driving the length of a football field blind.
Inside the Vehicle
| Rule | What the manual requires |
|---|---|
| Distracting objects | Nothing on the dashboard or windshield, or hanging from the mirror, may block your view of the road or mirrors. Nothing may roll under the pedals. |
| Headphones | Illegal to wear a radio headset, headphones or any wired or wireless device that limits your attention. A driver 18 or older may use one earplug with a cell phone. |
| Loud noise | Keep volume low enough to hear emergency sirens. |
| Televisions | Must be behind the front seat and not visible to the driver, even when looking sideways. |
| Truck beds | Children under 12 may not ride in a pickup truck bed (very limited exceptions, and never above 5 mph). |
The Hands-Free Law
M.G.L. chapter 90, section 13B (Chapter 122 of the Acts of 2019) bans hand-held use of mobile electronic devices, including cell phones, while driving.
Drivers 18 and Older
- Devices may be used only in hands-free mode. They may not be held or supported, and may be touched only to activate hands-free mode (a single tap or swipe).
- The device must be installed or mounted on the windshield, dashboard or center console where it does not interfere with driving.
- Hand-held use is allowed only when the vehicle is stationary and not in a public travel lane. It is not allowed at red lights or stop signs. Do not pull onto the side of a busy road or highway to use a phone.
- You may never write, send or read an electronic message (texts, emails, instant messages) or access the internet while driving.
- GPS devices, including phones used for navigation, are allowed if affixed to the vehicle.
Drivers Under 18
Drivers under 18, including permit holders and Junior Operators, cannot use any mobile electronic device for any reason while driving, hands-free included. The only exception is reporting an emergency.
What Counts as a Mobile Electronic Device
The law covers any hand-held or portable electronic equipment that can provide data communication between two or more people. That includes phones, texting or paging devices, personal digital assistants, laptops, video-game or video-disc players, devices that take or send digital photos, and equipment that can receive TV broadcasts.
It does not include:
- Audio equipment
- Equipment installed or affixed in the vehicle for navigation or emergency assistance
- Video entertainment for rear-seat passengers
Penalties
| Offense | Drivers 18 and older | Drivers under 18 |
|---|---|---|
| First | $100 fine | $100 fine, 60-day suspension, new permit exam and Driver Attitudinal Retraining (plus a new road test for a license holder) |
| Second | $250 fine plus a mandatory distracted driving educational program | $250 fine and 180-day suspension |
| Third and later | $500 fine, insurance surcharge and the mandatory program | $500 fine and 1-year suspension |
Negligent Operation and Injury
Injuring a person or damaging property through negligent driving is a crime. If you crash because you were using a mobile device, you face criminal charges and loss of your license. For Junior Operators the charts list a 180-day suspension for a first offense and one year for a later one. Federal rules separately restrict hand-held phone use by commercial drivers.
Scenarios
- Red light, adult driver, phone in hand to read a text: illegal. Stopping at a light does not make hand-held use legal.
- Adult on a hands-free call through the car's built-in system: legal, if the phone is not held.
- 17-year-old Junior Operator on a hands-free call: illegal. Drivers under 18 may not use any device.
- Adult using a phone mounted on the dashboard for turn-by-turn navigation: legal, because GPS is allowed when the device is affixed.
- Driver of any age calling 911 to report a crash: reporting an emergency is the recognized exception.
Common Exam Traps
| Claim | Reality under Massachusetts law |
|---|---|
| "Stopped at a red light, an adult may text." | False: hand-held use is barred at red lights and stop signs |
| "Under 18, hands-free is allowed." | False: no device use at all except to report an emergency |
| "A mounted phone used for GPS is illegal." | False: navigation devices affixed to the vehicle are allowed |
| "A third adult offense is just a bigger fine." | False: it also brings an insurance surcharge and a required program |
Practical Tips From the RMV
- Turn off app notifications and put the phone on silent.
- Put the phone in the back seat.
- If you must use it, pull over to a safe location, not the side of a busy road or highway.
- Set up navigation and music before you start moving.
An adult driver stops at a red light and picks up a phone to read a text. Is this legal in Massachusetts?
Yes, as long as the transmission is shifted into park first
Only if the message is from a family member or an employer
Yes, because the vehicle is not moving while the light is red
No; hand-held use is not allowed at red lights or stop signs
A 17-year-old Junior Operator wants to take a call through the car's hands-free system. What does the law allow?
No device use at all except to report an emergency
Voice-to-text messages are allowed, but not phone calls
Hands-free calls are allowed, but never texting or browsing
Calls are allowed only when a parent or guardian is a passenger
Which statement about headphones matches the Massachusetts manual?
Headphones in both ears are legal as long as the volume is kept low
Only drivers under 18 are restricted; adults may wear any headphones
Both earbuds are allowed when they are used only for navigation audio
Headphones are illegal, but drivers 18+ may use one earplug with a phone
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