What Is the Massachusetts Hands-Free Driving Law?

The Massachusetts hands-free law is M.G.L. c. 90, sec. 13B, and it says two separate things. No driver may hold a mobile electronic device, and no driver may use one unless it is operating in hands-free mode. Holding the phone is itself the violation, so a driver who is stopped at a red light with the phone in hand is in violation even if the screen is dark and no call is in progress. The one screen a driver may look at is a navigation display, and only when the device is “mounted on or affixed to a vehicle’s windshield, dashboard or center console in a manner that does not impede the operation of the motor vehicle.” Fines run one hundred dollars for a first offense, two hundred fifty for a second, and five hundred for a third or subsequent offense, with a driver behavior program required after a second offense. First and second offenses are not surchargeable on a motor vehicle insurance policy; a third or subsequent offense is. Drivers under 18 are covered by a stricter statute, M.G.L. c. 90, sec. 8M, which bans any use at all and adds license suspensions. To talk through a crash involving a distracted driver, call Jim Glaser Law at (617) JIM-WINS; the first telephone consultation is free.

Two Prohibitions, Not One

Most people describe the hands-free law as a ban on texting while driving. That description is too narrow and it causes drivers to misjudge what is legal.

Section 13B contains two distinct commands. The first is that “no operator of a motor vehicle shall hold a mobile electronic device.” The second is that “no operator of a motor vehicle shall use a mobile electronic device unless the device is being used in hands-free mode.” The first prohibition has nothing to do with what the phone is doing. A phone in the hand of a driver is the violation, full stop. Picking it up off the passenger seat to move it, holding it while it charges, holding it to see who is calling, and holding it while stopped in traffic are all covered by the plain language.

The second prohibition governs use. Even without holding the device, a driver may not use it in a way that is not hands-free, and the statute separately makes clear that a driver may not read or view text, images, or video on the device. The combination is what makes Massachusetts a genuine hands-free state rather than a texting-only state.

There is one screen exception, and it is narrow. A driver may view a map or navigation display, but only where the device is mounted on or affixed to the windshield, dashboard, or center console in a way that does not impede operation of the vehicle. A phone held up in the hand, wedged in a lap, or balanced on a knee does not qualify no matter what app is open.

What “Hands-Free Mode” Actually Means

The definition matters, because it is more permissive than many drivers assume in one respect and stricter in another. Under M.G.L. c. 90, sec. 1, hands-free mode is the “operation of a mobile electronic device by which a user engages in a voice communication or receives audio without touching or holding the device; provided, however, that a mobile electronic device may require a single tap or swipe to activate, deactivate or initiate the hands-free mode feature.”

Two points follow. First, a single tap or swipe to start or end a hands-free call is permitted by the definition itself. The law does not require a driver to operate entirely by voice. Second, everything past that single tap is not covered. Scrolling contacts, typing an address, choosing a playlist song by song, or reading a message thread is not a single tap to initiate hands-free mode, and none of it becomes lawful because the phone happens to sit in a mount.

The definition of “mobile electronic device” in the same section is broad. It covers a mobile telephone, a text messaging device, a paging device, a personal digital assistant, a laptop, gaming equipment, a device that takes or transmits digital photographs, and equipment capable of receiving a television broadcast. It excludes audio equipment and equipment permanently installed in the vehicle for navigation, emergency assistance, or rear-seat video entertainment. In plain terms, the built-in factory screen and the car’s own audio system are treated differently from the phone in the driver’s pocket.

Answer Capsule

The Massachusetts hands-free law is M.G.L. c. 90, sec. 13B. It prohibits a driver from holding a mobile electronic device at all, and prohibits using one unless it is in hands-free mode, which M.G.L. c. 90, sec. 1 defines as voice communication or audio without touching or holding the device, allowing a single tap or swipe to activate or deactivate that mode. A driver may view a navigation map only when the device is mounted on or affixed to the windshield, dashboard, or center console in a manner that does not impede operation of the vehicle. Fines are one hundred dollars for a first offense, two hundred fifty dollars for a second, and five hundred dollars for a third or subsequent offense; a second or subsequent offense also requires completing a program selected by the registrar of motor vehicles that encourages a change in driver behavior. First and second offenses are not surchargeable incidents under a motor vehicle insurance policy, and a third or subsequent offense is. Drivers under 18 fall under M.G.L. c. 90, sec. 8M, which bans holding or using any mobile device and adds license suspensions of 60 days, 180 days, and one year. Emergency use is an affirmative defense. Call Jim Glaser Law at (617) JIM-WINS; the first telephone consultation is free.

