MA Hands-Free Driving Law: 5 Things To Know

BOSTON, MA — Driving with a cell phone in your hand will soon be illegal in Massachusetts. The Hands-Free Law, signed by Gov. Charlie Baker in November, takes effect Feb. 23. Drivers who can't put the phone down will get a warning from police until March 31 and a fine after that.

Here are five things to know about the hands-free driving ban:

1. What is prohibited under the hands-free ban?

Drivers who are 18 and over:

• Can use electronic devices and mobile phones only in hands-free mode and are only permitted to touch devices to activate hands-free mode.
• Are not permitted to hold or support any electronic device/phone.
• Cannot touch a phone except to activate the hands-free mode and can enable it only when the device is installed or properly mounted to the windshield, dashboard or center console in a manner that does not impede the operation of the motor vehicle.
• Are not allowed to touch a device for texting, emailing, apps, video or internet use.
• Are permitted to activate GPS navigation when the device is installed or properly mounted.
• Are allowed handheld use only if the vehicle is both stationary and not located in a public travel lane or a bicycle lane, but are not allowed handheld use at red lights or stop signs.
• Voice-to-text and communication to electronic devices is legal only when a device is properly mounted; use of a headphone (one ear) is permitted.

Drivers who are under 18:

• Are not allowed to use any electronic devices. All phone use while driving is illegal, including use in hands-free mode.

2. What is the penalty for violating the hands-free ban?

• First offense – $100 fine.
• Second offense – $250 fine, plus mandatory completion of a distracted-driving educational program.
• Third and subsequent offenses – $500 fine, plus insurance surcharge and mandatory completion of distracted-driving educational program.

3. I thought texting while driving was already illegal in Massachusetts.

It is. The Massachusetts Safe Driving Law went into effect in 2010, banning the sending or reading of text messages while driving, even if the vehicle is stopped. The law does not address other distractions, such as eating, smoking or applying makeup while driving, but experts say these can be equally as dangerous.

4. So how does this new law differ from the texting ban?

Drivers may not touch or hold a mobile electronic device, except to activate or deactivate hands-free mode. Talking, texting and other tasks, such as entering an address into your GPS system, may only be done by voice command. Actions may only be completed by a single tap or swipe, unless your car is parked.

5. Other states are cracking down on distracted driving.

Twenty other states and Washington, D.C., have handheld bans that extend beyond texting. Massachusetts held off on such a ban due to concerns over racial profiling. The law will require the Registry of Motor Vehicles to collect data on the race and gender of offenders.