What is the law in Massachusetts regarding the use of cell phones while driving? -- Nancy, Springfield
Current law in Massachusetts allows drivers to use cell phones as long as one hand remains on the wheel and the use of the phone does not interfere with the operation of the vehicle (Massachusetts General Laws, c. 90, s. 13). In the spring of 2006, a bill that would have required the use of hands-free devices died in committee at the State House.
Also, cities and towns may not pass ordinances or by-laws that prohibit drivers from using cell phones, because such a ban would be inconsistent with existing state law (a state of affairs that is prohibited by Article 89, Section 6 of the Amendments to the Massachusetts Constitution). In 2001, Brookline tried to pass a by-law that would have required drivers to use hands-free devices, but the Attorney General's office found that the by-law violated Article 89, Section 6.
For more information or to post a question, visit our MA Criminal Law Discussion Forum.
UPDATE: New law restricts texting and use of cell phones by those under 18.