Hands free law and distracted driving

Key points

1. Using a hand held mobile device while driving is prohibited in Massachusetts.

   Source: Handbook p. 39

   “The use of hand-held mobile electronic devices (including cell phones) while driving is prohibited in Massachusetts”
   Massachusetts Driver's Manual, Handbook p. 39

2. Drivers 18 and older may use mobile devices only in hands free mode while driving.

   Source: Handbook p. 39

   “Drivers 18 and older can only use mobile electronic devices in “handsfree” mode while driving.”
   Massachusetts Driver's Manual, Handbook p. 39

3. Hand held use is allowed only when stopped outside a public travel lane, not at red lights or stop signs.

   Source: Handbook p. 39

   “Handheld device use is only allowed if the vehicle is stationary and is not located in a public travel lane. It is not allowed at red lights or stop signs.”
   Massachusetts Driver's Manual, Handbook p. 39

4. You may not write, send or read texts, emails or other messages while driving.

   Source: Handbook p. 39

   “Mobile electronic devices cannot be used to write, send, or read an electronic message (including text messages, emails, instant messages, or accessing the Internet) while driving.”
   Massachusetts Driver's Manual, Handbook p. 39

5. Drivers under 18 cannot use any mobile device for any reason while driving, except to report an emergency.

   Source: Handbook p. 40

   “Drivers under 18 cannot use any mobile electronic device for any reason while driving. The only exception is for reporting an emergency.”
   Massachusetts Driver's Manual, Handbook p. 40

6. Fines are $100 for a first offense and $250 plus a distracted driving program for a second.

   Source: Handbook p. 40

   “1st offense - $100 fine • 2nd offense - $250 fine, plus mandatory completion of a distracted driving educational program”
   Massachusetts Driver's Manual, Handbook p. 40

7. Distracted driving caused 3,275 deaths in 2023.

   Source: Handbook p. 39

   “In 2023, distracted driving resulted in 3,275 deaths.”
   Massachusetts Driver's Manual, Handbook p. 39

8. It is illegal to wear headphones or any device that restricts your attention while driving.

   Source: Handbook p. 39

   “It is illegal to wear a radio headset, headphones, or any other wired or wireless device that restricts your attention to the environment while driving.”
   Massachusetts Driver's Manual, Handbook p. 39

9. Children under 12 may not ride in pickup truck beds; the very limited exceptions never allow speeds over 5 mph.

   Source: Handbook p. 39

   “Children under 12 years old are not allowed to ride in the beds of pickup trucks (there are very limited exceptions, and never at speeds more than five mph).”
   Massachusetts Driver's Manual, Handbook p. 39

Numbers to know

3 questions from the Massachusetts practice test

1. 1. Under the Massachusetts hands-free law, when may a driver 18 or older use a mobile telephone or other electronic device while driving?

   1. Whenever the vehicle is moving slower than 25 mph
   2. Only when the device is used in hands-free mode
   3. At any time, as long as the phone is not held to the ear
   4. Only for calls shorter than one minute
   Show answer

   Only when the device is used in hands-free mode. The law is written around the device, not the conversation. An adult driver may use a phone or other electronic device only in hands-free mode; holding it to text, dial or watch is prohibited regardless of speed or the length of the call. The low speed and short call answers describe habits the law was written to end, and the answer allowing use whenever the phone is not held to the ear misstates the rule, since holding the device at all is the violation. Teen drivers face a stricter rule and may not use devices even hands-free.

2. 2. Under Massachusetts law, may a driver under 18 use an electronic device in hands-free mode while driving?

   1. Yes, hands-free use is allowed at any age
   2. Yes, if a parent is in the vehicle
   3. Yes, but only for navigation
   4. No routine use, even hands-free; emergency reporting is an exception
   Show answer

   No routine use, even hands-free; emergency reporting is an exception. Massachusetts prohibits routine electronic-device use by drivers under 18, including hands-free calls. The statute provides an emergency defense for reporting a disabled vehicle, needed medical assistance, a safety emergency requiring responders, or an accident. Navigation is not carved out, and a parent in the passenger seat does not change the rule. The reasoning is that a new driver has little spare attention to give a conversation or a screen. Set the route before moving, and let calls wait until the car is parked.

3. 3. What is the Massachusetts penalty for a second offense of using a hand-held mobile device while driving?

   1. A $250 fine plus a distracted driving educational program
   2. A $100 fine only
   3. A $500 fine and an insurance surcharge
   4. A warning letter
   Show answer

   A $250 fine plus a distracted driving educational program. The hand-held device penalties climb with each offense. The first is a $100 fine. The second is a $250 fine plus mandatory completion of a distracted driving educational program. The third and later offenses bring a $500 fine, an insurance surcharge and the program. So $100 is the first step and $500 with a surcharge is the third. A warning letter is not part of the schedule.

Source: the Massachusetts Driver's Manual, Chapter 2: Safety First. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.