What You Need to Know About Massachusetts’s Texting and Driving Laws

Texting and driving in Massachusetts is illegal and can land you a fine of up to $500 and a mandatory defensive driving course.
Written by Andrea Barrett
Reviewed by Brittni Brinn
background
Texting and driving is illegal in
Massachusetts
and considered a primary offense. If you’re caught texting behind the wheel, you’re liable for a $100 fine for a first offense, with penalties increasing with subsequent offenses. It’s all part of the state's “hands-free” law. 
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Is texting while driving illegal in Massachusetts?

Yes—effective February 23, 2020, Massachusetts made using your phone while driving illegal unless it’s operated using hands-free mode. 
While some state laws are loose around what can happen when the car isn’t moving, Massachusetts explicitly states that you can use a mobile device only if the vehicle is stationary and not located in a public travel lane or a bicycle lane. However, using a mobile device at a red light or stop sign is prohibited
Most people know that
texting and driving
is dangerous—not only for you but also for other drivers on the road.
But despite efforts to curb
distracted driving
and the implementation of new laws that prohibit the use of mobile devices behind the wheel, the number of distracted driving-related crashes in Massachusetts has risen a whopping 170% from 2014 to 2016. In 2020 alone, 3,142 people were killed by distracted driving, according to reports by the NHTSA—and that number continues to rise. 

What are the texting and driving laws in Massachusetts?

In 2010, Massachusetts passed the Safe Driving Law and became the 29th state to ban texting while driving. Under state law, drivers are prohibited from reading, writing, or sending an electronic message during the operation of the motor vehicle—moving or not.
The law covers cell phones, handheld devices, iPads, tablets, and laptop computers, and applies to drivers of all ages. 
Section 13B
of the General Laws of The General Court of the Commonwealth of Massachusetts states that:
  • No operator of a motor vehicle shall hold a mobile electronic device
  • No operator of a motor vehicle shall use a mobile electronic device unless the device is being used in hands-free mode
  • No operator of a motor vehicle shall read or view text, images, or video displayed on a mobile electronic device
While the original ban had some impact, the “hands-free” law went into effect in February 2020, prohibiting drivers from all hand-held phone use—texting, reading, writing, or making phone calls. Under this law, drivers can only talk on their devices using hands-free technology like Bluetooth.
If you’re caught texting and driving by law enforcement in Massachusetts, it’s a primary offense with financial penalties. 
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What are the penalties for texting and driving in Massachusetts?  

If you’re issued a citation for texting and driving in Massachusetts, you can expect to receive a fine, and, depending on the offense, you may have to complete a distracted
driving course
and receive points on your
driving record
(i.e., an insurance surcharge). 
Here’s a breakdown of the penalties for violating the texting and driving law:
Offense
Fine
Other
1st offense
$100
2nd offense
$250
Mandatory completion of a distracted driving course
3rd and subsequent offenses
$500
Insurance surcharge and mandatory completion of a distracted driving course
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Depending on the circumstances, you could also be cited for
reckless driving
, and if a violation leads to a fatality, you may be up against vehicular homicide charges. School bus and public transportation drivers are also subject to a $500 fine per violation.

Are there exceptions to Massachusetts’s texting and driving law? 

Like most laws, there are exceptions in certain circumstances. 
Drivers in Massachusetts can use their mobile devices while operating a vehicle as long as it’s in hands-free mode.
There are also exceptions for mobile device use in response to an emergency. If the driver can prove they were using their phone to contact emergency services, they may not face penalties. According to the state, an emergency constitutes:
  • A disabled vehicle 
  • Medical attention or assistance was required
  • Police, fire, or emergency intervention for the personal safety of the operator or a passenger or to ensure public safety 
  • A disabled vehicle or a car accident was present on a roadway
Use of a mobile phone while operating a motor vehicle does not apply to public safety personnel or emergency first responders operating an emergency services vehicle and engaged in the performance of their duties.

Are there special rules about texting and driving for young drivers? 

Regardless of age, texting and driving is illegal, but
teen Massachusetts drivers
(under 18 years) are subject to slightly different penalties.
The first violation of the cell phone-use law carries a $100 fine and 60-day
license suspension
, and the driver must complete a distracted driver education program. A second offense carries a $250 fine and a 180-day license suspension, and a third or subsequent offense carries a $500 fine and a one-year license suspension.

Can texting and driving raise my insurance premium?

Texting and driving is a lethal combination that can be distracting enough to cause a severe accident—and if you’re caught using your phone behind the wheel, you’re also liable for the potentially hefty fine that comes with a
distracted driving ticket
.
While a first and second texting and driving violation in Massachusetts won’t add points to your driving record, third and subsequent violations of the distracted driving law will in the form of an
insurance surcharge
Points on your insurance are called surcharges, which are applied to your premium if you’re found responsible for a violation or pay a citation. Once you pay the ticket, you can see an increase in your insurance premium for up to six years. That’s because Massachusetts follows an insurance plan called the SDIP (Safe Driver Insurance Plan)—this rewards safe drivers and punishes unsafe ones. 
The SDIP allows an insurance company to offer
car insurance discounts
to drivers who go up to six years without a ticket, but it also allows them to remove discounts for drivers who are cited for violations and increase premiums by about 30% in certain parts of your auto insurance premium. 
So, if you had a safe driver discount applied to your insurance premium and were cited for texting and driving, it’s safe to say you can kiss your discount goodbye. Distracted driving will almost certainly disqualify you from the discount, resulting in an even more significant increase in your premium. 
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FAQs

No—Massachusetts law prohibits drivers from reading, writing, or sending a text message while operating a motor vehicle, but it also bans cellphone use of any kind when the vehicle is stopped at a red light or stop sign.
The Safe Driving Law went into effect in September 2010, and Massachusetts’s hands-free law went into effect on February 23, 2020.
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