State Ban on Texting Will Likely Trump Brookline's Own Bylaw

A new state law banning text messaging while driving may spell the end of a similar proposal adopted by Town Meeting earlier this year.

The ban, signed into law by Gov. Deval Patrick last week, goes into effect in October and gives police departments the power to issues fines and 60-day licence suspensions to drivers caught texting or surfing the web on a mobile phone while behind the wheel.

Passage of the state law comes just a little over a month after Brookline Town Meeting voted in favor of a similar ban, but Brookline officials say the local ordinance would likely be tossed out.

"[The state law] would probably be the only law we would use going forward," said Police Chief Daniel O'Leary.

Under the state law, texting while driving would be considered a primary offense, meaning that police will be able to pull over drivers spotted texting behind the wheel, even when stopped at traffic lights and stop signs. The violation is not considered a moving violation, however, and will not affect a driver's insurance rates.

Violaters would be fined $100, $250 and $300 for first, second and third offenses, respectively.

"I think its going to be a challenge to enforce it," said O'Leary, who added that the law could serve as a wake-up call to drivers who forget that they are in control of a car weighing tons.

O'Leary, who testified in support of the town proposal, also said that a state law may be easier to enforce than the town ban because drivers will not be able to claim that they didn't realize they were in Brookline – and subject to local bylaws – when caught texting.

As a home-rule petition, the proposal passed by Town Meeting in May would have required the approval of the state legislature before becoming law. If approved, the town would  fine violators $100 for a first offense, $200 for a second offence, and $300 for a third. Brookline police would have the authority to pull-over drivers they witness texting or if they have reasonable grounds to believe that the act has or would occur.

But it is unclear whether Brookline will continue its push in the state legislature now that a town ordinance could be redundant. According to a spokesperson for Attorney General Martha Coakley, the Attorney General's office reviews passed local bylaws to make sure that they adhere to established state law and do not create redundant statutes.

"Without question, this new law will save lives on our roadways," Governor Patrick said in a statement last week. "Texting is one of the riskiest distractions that endangers public safety and today we are joining other states by saying it will no longer be tolerated," Patrick said.

The provision also bans junior operators, drivers under the age of 18, from using cell phones in any way, including making calls, while driving.

O'Leary said that there is "a big learning curve," for beginning drivers and that teen drivers should concentrate "on their primary focus, which is driving a car safely," before adding a cell phone to the mix.

Drivers over 75 years old will be required to renew their driver's license in person at RMV locations and will need to pass a vision test in order to retain driving privileges.

"The best way to get this down is to educate people and get volunteer compliance," to prevent distracted driving, O'Leary said. "This is a step in the right direction."