Massachusetts House Passes Distracted Driving Legislation

BOSTON- Representative David P. Linsky (D-Natick) joined his colleagues in the Massachusetts House of Representatives in passing legislation to ban drivers from using hand-held electronic devices in vehicles unless they are in hands-free mode.

H.3793, An Act requiring the hands-free use of mobile telephones while driving, defines hands-free devices as those that engage in voice communication with and receiving audio without touching, holding, or otherwise manually manipulating the device. The legislation allows for drivers to use mapping or navigation devices if they are affixed to the windshield or integrated into the vehicle, and only involve a tap or swipe. It also allows for a single tap or swipe to activate or deactivate a device’s hand’s free mode.

Law enforcement officials have the ability to issue warnings to drivers on their first offense until December 31, 2019, in what is being deemed a “public education” period, before the law goes into effect on January 1, 2020. The legislation imposes a $100 fine for the first offense, a $250 fine for the second offense, and a $500 fine for third and subsequent offenses.

“This legislation will ensure that drivers keep their eyes on the road, and not on their cell phone,” said Representative Linsky. “Distracted driving causes many dangerous and fatal car accidents, and passing this legislation is a long-overdue step to ensure the safety of all residents of the Commonwealth.”

In addition, H.3793 builds off and bolsters existing law by directing the Registry of Motor Vehicles (RMV) to add a section on traffic tickets to record the race of each individual cited or issued a written warning by a police officer. Each year, the state will be required to collect and analyze the data, and report its finding to lawmakers, the Attorney General, and other relevant parties. If the data suggests that a State Police barracks or a local police department appears to have engaged in racial or gender profiling, that department would be subject to a year-long information collection period, wherein they would be required to collect information on all traffic stops, including those that do not end in a warning, citation, or arrest.

The House also adopted an amendment filed by Representative Chynah Tyler (D-Boston) that directs state public safety officials to investigate alternative methods for collection under a 2000 law that requires citations for traffic violations to include a box that asks the recording officer to fill in race. The amendment requires officials to explore the expansion of data collection to include race and gender of each individual subject to traffic stops, searches resulting from a traffic stop, or frisks resulting from a traffic stop, whether or not a Massachusetts Uniform Citation was issued.

“There is no doubt that we face a serious social and racial justice issue relative to the ways in which the police interact with the public, and we should call for a wider discussion of the matter,” said Representative Linsky.

H.3793 was passed by the House 155-2, and now goes to the Massachusetts State Senate for consideration.

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For More Information: Abigail Silverman (617) 722-2575