Articles Posted in Texting While Driving

Driver calling on a cell phone

The Massachusetts hands-free driving law bans this action. Fines start today, April 1, 2020.

As of today April 1, Massachusetts police departments can start to issue citations and fines to drivers who violate the Massachusetts hands-free driving law. We encourage you to follow the Massachusetts COVID-19 “Stay at Home” advisory. But if you have to go out, you can help yourself drive more safely and avoid a fine by checking that your car is set up for hands-free mode. Even better? Read this update, but turn off your cell phone while driving. Many of us are exhausted and out-of-routine. Focus on the roads and what you need to get done, so you can get back home.

So far, many drivers are still picking up phones, despite the new law. During the initial grace period from Feb. 23-Mar. 31, police issued 4,500 written warnings across Massachusetts, according to a state official interviewed by WGBH. The official said drivers must become aware of both the law and that police are watching.

“What seems to be the case is the word has gotten out (about the law) because the police officers I’ve talked to seem to say that everyone who is pulled over says, “Yes, I’ve heard about it. Sorry. My mistake,” said Jeff Larason, director of highway safety at the Massachusetts Executive Office of Public Safety. (Listen to the WGBH segment in full).

Massachusetts passed a texting while driving law in 2010 but lawmakers spent nearly 10 years debating the handheld cell phone ban.

The Massachusetts hands-free driving law was passed by the Massachusetts Legislature in November 2019 and quickly signed by Gov. Charlie Baker on Nov. 29. To help drivers get ready, the state granted an initial grace period. Larason told WGBH 4,500 drivers had received written warnings (broadcast date: March 13). The Boston Globe reported State Police had issued 578 warnings to drivers, in just the first week. On Cape Cod, local police reported 150 verbal or written warnings in the first week (Source: South Coast Today via Cape Cod Times).

What the law allows and bans:

  • The law states drivers cannot use any electronic device, including mobile telephones, unless the device is being operated in hands-free mode.
  • Drivers can only touch cell phones and mobile phones once to activate hands-free mode.
  • Cell phones must be properly mounted to the windshield, dashboard or center console and not impede with operation. This is the only way drivers are allowed to use GPS or voice to text technology such as Bluetooth.
  • Drivers are specifically not allowed to touch phones for texting and emailing. Use of apps, video or Internet is also prohibited.
  • Drivers who are 18 and younger are not allowed to use cell phones behind the wheel. Hands-free is illegal and can result in violation of their Massachusetts Junior Operator’s License.
  • You may be stopped. But you are not allowed to pick up your phone at red lights or stop lights.
  • You can pick up your cell phone and make a call if you are in a stationary position, outside a travel lane or bicycle lane.
  • There is also an exemption for emergency professionals who need to pick up the phone for calls and those calling 911. 911 calls must be taken seriously. The state advises drivers to make every attempt to pull over before calling 911 – even if you are in hands-free mode.

Violations of the Massachusetts Hands-Free Driving Law
Police in Massachusetts can now start issuing tickets. Here are the penalties:

First offense: $100 fine.

Second offense: $250 fine and distracted driving education.

Third offense: $500 fine and distracted driving education.

With a third offense, you may face an insurance surcharge.

Related:

Massachusetts hands-free driving law, Mass.gov


Breakstone, White & Gluck – Boston Personal Injury Lawyers: 800-379-1244

With more than 100 years combined experience, Breakstone, White & Gluck specializes in representing plaintiffs in personal injury cases involving car accidents, truck accidents, pedestrian accidents and bicycle accidents. Our attorneys have extensive experience handling cases for clients injured by negligent use of cell phones and texting while driving. We represent clients across the state of Massachusetts in car accident cases, including in Boston, the North Shore, the South Shore and Cape Cod.

We are open and working remotely for our clients during the state’s COVID-19 advisories. If you have been injured, we are providing free legal consultations at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Woman talking on cell phone in car

Hand-held cell phone use becomes illegal in Massachusetts on Feb. 23, 2020, when the new hands-free law takes effect.

