Distracted Driving Bill Passes In Mass Legislature, Onto Governor

Massachusetts lawmakers officially passed a distracted driving bill that bans motorists from using hand-held electronic devices in vehicles unless drivers use the device in hands-free mode. The bill now goes to the governor. The legislation was filed on Monday and follows several bans and attempts by the legislature to get phones out of driver's hands.

Under the Distracted Driving Bill, motorists would still be able to use popular GPS navigation apps as long as they were on hands-free mode and mounted to the windshield, dashboard or center console. Law enforcement officials will issue warnings to drivers for first offenses during a three month grace period, which will last until March 31, 2020.

After that, anyone who violates the new regulation would face fines between $100 and $500, and third and subsequent offenses would be surchargeable for insurance purposes.

The bill goes beyond taking phones out of driver's hands — it would also collect data on drivers who violate the law. State agencies will track the age, gender and race of every motorist issued a citation or warning.

It has been 15 years since the last public report on traffic stop data; under this bill the state will be required to publish and analyze the data annually. Proponent for the bill say expanding access to this information improves transparency and improves public safety outcomes.

The bill will also:

• Allow for drivers to use mapping or navigation devices if they are affixed to the windshield, dashboard or central console or integrated into the vehicle and only involve a tap or a swipe;
• Exempt use of electronics in the case of an emergency and for first responders if they are using the devices as part of their duties;
• Penalize drivers with $100 fine for the first offence, $250 fine and safety course for the second offence and $500 fine and surcharge for third and subsequent offences;
• Expand data collection of identifying characteristics including age, race and gender and location when police issue a uniform citation;
• Hold law enforcement agencies accountable, if data suggests those jurisdictions may be engaging in racial profiling, by requiring them to collect data on all traffic stops for a one-year period and provide implicit bias training;
• Require the Executive Office of Public Safety and Security (EOPPS) to publish data online annually
• Mandate EOPSS to contract with a research institution to conduct an annual analysis of the data collected.
• Direct the EOPSS Secretary to hold three public hearings across the Commonwealth annually to present the findings of the annual report and analysis and field public testimony; and
• Create a public awareness campaign informing and educating drivers on the dangers of using technological devices while driving