4.3 The Hands-Free Law & Distracted Driving
Key Takeaways
Under Massachusetts law (c. 90, s. 13B; Chapter 122 of the Acts of 2019), drivers 18 and older may use a mobile electronic device only in hands-free mode while driving.
In Massachusetts, a driver may hold a mobile device only when the vehicle is stationary and outside a public travel lane, never at a red light or stop sign.
Massachusetts drivers under 18 may not use any mobile electronic device while driving, even hands-free, except to report an emergency.
A Massachusetts hands-free violation costs $100 for a first offense, $250 plus a distracted driving program for a second, and $500 plus an insurance surcharge and the program for a third.
A GPS device or phone used for navigation is allowed in Massachusetts only if it is affixed to the vehicle.
Distracted driving killed 3,275 people in the U.S. in 2023, according to the Manual. Massachusetts responded with M.G.L. c. 90, s. 13B and Chapter 122 of the Acts of 2019, which prohibit using hand-held mobile electronic devices while driving. Instructors must model the law in every lesson. The RMV separately bars instructors from cell phone use while teaching (section 1.2).
Drivers 18 and Older: Hands-Free Only
| Rule | Detail |
|---|---|
| Allowed mode | Hands-free only |
| Touching the device | Only to activate hands-free mode |
| Mounting | Installed or mounted on the windshield, dashboard or center console, in a way that does not interfere with driving |
| Holding or supporting the device | Not allowed while driving |
| Messages and internet | May not write, send or read any electronic message (texts, emails, instant messages) or access the internet |
| Navigation | GPS devices, including phones, are allowed if affixed to the vehicle for navigation |
| Hand-held exception | Only when the vehicle is stationary and not in a public travel lane |
The "stopped" trap
Being stopped is not enough. The Manual says hand-held use is "not allowed at red lights or stop signs." Waiting in a travel lane still counts as driving under this law. The Manual also warns: do NOT stop on the side of a busy road or highway to use a device. Pull into a safe place, such as a parking lot, instead.
Drivers Under 18: No Device at All
Drivers under 18, whether permit holders or Junior Operators, may not use any mobile electronic device for any reason while driving. Hands-free mode is no exception. The only exception is reporting an emergency.
What Counts as a "Mobile Electronic Device"?
The statutory definition covers any hand-held or other portable electronic equipment that can provide data communication between two or more persons, including:
- mobile phones, text-messaging devices, pagers and personal digital assistants;
- laptop computers;
- equipment that can play a video game or DVD;
- equipment that takes or transmits digital photos;
- equipment that can receive a television broadcast.
Excluded: audio equipment, and equipment installed or affixed in the vehicle to provide navigation or emergency assistance to the driver or video entertainment for rear-seat passengers.
| Device | Covered? |
|---|---|
| Phone held to the ear | Yes, prohibited for every driver |
| Phone in a dash mount, used by voice (driver 18+) | Allowed in hands-free mode |
| Same mounted phone, driver aged 17 | Prohibited, except to report an emergency |
| Factory-installed navigation | Excluded from the definition |
| Rear-seat entertainment screen | Excluded, but the TV rule still applies: it must not be visible to the driver (section 4.2) |
| Tablet on the passenger seat used for maps | Covered; navigation devices must be affixed |
Penalties
| Offense | Penalty |
|---|---|
| First | $100 fine |
| Second | $250 fine plus a mandatory distracted driving educational program |
| Third and subsequent | $500 fine plus an insurance surcharge and the mandatory program |
Young drivers face much more. A Junior Operator convicted under the device law (c. 90, s. 8M) is suspended 60 days for a first offense, 180 days for a second and one year after that. A first offense also requires a $100 fine, a new permit exam, Driver Attitudinal Retraining and, for a licensed Junior Operator, a new road test (section 8.1).
Negligent operation and injury
It is a crime to injure a person or damage property by driving negligently. If you crash because you were using a mobile electronic device, you face criminal charges and the loss of your license. "Negligent Operation and Injury from Mobile Phone Use" carries a 60-day to one-year suspension and a $500 reinstatement fee for adults (section 7.3). For Junior Operators it is 180 days for a first offense and one year after that (section 8.1).
Note
Federal regulations separately restrict hand-held phone use by commercial motor vehicle drivers. CDL students follow both rules.
Preventing Device Use
The Manual's tips, useful for lesson routines and the parent class:
- turn off app notifications;
- put the phone on silent;
- put the phone in the back seat;
- if you must use it, pull over to a safe location, never the side of a busy road or highway.
Teaching Points
- "Look-Signal-Move" with no device in hand. Set navigation before moving and mount the device.
- Teach the red-light rule explicitly. Many adult drivers wrongly believe a red light is a safe time to text.
- Model it. Instructors may not use a cell phone or engage in other distracting behavior while instructing (RMV conduct rule), and 540 CMR 23.05 bans cell phone use in a lesson car while a student is driving, except to get emergency help.
- Connect it to the parent class. Parents who text at red lights teach the opposite of the law. The parent curriculum covers the JOL device ban.
An adult driver is stopped at a red light in the left travel lane and picks up the phone to read a text. Under the Manual, is this legal?
No, but only because the vehicle is in the left lane instead of the right
Yes, if the driver only reads the message without replying
No; hand-held use is never allowed at a red light
Yes, because the vehicle is fully stopped and the transmission is in drive
A 17-year-old Junior Operator wants to use a dash-mounted phone's voice commands to call a friend while driving. What does the law allow?
Navigation only, but no voice calls of any kind
No device use at all, except to report an emergency
The call, because a voice command is hands-free and the phone is mounted
The call, if the passenger dials the number for the driver
What is the penalty for an adult driver's third conviction for hand-held device use?
A $300 fine and a 60-day license suspension
$500, an insurance surcharge and a required program
A $100 fine and a written warning added to the driving record
A $250 fine and a mandatory distracted driving program
Sections you finish are checked off in the contents.