The state of Massachusetts has published a new web page and pamphlet on the new hands-free driving law, which takes effect on Feb. 23rd.

While Massachusetts passed a texting while driving ban in 2010, it was the final New England state to enact hands-free legislation in November. When the new law at last takes effect, drivers will be prohibited from using cell phones and electronic devices, unless they are in hands-free mode or they have to call 911 for an emergency.

Distracting driving is a serious safety threat on the roads, causing 9 deaths and more than 1,000 injuries each day in U.S. traffic crashes, according to the CDC. This goes beyond just cell phone use. Think of it as any activity which takes your eyes off the road, your mind off the road or your hands off the wheel.

Texting while driving and cell phone use cause many injuries each year. If the news stories have not deterred you, the new Massachusetts hands-free law should; it is about to become much easier for police to identify drivers who are using cell phones illegally.

Penalties for violating the Massachusetts hands-free law:

For a driver’s first offense, there is a $100 fine. The second offense carries a $250 fine and drivers must complete a distracted driving education program. Third and subsequent offenses can lead to a $500 fine and drivers will have to attend the education program. At this point, drivers can also face an insurance surcharge.

What becomes illegal under the Massachusetts hands-free law:

No Holding Your Cell Phone. Cell phones must be mounted or installed in your vehicle before you use hands-free technology or voice-to-text communication. Drivers can only touch their cell phones to make an initial swipe to activate hands-free mode.

No Touching Your Cell Phone Screen. Drivers cannot touch cell phones to email, check social media or watch video. All other Internet use and app use is also banned.

Get Your GPS Ready. GPS is a critical tool for many drivers. Going forward, be aware that you can only activate your GPS from an electronic device which is installed in your vehicle or properly mounted on the dashboard.

No Cell Phone Use at Red Lights. You can only pick up your cell phone if your car is stationary and safely outside the travel lane. Hand-held cell phone use at stop signs and red lights is a violation. Along with drivers, cyclists are also banned from using hand-held electronic devices.

Visit the state of Massachusetts web page to learn more.

Our Final Note

Massachusetts drivers must continue to use caution under the new hands-free law. Even if you follow the law, hands-free doesn’t mean distraction- or accident-free.

Free Legal Consultation – Boston Personal Injury Lawyers

Breakstone, White & Gluck is a Boston personal injury law firm with extensive experience handling Massachusetts car accident claims for those injured by negligent driving. If you have been injured, our attorneys are here to advise you of your rights to file a claim against the driver or another party who may be at fault. For a free legal consultation, call Breakstone, White & Gluck at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Woman talking on a cell phone and at risk for causing a distracted driving accident.Massachusetts has finally approved distracted driving legislation. Gov. Charlie Baker signed on Monday, establishing New England as a hands-free driving zone.

According to The Boston Globe, the new distracted driving law will take effect on Feb. 23, 2020. Massachusetts police officers will issue warnings until the end of March, then citations will begin. This transition period is meant to help drivers get used to the new law. Become familiar with Bluetooth and other “hands-free” technologies now, and if you plan to use an electronic device for navigation, purchase a mount for your windshield or dashboard.

Until now, most drivers have been able to pick up cell phones to talk in Boston and across Massachusetts. However, under the 2010 texting while driving ban, drivers cannot text, read emails or use social media. This has helped deter some drivers, but overall, not enough without a handheld cell phone ban.

Come next year, Massachusetts drivers can only use cell phones under limited circumstances. Drivers can use electronic devices on “hands-free” mode (though they do get a single-swipe to activate or de-activate the “hands-free” mode). As we mentioned, they must use Bluetooth or a similar “hands-free” technology and mount navigation devices.

Police officers can stop drivers as a primary offense, which is more leeway than they have in enforcing seat belt use. Officers will be required to collect data – including age, race and gender – when they issue a warning or citation. The state will use this data to monitor potential racial profiling by police departments.

The new Massachusetts distracted driving law brings notable consequences. These alone are good financial motivators for putting down your cell phone.

