--- title: Insurance Blog | Dempsey Insurance Agency | Hand's Free Driving in Massachusetts description: Hand's Free Driving in Massachusetts | The Demsure blog is designed to offer advice that can help you to understand your insurance from auto collision coverage, condo loss assesment to umbrella policies --- [![DEM Header Logo.png](https://www.demsure.com/hs-fs/hubfs/2018%20Redesign/DEM%20Header%20Logo.png?width=460&name=DEM%20Header%20Logo.png "DEM Header Logo.png")](https://www.demsure.com/) # Dempsey Insurance Agency Blog ## [Massachusetts Has A Hands-Free Driving Law: Four Items Everyone Needs To Know](https://www.demsure.com/blog/massachusetts-has-a-hands-free-driving-law-four-items-everyone-needs-to-know) [Kate Dempsey](https://www.demsure.com/blog/author/kate-dempsey) Dec 3, 2019 11:46:20 AM [**0](https://www.demsure.com/blog/massachusetts-has-a-hands-free-driving-law-four-items-everyone-needs-to-know#comments-listing) [![After signing bill, Massachusetts Governor Charlie Baker congratulating legislators and family members who supported the hands free driving law banning holding cell phones while driving. ](https://i0.wp.com/agencychecklists.com/wp-content/uploads/2019/11/Gov.-Baker-congratulating-at-the-signing.jpg?zoom=2&resize=650%2C435&ssl=1) ](https://www.demsure.com/blog/massachusetts-has-a-hands-free-driving-law-four-items-everyone-needs-to-know) ### Governor Baker has signed the Hands-Free Driving Bill into law Massachusetts finally has a hands-free driving law. Yesterday afternoon, Governor Baker signed, as expected, a bill enacted by the Legislature on November 20, 2019, entitled “An Act Requiring The Hands-Free Use Of Mobile Telephones While Driving.” The law does not have an emergency preamble so it will not take effect until Sunday, February 23, 2020, ninety days from November 25th. Massachusetts newly enacted Hands Free Driving law amends M.G.L. c. 90, § 13B and states that, “No operator of a motor vehicle shall hold a mobile electronic device” or “use a mobile electronic device unless the device is being used in hands-free mode.” The statute defines “hands-free mode” as use without the user holding or touching the device except to initiate the hands-mode feature of the device. The law which applies to both operators of motor vehicles and bicycles does allow “emergency” use of a hand-held device to report that: - The vehicle was disabled; - Medical attention or assistance was required; - Police intervention, fire department or other emergency services were necessary for the personal safety of the operator or a passenger or to otherwise ensure the safety of the public; - a disabled vehicle or an accident was present on a roadway. Massachusetts Governor Charlie Baker congratulating legislators and family members who supported the hands-free driving law banning holding cell phones while driving. At a State House ceremony, attended by families who had lost loved ones to distracted drivers using cellphones and the legislators who pushed a comprise through to the Governor’s desk, His Excellency the Governor signed the distracted driving bill stating, “This bill is a major step in our ongoing work to keep our roads safe. We are especially grateful for the many advocates and families who passionately fought for this bill. We look forward to working with our legislative colleagues to make more progress in this area soon.” ### The passage of a hands-free driving law has been a long process There’s 1 distracted driving incident per minute in front of MA’s State House according to True Motion Massachusetts legislators have long sought to enact a law addressing this issue, but have sparred over various issues such as data collection included as part of the proposed bill. Last Monday, November 18th, however, a new movement to enact a law on this issue began in the House. After several compromises, a version ultimately passed the Senate and the bill was laid before the Governor late last week. According to [Cambridge-based telematics company True Motion](https://gotruemotion.com/), which has long supported such a bill, there is “…one distracted driving incident per minute in front of Massachusetts’ State House.” On July 23, 2018, the company reported in [a blog post ](https://gotruemotion.com/blog/theres-1-distracted-driving-incident-per-minute-in-front-of-mas-state-house/)that it had sat in front of the State House, at the corner of Beacon and Park Streets every day from 8:30 to 9:30 AM for a week counting distracted drivers. “This included anyone who was using their phone texting (illegal), dialing (legal), and making handheld phone calls (legal then).” After a week’s time, the start-up said it had counted over “…300 distracted driving incidents in just 5 hours – one per minute.” ### A third-offense under the New Hands-Free Driving Bill Will Result in a Surcharge According to the terms