E-Alerts

Update Personnel Policies To Incorporate Ban On Texting And Certain Cell Phone Usage While Driving

Massachusetts has enacted legislation prohibiting (i) all drivers from texting while driving, and (ii) drivers under age 18 from talking on cell phones while driving.  The new law will go into effect on October 1, 2010.

Activities specifically prohibited under the new texting ban include composing, sending or reading electronic messages, as well as surfing the internet, while operating a motor vehicle.  The law prohibits these activities on cell phones, laptop computers, and any other handheld devices.  Notably, the law does not apply if the vehicle is stationary and not located in a part of the roadway intended for travel but does apply to drivers waiting at traffic lights and stop signs.

Violations of the texting ban will be considered “primary offenses,” meaning law enforcement officials will not need another reason to pull drivers over and issue them a ticket.  Adults in violation of the ban will receive a fine of $100 for a first offense, $250 for a second offense, and $500 for a third offense.  Drivers under 18 who use any type of cell phone or mobile electronic device while driving will receive a $100 fine and 60-day license suspension for a first offense, a $250 fine and 180-day license suspension for a second offense, and a $500 fine and one-year license suspension for a third or subsequent offense.  In addition, young offenders will need to complete a “driver attitudinal course” in order to have their license reinstated.

Violators found to be at fault in an accident as a proximate result of texting while driving will be considered to have operated the vehicle in a reckless manner.  However, it will be an affirmative defense if the operator can produce evidence that he or she was using the electronic device for emergency purposes (e.g., contacting a law enforcement agency, health-care provider, or other emergency entity).

Massachusetts joins 29 other states and the District of Columbia in prohibiting all drivers from texting while driving. Massachusetts also joins 28 states and the District of Columbia in prohibiting young and/or novice drivers from using cell phones while driving.  Only eight states (California, Connecticut, Delaware, Maryland, New Jersey, New York, Oregon and Washington) and the District of Columbia ban all drivers from using handheld cell phones while driving.

We encourage employers to update employee handbooks and other personnel policies regarding the use of cell phones and all electronic communications devices (e.g., PDAs, Treos, and Blackberries) while engaged in company-related business in order to ensure compliance with the new Massachusetts law by the October 1, 2010 deadline.  Implementation of stringent policies will help protect employees and others from the hazards caused by inappropriate usage of these devices, while simultaneously decreasing potential liability for employers.

Please let us know if you have questions about the new Massachusetts law, comparable laws of other states, or how best to revise your handbook and other policies to ensure compliance with this new Massachusetts mandate.