Rep. Denise Garlick, MA House Pass Distracted Driving Legislation

This week, State Representative Denise C. Garlick (D-Needham) joined with her colleagues in the Massachusetts House of Representatives to pass legislation to ban drivers from using hand-held electronic devices in vehicles unless they are in hands-free mode.

“Today, the House took action to make our Commonwealth’s roads a safer place for each and every one of its residents,” said Representative Garlick. “Distracted driving is an important national safety issue and adopting hands-free legislation has proven to be effective in lowering the rate of distracted driving in other states. The heartbreaking tragedies that can occur when drivers are distracted underscore the need for this legislation. This bill will help to ensure that these terrible occurrences are fewer and further between. At the same time, we must bolster existing law and data collection to ensure that this bill is not used to engage in racial profiling.”

The bill defines hands-free devices as those that engage in voice communication with and receiving audio without touching, holding or otherwise manually manipulating the device. Law enforcement officials have the ability to issue warnings to drivers until December 31, 2019 before the law goes into effect on January 1, 2020. The bill will also:

• Allow 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 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 fines $100 for the first offence, $250 for the second offence and $500 for third and subsequent offences;
• Build off and bolsters existing law by creating compliance measures, requiring the inclusion of race on the uniform citation, and extending this practice to all jurisdictions;
• Invest $300,000 towards data collection and analysis by an outside entity;
• Require jurisdictions – if data suggests those jurisdictions may be engaging in racial profiling – to collect data on all traffic stops for a one-year period; and
• Create a public awareness campaign informing and educating the dangers of using technological devises while driving and the obligations of drivers under this bill;
• Will not create a surchargeable offense (does not affect auto insurance premiums).

The bill will now go to the Senate.

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