Under the new law, drivers will be fined $100 for the first offense, $250 for the second offense and $500 for the third offense (and any subsequent offense). Second-offenders have to participate in a driver safety course. Drivers can also face an insurance surcharge.

Safety is the most important point. Cell phone use is responsible for more than 1 of 4 car crashes, according to the National Safety Council. Distracted drivers killed 3,166 people across the U.S. in 2017, according to the National Highway Traffic Safety Administration. These are hard numbers to hear.

Massachusetts now joins every other New England state in improving hands-free cell phone legislation. Maine was the last state to approve legislation this past summer. According to the National Conference of State Legislature, 20 states already have laws which ban handheld cell phone use, so Massachusetts could be the 21st.

Read the law: AN ACT REQUIRING THE HANDS-FREE USE OF MOBILE TELEPHONES WHILE DRIVING, 2019 Mass. Acts 122

Boston Car Accident Lawyers – About Breakstone, White & Gluck

At Breakstone, White & Gluck, our Boston car accident lawyers have over 100 years combined experience and provide expert investigation into car crashes involving negligent cell phone use. We represent clients who have been injured by negligent driving across Massachusetts, including in Boston, Cambridge, Somerville, Quincy and Braintree. South of Boston, our attorneys have represented numerous clients, including those injured in Brockton, Plymouth and Cape Cod, as well as in Framingham, Worcester and north of Boston, Salem, Peabody, Newburyport and Saugus.

If you have been injured, learn your legal rights. Call 800-379-1244 or 617-723-7676 or use our contact form.

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20191015-teendriving National Teen Driver Safety Week will begin Sunday. While your teen may learn about this topic at school, parents can also become involved and learn alongside teens. Parents influence their children in many ways. If you can influence the discussion on safe driving, you could save a life.

It’s a well-known and tragic fact: motor vehicle crashes are the leading cause of death for teens. In 2017 alone, 2,526 teens were killed in crashes, according to the to the National Highway Traffic Safety Administration (NHTSA).

This is the 12th year that National Teen Driver Safety Week has been observed. Two Pennsylvania lawmakers, Congressman Charlie Dent (R-PA) and Senator Bob Casey (D-PA), introduced the legislation establishing the annual event in October 2007.

National Teen Driver Safety Week highlights many topics, including graduated licensing laws, distracted driving, speeding and obeying fundamental traffic laws. It also provides resources on helping teens through their first few weeks as a licensed driver, along with handling stressful and emotional driving situations, including car accidents. Visit teendriversource.org to learn more.

State Graduated Driver Licensing (GDL) Laws

We are going to write about graduating licensing laws because these are the foundation for teaching teens to drive safely. All 50 states have a law in place, but these vary in restrictions, according to the Insurance Institute for Highway Safety (IIHS). Florida was the first state to adopt a graduated licensing law for teens in 1996. Massachusetts lawmakers approved a Junior Operator Law in 2007, which increased driving training requirements and penalties.

The law places restrictions on teens with licenses between the ages of 16 ½ and 18. First, as you may know if you are a parent, teens have to obtain a learner’s permit. Next comes 30 hours of classroom training on Massachusetts motor vehicle laws and safe driving techniques. Beyond the classroom, there is another 18 hours of instruction, including 12 hours behind-the-wheel and 6 hours of observation.

Here are some of the restrictions under the Massachusetts Junior Operator Law:

Passenger Restriction. Teens are not allowed to drive with other passengers under age 18 until they have been licensed for 6 months. There is an exception for siblings.

Night Driving Restriction. Another restriction is teens cannot drive between the hours of 12:30 a.m. and 5 a.m.

Cell Phone Use Restriction. Teen drivers cannot use cell phones or mobile electronic devices. Texting while driving is also prohibited, for all other drivers in Massachusetts.

Teens can expect to receive a significant license suspension if they violate these restrictions. For instance, there is a 60-day license suspension if your teen is caught driving between 12:30 and 5 a.m. There is a 90-day suspension for a first offense of speeding. For the second offense, there is a full-year suspension.