The Penalties, and the Surcharge Question

The fine schedule under section 13B is straightforward. A first offense carries a fine of one hundred dollars. A second offense carries two hundred fifty dollars. A third or subsequent offense carries five hundred dollars.

The money is often not the part that matters most. Two other consequences do more work.

First, an operator who commits a second or subsequent offense is “required to complete a program selected by the registrar of motor vehicles that encourages a change in driver behavior.” That is a time commitment and, depending on the program, an additional cost.

Second, the insurance treatment steps up. Section 13B provides that a first or second offense is not a surchargeable incident under a motor vehicle liability policy. A third or subsequent offense is a surchargeable incident, which means it can drive premiums up for years, typically well past the value of the ticket itself.

The statute also includes a limit on enforcement authority worth knowing: nothing in it authorizes the seizure or forfeiture of a mobile telephone or mobile electronic device. An officer writing a hands-free citation is not entitled to take the phone.

Whether a civil motor vehicle infraction like this counts as a crime is a common follow-up question, and the answer is generally no. The distinction between a civil infraction and a criminal charge in Massachusetts driving law is covered in is speeding a crime in Massachusetts.

Drivers Under 18 Are Under a Different, Stricter Statute

Junior operators are not governed by section 13B’s hands-free allowance. They are governed by M.G.L. c. 90, sec. 8M, and the rule is absolute: no person under 18 years of age may hold in their hand or use a mobile telephone, hands-free mobile telephone, or mobile electronic device while operating a motor vehicle on a public way. There is no hands-free carve-out for a driver under 18. A Bluetooth call that is perfectly legal for a 30-year-old is a violation for a 17-year-old.

The penalties reflect that. A first offense carries a one hundred dollar fine and a 60-day license or permit suspension, plus completion of a program selected by the registrar aimed at attitudinal change in young drivers before reinstatement. A second offense carries a two hundred fifty dollar fine and a 180-day suspension. A third or subsequent offense carries a five hundred dollar fine and a one-year suspension.

For a family with a newly licensed driver, the suspension is the real penalty. A 60-day suspension on a first offense affects school, work, and the cost of insurance long after the fine is paid.

The Emergency Exception

Both statutes contain an affirmative defense for emergency use. Evidence that the device was used in response to an emergency is a defense, and the statute describes the qualifying circumstances: reporting a disabled vehicle, summoning medical attention or reporting a medical emergency, reporting a need for police or other emergency services, or reporting a hazard in the roadway.

Two features of that defense are easy to miss. It is an affirmative defense, meaning the driver has to raise and support it rather than the government having to disprove it. And it is tied to reporting the emergency, not to convenience. Calling ahead because you are running late, or answering a call that turns out to be about something urgent, is not the same thing as calling to report a disabled vehicle or a medical emergency.

Public safety personnel and emergency responders using devices in the performance of their duties are separately exempt.

Why the Hands-Free Law Matters After a Crash

The ticket is only half the story. For anyone injured by a distracted driver, section 13B does real work in a civil claim.

Massachusetts treats the violation of a safety statute as evidence of negligence. Proving that the other driver was holding a phone at the moment of impact is not an automatic win, and the statute does not make the driver liable by itself. What it does is give a concrete, objective standard the driver failed to meet, which is far more persuasive to an adjuster or a jury than a general argument that someone was not paying attention.

Proving it is a separate exercise. The useful evidence includes the police crash report and any citation issued, the driver’s own statements at the scene, witness accounts of a driver looking down, video from nearby businesses or dash cameras, and in litigation, phone records and device data showing activity in the seconds before impact. That data is not available by simply asking; it usually requires formal legal process, which is one reason acting early matters in a suspected distracted driving crash.

The reporting and evidence steps after any Massachusetts crash are covered in how to report a car accident in Massachusetts, and how blame gets assigned when both drivers point at each other is covered in how fault is determined in a Massachusetts car accident. If the distracted driver turns out to have little or no coverage, the analysis shifts to your own policy, which is the subject of uninsured and underinsured motorist coverage in Massachusetts.

Because Massachusetts uses modified comparative negligence under M.G.L. c. 231, sec. 85, an injured person who was partly at fault can still recover if their share is 50 percent or less, with the recovery reduced by that percentage. The details are in Massachusetts comparative negligence.

