ATHOL – A little over two weeks ago, on Feb. 23, Massachusetts’ new hands-free driving law went into effect. The new law bans adult motorists from using a hand-held phone while driving, unless the phone is in hands-free mode. That means holding it with one hand while steering with the other is prohibited, as is cradling the phone between your ear and shoulder.
The state law which prohibits texting while driving and the use of hand-held phones by drivers under the age of 18 remains in effect.
Athol Police Chief Craig Lundgren told the Athol Daily News recently that his officers have not been instructed to actively seek out violators of the law but, he added, they will most certainly enforce the new statute if they spot someone who is breaking the law.
“It’s recommended that, until the end of March, warnings be issued,” he said. “It’s going to be a learning curve for everybody. I’m sure you drive around and see it; everybody is on their phones. But this is meant to save lives, so I think it’s a good law and we’re going to start enforcing it.
“One question I had was, is it considered a motor vehicle offense – a moving offense? Can a vehicle be pulled over and stopped simply because an officer sees someone on their phone? The answer is, yes, they can. They don’t need to see someone speeding, or with a broken taillight; they can be pulled over for simply being on their phone. That’s enough reason.”
Lundgren added the new law differs from the state’s drunk driving law, which allows an officer to charge a motorist with operating under the influence or an open container violation if they are pulled over to the side of the road and found with the keys in the ignition and the motor running.
“If you’re pulled off to the side of the road and you’re on the phone, that’s perfectly fine,” said the chief. “That’s actually one of the recommendations. What if your phone rings and you think it could be important? Simply find a place to pull over.”
The new law doesn’t seem to have increased the number of stops made by Athol police. At the time of his interview with the Daily News, Lundgren said, “Every morning I read the log and I haven’t seen a stop yet.”
Lundgren said he would not have officers patrolling or checking specific areas of town looking for violators.
“Not specifically for this new law,” he said. “I do get complaints through email and from phone messages. Pleasant Street is the major complaint I get of speeding cars, so I’ll recommend that the officers be seen more on Pleasant Street. South Athol Road and Main Street generate a lot of complaints, especially by the Post Office, where motorists don’t even stop for the crosswalk.”
Lundgren did say young people are among the worst motorists when it comes to the use of hand-held phones.
“Most of those found to be texting while driving are younger,” he said. “They grew up with their cell phones. As soon as they’re old enough to know how to text, they get a cell phone. That’s their lives now.”
Once the period for warning runs out at the end of March, a motorist’s first citation will cost them $100. A second offense calls for a $250 fine, which doubles to $500 for third fines and subsequent offenses. In addition, the new law requires drivers to complete a course on distracted driving after their second offense.