Massachusetts’ Junior Operator Law violations

Visit teendriversource.org for more on National Teen Driver Safety Week.

Fewer Teen Drivers
In recent years, Massachusetts has actually reported a reduction in teen deaths and non-fatal injuries in drivers age 16 and 17. This is a positive development, except when you look closer. There has actually been an increase in hospital rates for crash injuries in drivers between 18 and 20 years old. The state and a Boston Globe analysis attribute this to the fact that many teens are now waiting to get their license until age 18. By doing so, teens can skip driver’s education, which became more expensive and time-consuming when the Junior Operator Law took effect.

If your teen delayed getting their license, make sure they take time to learn the fundamentals and get the practice they need. Driver’s education is a critical component to developing a safe driver.

About Breakstone, White & Gluck – Experienced Boston Car Accident Lawyers
The Boston personal injury lawyers at Breakstone, White & Gluck specialize in representing those injured in motor vehicle crashes in Massachusetts. With over 100 years combined experience, our car accident lawyers have the expertise to guide our clients to the best financial results in case involving motor vehicle accidents and truck crashes.

For a free legal consultation, contact us at 800-379-1244 or 617-723-7676. You can also use our contact form.

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Teen driver and teen passenger sitting in front seat of car, using cell phones.

A recent study shows teen drivers are more likely to cause crashes resulting in injury or death during the summer months.

When your teen driver picks up the keys, you may casually say, “Have fun and be safe.” But this is when your worry sets in.

In this blog, Breakstone, White & Gluck reports on the latest research on teen drivers along with essential safety fundamentals to share with your family. Our partners each have more than 35 years of experience representing those who have been injured by negligent drivers in Boston, Cambridge and across Massachusetts. To avoid these tragedies, we encourage parents to play an even more proactive role to encourage safety during the summer months.

AAA Foundation for Traffic Safety “100 Deadliest Days” Study

A new study reports two-thirds of people injured or killed in car crashes involve a teen driver. The AAA Foundation for Traffic Safety released this figure as part of its “100 Deadliest Days” report on the period from Memorial Day to Labor Day. During the past five years, nearly 3,500 people have been killed in crashes caused by teens during the summer months, according to AAA.

More than a quarter of the teen driving crashes were caused by speeding. Teens who were drinking and driving caused 17 percent of the deadly collisions while distracted driving behaviors caused 9 percent of the deaths.

Other findings:

  • Teen drivers, age 15-18, are 17 percent more likely to cause a fatal car crash in the summer than other times of the year.
  • The legal age for consuming alcohol is 21 years old in every state. Yet 1 in 6 teens involved in fatal summer crashes tested positive for alcohol.
  • More than 52 percent of teens participating in AAA’s research reported they had read a text message or email while driving in the past 30 days. Another 40 percent admitted to sending one.
  • As part of its research, AAA used in-vehicle dash cameras and found 58 percent of teens who caused a crash were engaged in distracted behaviors. This was four times as high as federal estimates.

Other research goes deeper, showing teen drivers crash nearly 4 times as often per mile as drivers age 20 and up (Insurance Institute of Highway Safety.) The younger the driver, the more likely they are to crash due to inexperience or risky behaviors. Even a couple years can make a significant difference. For instance, the crash rate for 16-year-old drivers is 1.5 times as great as for 18- and 19-year-olds.

A few tips for your family:

Teen driving agreement. If you have never done so, now is a good time to have your child sign a teen driving agreement. Don’t just get a signature. Ask your teen to read each point out loud and ask if they understand or have any questions. 

Massachusetts Junior Operator Law. Remind your teen that they have additional restrictions under the state’s junior operator law. If they violate the law, they may be cited and the infraction will go on their driving record. There is nothing you can do to help them at that point unless you plan to hire a criminal defense lawyer and attempt to challenge the citation.

For the first six months, drivers age 16 ½ to 18 cannot carry passengers under the age of 18, except for family members. The law also bans junior operators from driving between the hours of midnight and 5 a.m. and cell phone use is not allowed for any reason. There are additional consequences for driving under the influence of alcohol, speeding or drag racing.

