Mobile Phone/Texting while Driving Law Effective September 30, 2010

August 23, 2010||inPersonal Insurance|auto insurance, cell phone, hands free, personal insurance

Be aware of the new Massachusetts Safe Driving Law, which goes into effect on September 30, 2010.

The following are some of the main aspects of the law.

Texting or Reading Texts While Driving Prohibition

Operators cannot use any mobile electronic device to write, send, or read an electronic message (including text messages, emails, instant messages, or Internet access) while operating a vehicle. This law applies to drivers of all ages.

Mobile Phone/Texting while Driving Law Effective September 30, 2010
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For a definition of a mobile device, see:

Chapter 155 of the Acts of 2010-An Act Relative to Safe Driving

Massachusetts General Laws Chapter 90, Section 13B

Violation Penalties:

  • 1st Offense – $100 fine
  • 2nd Offense – $250 fine
  • 3rd or Subsequent Offense – $500 fine

Mobile Phone Use Prohibited by Operators Under Age 18

Operators under age 18 cannot use any mobile electronic device for any reason while operating a motor vehicle, with the only exception being that they must report an emergency.

Massachusetts General Laws Chapter 90, Section 8M

Violation Penalties:

  • 1st Offense – $100 fine, 60-day license suspension, and a required attitudinal retraining course
  • 2nd Offense – $250 fine, 180-day license suspension
  • 3rd or Subsequent Offense – $500 fine, one-year suspension

Unsafe or Impeded Operation Due to the Use of a Mobile Phone

Operators over age 18 can use mobile telephones for calls as long as one hand remains on the steering wheel. However, using a mobile device must not interfere with driving and cannot be used for texting.

Massachusetts General Law Chapter 90, Section 13

Violation Penalties:

  • 1st Offense – $35 fine
  • 2nd Offense (within 12 months) – $75 fine
  • 3rd Offense (within 12 months) – $150 fine

NOTE: It is NOT considered a violation if a vehicle is parked in an area of the road that is not meant for driving. In this context, texting or using a mobile phone is not considered a moving violation and is not subject to insurance surcharge.

Negligent Operation and Injury From Mobile Device Use

Personal injury or property damage caused by the negligent operation of a motor vehicle is a criminal offense. If you crashed because you were using a mobile electronic device in violation of the laws as outlined above, you may face criminal charges, including loss of license.

Massachusetts General Law Chapter 90, Section 24

Violation Penalties:

      Junior Operators (under 18 years of age)

  • 1st Offense – 180-day suspension
  • 2nd or Subsequent Offense (within three years) – One-year suspension

      18 years or older

  • 1st Offense – 60-day suspension
  • 2nd or Subsequent Offense (within three years) – One-year suspension

Three Surchargeable Events Suspension

Your license may be suspended if you have three surchargeable events in two years. If you have a third surchargeable event, you must complete a Driver Retraining Course within 90 days of the date of the notification you receive from the RMV.

Required In-Person Drivers License Renewals for Operators Over 75

Operators 75 years of age or older can only renew their driver’s licenses at an RMV branch. They must either pass a vision test or present a completed Vision Screening Certificate.

Source: Mass DOT

NOTE: By sharing this information, Murphy Insurance Agency is not providing legal advice; consult an attorney if you have questions.

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