Practical Compliance, Without Guesswork

The safest reading of the law is also the simplest one to follow. Put the phone in a mount before the car moves. Start navigation before pulling out. Use a single tap or swipe to answer or end a call, and nothing more. Do not read messages, even at a light, and even with the phone in a mount, because the statute prohibits reading or viewing text, images, and video and does not carve out stationary traffic. If something genuinely needs the phone, pull over somewhere safe and stop.

If you were hurt by a driver who was on a phone, the first conversation costs nothing. Jim Glaser Law can be reached at (617) JIM-WINS, a line answered 24 hours a day, and the first telephone consultation carries no charge. If it is easier, you can ask to have the firm reach out to you instead.

Frequently Asked Questions

Q: Can I hold my phone at a red light in Massachusetts?

A: No. M.G.L. c. 90, sec. 13B prohibits an operator from holding a mobile electronic device, and the prohibition is written in terms of holding rather than driving speed. A driver stopped at a light or in stopped traffic is still operating the vehicle, so picking the phone up to check a message or see who called is the violation the statute describes. The practical rule is that the phone belongs in a mount or out of reach from the moment the car is in operation.

Q: What is the fine for violating the Massachusetts hands-free law?

A: One hundred dollars for a first offense, two hundred fifty dollars for a second, and five hundred dollars for a third or subsequent offense. A second or subsequent offense also requires completing a program selected by the registrar of motor vehicles that encourages a change in driver behavior. First and second offenses are not surchargeable incidents under a motor vehicle insurance policy, but a third or subsequent offense is, which usually costs far more over time than the fine.

Q: Am I allowed to use my phone for GPS navigation?

A: Yes, within limits. Section 13B permits viewing a map generated by a navigation system, but only when the device is mounted on or affixed to the windshield, dashboard, or center console in a manner that does not impede operation of the vehicle. Holding the phone to look at directions is not permitted. Entering a destination while driving is also not covered by the single tap or swipe allowance, so the address goes in before the car moves.

Q: Does the hands-free law apply differently to drivers under 18?

A: Yes, and it is much stricter. M.G.L. c. 90, sec. 8M prohibits any person under 18 from holding in their hand or using a mobile telephone, hands-free mobile telephone, or mobile electronic device while driving on a public way. There is no hands-free exception. Penalties are a one hundred dollar fine and a 60-day suspension for a first offense with a required program before reinstatement, two hundred fifty dollars and 180 days for a second, and five hundred dollars and one year for a third or subsequent offense.

Q: What counts as an emergency under the law?

A: The statute makes emergency use an affirmative defense and describes the qualifying situations: reporting a disabled motor vehicle, summoning medical attention or reporting a medical emergency, reporting a need for police or other emergency services, or reporting a hazard in the roadway. Because it is an affirmative defense, the driver has to raise it and support it. General urgency, such as calling to say you are running late, does not fit the statute.

Q: Can a police officer take my phone to check it?

A: Not under this statute. Section 13B expressly states that nothing in it authorizes the seizure or forfeiture of a hands-free mobile telephone or a mobile electronic device. Separately, in a civil injury case, phone and device records generally have to be obtained through formal legal process rather than by request, which is one reason a suspected distracted driving crash benefits from early attention.

Q: If a distracted driver hit me, does the ticket mean I automatically win?

A: No. A violation of a safety statute is evidence of negligence in Massachusetts, not automatic liability. It is strong evidence, because it measures the driver against a specific legal standard instead of a general one, but the injured person still has to prove causation and damages. The citation, the crash report, witness accounts, video, and where available the device records are what turn the violation into a proven claim.

Q: I was partly at fault in a crash with a distracted driver. Can I still recover?

A: Often yes. Under M.G.L. c. 231, sec. 85, Massachusetts follows modified comparative negligence with a 51 percent bar. If your share of the fault is 50 percent or less, you can recover, reduced by your percentage of fault. At 51 percent or more, you recover nothing. Because that percentage determines the dollars, insurers argue about it hard, and evidence that the other driver was holding a phone tends to move the number in the injured person’s favor.

Q: Is Jimmy Knows AI giving me legal advice?

A: No. This article provides general Massachusetts legal information, not legal advice for your specific situation. For advice about your particular claim, call Jim Glaser Law at (617) JIM-WINS.