Drinking and Driving. Explain to your teen that there is a zero tolerance policy for drinking and driving in your home. Encourage them to avoid parties where there are a large number of teens or where teens may be drinking.

At the same time, they should never get in the car with a friend who has been drinking and you will do everything you can to help them get home safely in situations involving alcohol. Come up with an emergency plan together now before there is a crisis situation.

Drive with your teen. Ask your teen to tag along when you go to the grocery store or mall. Show them how you handle the parking lot or the busy intersection where you need to watch for cyclists and pedestrians. Talk through some of the steps out loud. Then, give them the wheel on the way home. 

Set a good example. Do not heavily consume alcohol and never drive if you do. Put your cell phone in the back seat when you drive. If your teen calls, say, “I was driving and couldn’t talk.” If you use a hands-free driving device, consider limiting use while your teen gets started on the road. 

About Breakstone, White & Gluck

At Breakstone, White & Gluck, our Boston car accident lawyers have over 100 years combined experience. Our lawyers are committed to providing aggressive representation and obtaining the best possible financial results for clients – in every case. We represent clients injured by car crashes and in truck accidents in Boston, Cambridge, Somerville and across Massachusetts.

For a free legal consultation, contact us at 800-379-1244 or 617-723-7676 or use our contact form.

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textingincar-c-300Here is another reason for Massachusetts and other states to consider passing laws which ban handheld cell phone use by drivers. A new study reports one in four drivers who crashed was using a cell phone within the previous minute. Cambridge Mobile Telematics released the study last week to coincide with April’s Distracted Driving Awareness Month.

Our country needs a reminder this year. Motor vehicle accident deaths are on the rise, as the National Safety Council reported nearly 40,000 deaths in traffic crashes last year. In fact, the period from 2014 to 2016 saw the largest two-year increase in more than 50 years.

Meanwhile, this year has already seen hundreds of deaths across the U.S. Just last month came a horrific accident in Texas. A driver in Uvalde County, who was texting while driving his pick-up truck, crashed into a church bus, killing 13 people. Texas is one of 5 states which do not ban texting while driving.

Driving talking on a cell phone in car

As attorneys, we have represented hundreds of victims of motor vehicle crashes over the past three decades. In recent years, we have seen texting while driving and cell phone use by drivers multiply at an alarming rate, causing a stunning number of injuries and deaths. These injuries are preventable, but each year, drivers continue to reach for their phones and the toll rises.

According to the US Department of Transportation, cell phones are now involved in 1.6 million auto crashes each year, injuring 500,000 people and causing 6,000 deaths. While many states have already passed legislation to reduce distracted driving accidents, some are now considering additional measures, including Massachusetts.

Massachusetts lawmakers passed the Safe Driving Law in 2010, which banned texting while driving. There was no further action until January 2016, when the Massachusetts state Senate passed a bill banning handheld cell phone use. The ban would have allowed drivers to use hands free technology to dial and talk. According to the State House News Service, the Massachusetts House of Representatives gave initial approval to a similar bill but the legislation stalled.

With Governor’s Comments, Handheld Cell Phone Debate Returns to the News

Massachusetts State HouseThere was no update for several months. Then Governor Charlie Baker spoke in February, indicating he may not support a handheld ban.

“I don’t want to get out of the business of making it possible for people to talk to other people when they’re driving. Because I think the texting thing is a big problem. I’m not sure I believe that the talking thing is,” Baker said during his “Ask the Governor” segment on WGBH Thursday. His comments were published by the State House News Service.

When the show’s co-host noted that drivers could use hands-free Bluetooth devices, Baker said:

“So now we’re just going to let people who can afford to put a Bluetooth in their new car to have the ability to talk when they’re in a car?” Baker responded. “But we’re not going to let anybody else? Hmm. Let me think about that one a little.”

Following the interview, The Boston Herald called on state lawmakers to resume their work to ban handheld cell phones: “Drivers in Massachusetts have proven that when it comes to using their phones behind the wheel they’re incapable of regulating themselves.”