laid out in the new Bill, a first-time violation with result in a $100 fine, a second offense will be a $250 fine, followed by a $500 fine for a third or subsequent offense. While a first or second offense is not categorized as a “surchargeable incident” under the statute, a third or subsequent office will be considered as such. (*e) A first or second offense under this section or section 8M shall not be a surchargeable 66 incident under section 113B of chapter 175 or under a motor vehicle liability policy as defined in 67 section 34A that is issued pursuant to said chapter 175; provided, however, that a third or 68 subsequent offense under this section or section 8M shall be a surchargeable incident under said 69 section 113B of said chapter 175 or under a motor vehicle liability policy as defined in said 70 section 34A that is issued pursuant to said chapter 175. * After a second or subsequent offense, operators will be required to complete an educational program on distracted driving prevention. ### Short grace period for first-time offenders until March 31, 2020 Although the law will take effect on February 23, 2020, first-time violators cited from February 23, 2020 until March 31, 2020, will receive warnings. The enactment provision of the law provides, “notwithstanding any general or special law to the contrary, an operator of a motor vehicle shall be issued a warning for a first violation…for conduct other than the typing or reading of an electronic message occurring after the effective date of this act until March 31, 2020, inclusive.” ### Other provisions included in the newly enacted law Another major issue that has prevented earlier Hands-Free Driving Bills to pass was the issue of data collected as part of the enforcement of a potential hands-free bill. In particular, those opposed to wide data collection feared that such information could be used for purposes such as racial profiling. The Bill, however, includes various provisions dealing with the collection and storage of data as well as safeguards in which to prevent potential misuse of the information collected. The new law also requires the Secretary of Public Safety and Security to issue an annual public report based on the data collected throughout the year. ### How to access a copy of the Bill For those interested in accessing an official copy of [H.4203, which is the version that was signed into law by Governor Baker, you can do so here.](file:///C:/Users/agenc/Downloads/H4203%20(1).pdf) **Content borrowed from Mass. Insurance News. * [Read More](https://www.demsure.com/blog/massachusetts-has-a-hands-free-driving-law-four-items-everyone-needs-to-know) [All posts](https://www.demsure.com/blog/all) ### Recent Posts ### Join Our Mailing List ### Posts by Topic - [homeowners insurance agency norwood (10)](https://www.demsure.com/blog/topic/homeowners-insurance-agency-norwood) - [Homeowners Insurance (9)](https://www.demsure.com/blog/topic/homeowners-insurance) - [Insurance Norwood (9)](https://www.demsure.com/blog/topic/insurance-norwood) - [auto insurance norwood (9)](https://www.demsure.com/blog/topic/auto-insurance-norwood) - [#prep4winter (7)](https://www.demsure.com/blog/topic/prep4winter) - [Car Insurance (6)](https://www.demsure.com/blog/topic/car-insurance) - [Commercial Auto Insurance (6)](https://www.demsure.com/blog/topic/commercial-auto-insurance) - [insurance agency norwood (6)](https://www.demsure.com/blog/topic/insurance-agency-norwood) - [Condo Insurance Norwood (5)](https://www.demsure.com/blog/topic/condo-insurance-norwood) - [Snow (5)](https://www.demsure.com/blog/topic/snow) - [auto insurance agent Massachusetts (5)](https://www.demsure.com/blog/topic/auto-insurance-agent-massachusetts) - [home insurance agent (5)](https://www.demsure.com/blog/topic/home-insurance-agent) - [Business Insurance (4)](https://www.demsure.com/blog/topic/business-insurance) - [Covid-19 (4)](https://www.demsure.com/blog/topic/covid-19) - [Home Insurance (4)](https://www.demsure.com/blog/topic/home-insurance) - [Winterweather (4)](https://www.demsure.com/blog/topic/winterweather) - [condo unit insurance (4)](https://www.demsure.com/blog/topic/condo-unit-insurance) - [massachusetts insurance agent (4)](https://www.demsure.com/blog/topic/massachusetts-insurance-agent) - [Cold Weather (3)](https://www.demsure.com/blog/topic/cold-weather) - [Freezing Pipes (3)](https://www.demsure.com/blog/topic/freezing-pipes) - [Personal Insurance (3)](https://www.demsure.com/blog/topic/personal-insurance) - [RMV (3)](https://www.demsure.com/blog/topic/rmv) - [Winterize your home (3)](https://www.demsure.com/blog/topic/winterize-your-home) - [thanksgiving (3)](https://www.demsure.com/blog/topic/thanksgiving) - [winter driving (3)](https://www.demsure.com/blog/topic/winter-driving) - [#HOME MAINTENANCE (2)](https://www.demsure.com/blog/topic/home-maintenance) - [#waterdamage (2)](https://www.demsure.com/blog/topic/waterdamage) - [Auto Accidents (2)](https://www.demsure.com/blog/topic/auto-accidents) - [Ice Damn Prevention (2)](https://www.demsure.com/blog/topic/ice-damn-prevention) - [Ice Dams (2)](https://www.demsure.com/blog/topic/ice-dams) - [MA License (2)](https://www.demsure.com/blog/topic/ma-license) - [Sleet (2)](https://www.demsure.com/blog/topic/sleet) - [Special Olympics August Games (2)](https://www.demsure.com/blog/topic/special-olympics-august-games) - [condo insurance Walpole (2)](https://www.demsure.com/blog/topic/condo-insurance-walpole) - [loss assessment coverage (2)](https://www.demsure.com/blog/topic/loss-assessment-coverage) - [massachusetts auto insurance policy (2)](https://www.demsure.com/blog/topic/massachusetts-auto-insurance-policy) - [umbrella policy norwood (2)](https://www.demsure.com/blog/topic/umbrella-policy-norwood) - [#summersafety (1)](https://www.demsure.com/blog/topic/summersafety) - [BOPinsurance (1)](https://www.demsure.com/blog/topic/bopinsurance) - [Hand's Free Driving in MA (1)](https://www.demsure.com/blog/topic/hands-free-driving-in-ma) - [Hand's Free Driving in Massachusetts (1)](https://www.demsure.com/blog/topic/hands-free-driving-in-massachusetts) - [MA ID (1)](https://www.demsure.com/blog/topic/ma-id) - [Over The Edge (1)](https://www.demsure.com/blog/topic/over-the-edge) - [boat insurance norwood (1)](https://www.demsure.com/blog/topic/boat-insurance-norwood) - [condo versus homeowners (1)](https://www.demsure.com/blog/topic/condo-versus-homeowners) - [flood insurance canton (1)](https://www.demsure.com/blog/topic/flood-insurance-canton) - [flood insurance norwood (1)](https://www.demsure.com/blog/topic/flood-insurance-norwood) - [flood insurance walpole (1)](https://www.demsure.com/blog/topic/flood-insurance-walpole) - [flood zone (1)](https://www.demsure.com/blog/topic/flood-zone) - [headlight law (1)](https://www.demsure.com/blog/topic/headlight-law) - [mortgage insurance requirements (1)](https://www.demsure.com/blog/topic/mortgage-insurance-requirements) - [travel safety (1)](https://www.demsure.com/blog/topic/travel-safety) - [what is an umbrella policy (1)](https://www.demsure.com/blog/topic/what-is-an-umbrella-policy) - [what is the new headlight law in massachusetts? (1)](https://www.demsure.com/blog/topic/what-is-the-new-headlight-law-in-massachusetts) [see all](https://www.demsure.com/blog/topic/hands-free-driving-in-massachusetts#) [![Dempsey Footer.png](https://www.demsure.com/hs-fs/hubfs/2018%20Redesign/Logos/Dempsey%20Footer.png?width=373&name=Dempsey%20Footer.png "Dempsey Footer.png")](https://www.demsure.com) Phone: 781-762-0042 Fax: 781-769-7730 FrontDesk@demsure.com 145 Railroad Avenue Norwood, MA 02062 Blog Feed © 2026 Dempsey Insurance Agency | [Privacy Policy](https://www.demsure.com/disclaim) This material is for informational purposes only. All statements herein are subject to the provisions, exclusions and conditions of the applicable policy, state and federal laws. For an actual description of coverage, terms and conditions, please refer to the applicable insurance policy or check with your insurance professional. The illustrations, instructions and principles contained in the material are general in scope and, to the best of our knowledge, current at the time of publication. **HOW WE ARE PAID FOR OUR SERVICES** Our insurance agency is committed to dealing fairly with complete integrity and transparency with consumers, other insurance producers and others with whom we work in providing insurance products and services. To that end, we provide this disclosure regarding our sources of compensation from insurance companies or other parties. Our agency may receive compensation in the form of commissions paid by an insurance company, calculated as a percentage of premiums, pursuant to an arrangement with the insurance company. These commissions are for the service we perform in placing and servicing insurance policies on the insurance company’s behalf. Our agency may also be eligible to receive other forms of compensation such as incentive or contingency payments or bonuses and/or supplemental commissions from insurance companies. These may be based on our aggregate historical or current performance with respect to a line of business or customer segment and not specifically related to any particular policy or policyholder. Other insurance producers who perform service in placing and servicing insurance through our agency may receive compensation from our agency in the form of service fees as determined by our agency’s arrangement with such producer. Our agency may hold premium or return premium funds temporarily, in which case our agency may receive interest or investment income on such funds.   Website Built & Powered by [Jump Suit Group](https://www.jumpsuitgroup.com/)