Chief’s Corner
By Chief Steven J. Wojnar Dudley Police Department Hands-free cell phone use while driving, has been the law for several years here in Massachusetts. Cell phones and electronic devices are only to be used with limited physical contact and should be properly mounted inside the vehicle. I was recently asked, if a person receives a citation for a violation of this law, does it carry an insurance surcharge? According to Massachusetts General Laws Chapter 90 Section 13B, 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. The penalty for a first offense is a $35 civil fine. Sub Section (e) of this law further explains the penalties for violations, specifically those related to surcharges. It states in part, “A first or second offense under this section or section 8M shall not be a surchargeable incident under section 113B of chapter 175 or under a motor vehicle liability policy as defined in section 34A that is issued pursuant to said chapter 175; provided, however, that a third or subsequent offense under this section or section 8M shall be a surchargeable incident under said section 113B of said chapter 175 or under a motor vehicle liability policy as defined in said section 34A that is issued pursuant to said chapter 175.” Therefore, the answer to the surcharge question is both yes and no. No, if it is a first or second offense. The answer is yes if it is for a third or subsequent violation. Again, with the prevalence of cell phones in vehicles today, more people are using these devices. Please do your best to limit distractions while driving and try to only use phones when necessary. If the call or message can wait, let it. |
For those still seeking vaccination information, it can be found at www.dudleyma.gov or by calling 508-949-8036. Please continue moving forward with the “re-opening” of our state in a reasonable manner. Your cooperation is greatly appreciated. During these challenging times, we, at the Dudley Police Department, 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. |
|