When texting while driving was banned in 2010, texting was the major concern for distracted driving, the Herald wrote. Today, more people have smartphones which offer quick access to social media and other apps.

How Widespread is Texting While Driving in Massachusetts?
Critics say enforcement for Massachusetts’ texting while driving ban is challenging when drivers can hold their phones to talk, but not for other purposes. Police have worked through some of these issues. According to a Boston Globe analysis, Massachusetts police officers wrote 6,131 tickets in 2015, compared to 1,153 in 2011, the first year of the ban. Overall, between late 2010 and mid-April of 2016 when the analysis was published, 18,383 tickets were issued for texting while driving in Massachusetts.

Drivers under 40 years old received the most tickets and many drivers got caught during Distracted Driving Awareness Month, when many local police departments receive safety grants for enforcement.

Where Proposed Legislation Now Stands in Massachusetts

Massachusetts is one of 46 states which have texting while driving laws. Just 14 states also ban handheld cell phone use, according to the National Conference of State Legislatures. New Hampshire, Vermont and Connecticut are among the early adopters.

Expect to hear more debate about a handheld cell phone ban in Massachusetts at some point in the future. While Governor Baker has voiced reservations, when the 2017-2018 legislative session began in January, the Massachusetts House of Representatives referred legislation for hands-free cell phone devices to the Legislature’s Joint Committee on Transportation.

Where to Find Distracted Driving Safety Campaigns and Information 

No Cell Phone in Car Pledge

Safety campaigns are critical to preventing distracted driving accidents. There are many out there, offering programs for schools and information online.  One effort is from the Massachusetts Academy of Trial Attorneys (MATA), which brings its “End Distracted Driving” program to high schools. We support this campaign. Two of our partners, Marc L. Breakstone and Ronald E. Gluck, serve on the MATA Board of Governors. Partner David W. White is a long-time member.

Another effort comes from the National Highway Traffic Safety Administration (NHTSA), which offers this pledge which family members can sign to promise each other they will not use a cell phone while driving.

 

Distracted Driving Prevention and Safety Campaigns:

Distraction.gov: Official U.S. website for distracted driving.

It Can Wait!: AT&T’s documentary to stop distracted driving.

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As students head back to classes, this is a good time for families to talk about cell phones and distracted driving.

20150831_distracteddriving.jpg

Each day, nine people are killed in the U.S. in crashes involving distracted driving behaviors, such as using a cell phone, texting while driving or eating. More than 1,100 are injured.

There are now 46 states which ban texting while driving, including Massachusetts, which banned the practice in 2010. Junior operators are not allowed to use cell phones at all in Massachusetts.

For Parents

No Cell Phone Rule. Lead by example. Put your cell phone away while driving your children to school. Tell them to put theirs away too because it creates a distraction for you on the roads. Make this a rule for school drop-offs and pick-ups. If you can, extend it to other travel times.

Drop-Off Zone. After you drop your child off at school, resist the urge to immediately check your cell phone in the drop-off zone. Drive away and check later.

Children and Teens

No Cell Phone Use While Commuting. Keep telling your children the cell phone is not for use while commuting to school. Even if they are young and many years away from driving, they can learn now how distracting any cell phone use can be in the car.

Children should not use cell phones while walking or riding bikes to school, either. They can check in with social media, e-mail and text messages at home. If they must, tell them to step several feet off the sidewalk. Make it clear it is not safe to stop in a parking lot.

School Bus. Encourage your child to keep their cell phone packed on the ride so they can be aware of what is going on around them.

Reward Your Child For Not Using a Cell Phone. When your children do as you ask and leave the cell phone packed up, let them know you noticed.

Teen Drivers

Talk to Your Teen Drivers. Take some time to remind them not to use their cell phone behind the wheel. They could seriously injure someone or be stopped by police and face fines and a temporary loss of license.

No Passengers. Do not allow them to carry other teenage passengers with them until they become experienced drivers, and even then they should limit the number of passengers in their cars. Your teenager needs all their energy to focus on the roads and avoid car accidents.

