Hands-free driving is the law: What Massachusetts employers need to do

Beginning in early February 2020, Massachusetts' electronic highway billboards have been reminding all drivers that effective February 23, it's against the law to use any electronic device, including cellphones, while driving unless the device is in hands-free mode. So, why are we bringing this up in a law letter about employers? Keep reading to find out.

Can't touch this!

The new law, frequently referred to as the “hands-free” law, prohibits drivers from operating any cell phone or other electronic device (tablets, laptops and GPS devices included) while in a vehicle unless it is in hands-free mode, except for in extremely limited circumstances. Under the law, the only time touching an electronic device is permitted is to activate hands-free mode, and that's only if the device is installed or properly mounted to the windshield, dashboard, or center console in a non-obstructive manner. Otherwise, hand-held cell use (or other electronic device) is only permitted if the vehicle is both stopped and not located in a public travel or bike lane. It's also permissible to hold a cell phone to call 911 to report an emergency, but drivers are encouraged to pull over and stop first.

Penalties for violating the law are $100 (first offense); $250 and mandatory completion of distracted driving educational program (second offense); and $500, insurance surcharge, and another mandatory completion of the distracted driving program (third offense).

Employers pay big for distracted driving