Chief’s Corner
By Chief Steven J. Wojnar Dudley Police Department Hands-free cell phone use while driving, has been the law for two years here in Massachusetts. Cell phones and electronic devises are supposed to be mounted in a safe location in the vehicle. I was recently sent a photo of a vehicle traveling on a local road with a dash mounted cell phone. I was asked if this was allowed? According to the law, Massachusetts drivers can only use electronic devices and mobile phones in hands-free mode. You are only permitted to touch devices to activate them for that purpose. Drivers cannot hold or support any electronic device/phone while operating. MGL Chapter 90 Section 1 provides some information on mobile devices and calls for them to “be properly mounted to the windshield, dashboard, or center console in a manner that does not impede with the operation of the vehicle.” This applies also to other devices, such as GPS navigation systems. The key requirement is it must be in a place that does not interfere with the operation of the vehicle. These situations are always determined on a case by case basis. In the photo provided to me as an example, the cell phone is rather large. It is mounted on the dashboard in a spot which does appear to impede the driver’s vision. This driver could be the subject of a violation. It is important to position these in a safe place. Cup holder mounts work great. The device is nearby, in the event it is used for navigation purposes, and it is below the dashboard level. This ensures the operator’s field of view is clear. The penalty for a first offense violation carries a $35 fine under the impeded operation statute (MGL CH. 90 Sec. 13). Again, with the prevalence of cell phones in vehicles today, these situations are always determined on a case-by-case basis. It is important to do your research and outfit your vehicle with the appropriate hands-free mounts to make certain any phone use is both safe and in compliance with the law. Do your best to limit distractions and try to only use phones when necessary. If the call or message can wait, let it. |
As the pandemic continues, we ask everyone to stay safe and continue to take the necessary precautions to protect yourselves. Vaccination information can be found at www.dudleyma.gov or by calling 508-949-8036. We continue to serve the people of Dudley and work with the community to improve the quality of life for everyone. I thank the men and women from my department for their continued dedicated service to the Town during these trying times. Thanks also go out to the many Police Officers, Fire and Emergency Services members, public works, health care, government officials, and all other “essential” personnel for their continued hard work and service. Hopefully, the end of this pandemic is in sight. We greatly appreciate the support we receive from our community.
Thanks again for your questions and comments. Please send them to me at the Dudley Police Department 71 West Main St., Dudley, Ma. 01571 or email at swojnar@dudleypolice.com. Opinions expressed in this weekly column are those of Chief Wojnar only and unless clearly noted, do not reflect the ideas or opinions of any other organization or citizen. |
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