Your teenager may not be happy with your rules, but younger drivers under 25 are two to three times more likely to text or e-mail while driving than others, according to the National Highway Traffic Safety Administration. You want to protect your teenager and help them develop safe habits.

Share Safety Materials. Do not be your teen’s only source of information. Occasionally share safety campaign information or news articles about texting while driving with them. One resource is the AT&T It Can Wait campaign.
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Texting while drivingDrivers may claim they are not texting behind the wheel. But Massachusetts State Police say that at least 440 of them were doing just that in June.

State Police cited these drivers over three weeks in the Merrimack Valley, part of a federally funded enforcement grant involving 12 communities. Another 509 drivers were ticketed for impeded operation, after being caught engaged in distractions such as reading and grooming while driving.

The numbers are notable as today marks three years since the Safe Driving Law took effect in Massachusetts, placing new restrictions on drivers under 18 years old and banning all drivers from texting while driving. Three years later, how well are you complying with the law?

The law bans texting by drivers, including reading, writing or sending messages. This includes text messages, e-mails and messages sent through social media sites such as Facebook and Twitter. Drivers cannot text while driving or sitting at red lights, intersections or on other public ways. Texting while driving is a primary offense, meaning police can pull drivers over when they suspect the behavior.

The law also covers more than cell phones. It bans communicating through any device while you are driving, including tablet computers and laptops.

Fines for Texting While Driving in Massachusetts
Drivers are permitted to talk on cell phones in Massachusetts. But operators under 18 years old are banned from all cell phone use, a measure passed as part of the Safe Driving Law.

One area of confusion with the texting while driving ban has been the use of GPS, especially GPS apps in smartphones. The Registry of Motor Vehicles reported back in 2010 that such use was not a violation of the law, though State Police said they would use discretion with GPS units and could cite drivers for “unsafe operation.”

Across the country, 41 states ban texting while driving. Fines in Massachusetts drivers are $100 for the first offense, $250 for the second and $500 for third and all subsequent acts. When a driver causes serious injury or death as a result of texting, they can also face criminal charges.

One Massachusetts newspaper has called for more. In today’s edition, the Worcester Telegram & Gazette noted that drivers who violate the law do not face any impact on their license or auto insurance rates and called on the Legislature to strengthen laws.

“To create a true deterrent, lawmakers must strengthen the penalties, particularly for second and subsequent offenses,” the Telegram & Gazette wrote.

Maybe the Legislature will review the law. Enforcement will continue. State Police have launched Phase 2 of their “Text with one hand, ticket in the other,” campaign in the Lowell and Merrimack Valley area.

But the discussion goes beyond a $100 ticket to safety and responsibility on the road. Any cell phone use that takes a driver’s attention off the road is negligent and can cause a car accident resulting in serious injuries or death. So we ask again. Have you complied with the law? Are there are additional steps you could take?

If you have any doubts about safety, or the terrible effects three seconds of inattention might bring, please watch this video: “From One Second To The Next,” by Werner Herzog. It is part of AT&T’s It Can Wait campaign.

Related:
Texting While Driving Crackdown Nets 440, Lowell Sun.

Tougher penalties needed, Worcester Telegram & Gazette.

Safe driving law applies to more than just texting behind the wheel, The Boston Globe.
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Texting while drivingWe suggest parents now talk to your children about the rules for getting to and from school safely. No skipping over the hard part: talking about when everyone, parents and children alike, should put down the cell phone.

Walking to School. Encourage your child to use sidewalks and crosswalks with crossing guards or walk signals. Agree on a route with your child and never let them walk alone. Every year, drive or walk the route yourself so you can identify any problems.

Bicycling. Make sure your child wears a helmet – it’s the law and it’s common sense. While your child has many of the same rights as a driver, remind them to take it slow in parking lots or and when passing cars. They should learn to make eye contact with drivers in their vicinity–that way they can read the intention of the driver more clearly. Read about Massachusetts law for bicyclists.