North Andover Police Cited Just 4 In 1st Year Of Hands-Free Law

NORTH ANDOVER, MA — It's been nearly one year since Massachusetts implemented the distracted driving law and state and local police departments have handed out over 30,000 tickets or warnings since the start date on Feb. 23, 2020.

According to data through Dec. 31, 2020 obtained by Patch, North Andover Police made one arrest and issued three fines. They did not issue any written warnings.

But that doesn't mean police weren't stopping anyone, according to spokesman Det. Lt. Eric Foulds.

"Most of our officers would be issuing verbal warnings when a new law goes into effect with the goal of education first," Foulds said. "We always try to educate first, especially when it's a new law."

Under the distracted driving law, drivers aren't allowed to use cell phones while behind the wheel, not even to hold while it's on speaker. The penalty for violating the law is a $100 on the first offense with increases for each successive offense.

>>White Drivers Punished Less Under MA Distracted Driving Law

Foulds said that the pandemic reduced enforcement of the new law, along with other traffic enforcement.

"Covid definitely impacted our enforcement response, as I'm sure it did state wide," Foulds said. "Most officers took a reactive approach to law enforcement, instead of a proactive approach, in order to minimize contact with the public for the safety of all. This started to change as we learned more about the virus, and we are back to being a proactive agency."

Still, he believes the law has made an impact on driver behavior, he said.

"Unfortunately there are still drivers that disregard the law," Foulds said. "Every second that a driver is distracted while operating a motor vehicle puts the public in danger."

Drivers can use hands-free technology including Bluetooth, "single tap or swipe" to activate or deactivate hands-free mode, navigation technology mounted to the car's dash and phone use in emergency situations. Drivers may use their phones if they are stationary and not in an active traffic lane.

"Concentrate on the task at hand, driving, and if you absolutely need to use your mobile device, find a safe place to park and use it," Foulds said.

The law also outlines that police officers have to collect data on the race and sex of the people cited, as a way to ensure police are not using the law to target groups.

MassDOT provided Patch with data on traffic stops under the law between Feb. 23 and Dec. 31 showing how many people state and local police are pulling over. Statewide, data from the first 10 months of enforcement shows Black and Hispanic drivers are more likely to end up with either a fine or criminal charge.

In North Andover, there were too few fines, arrests and written warnings to draw any conclusions.

Christopher Huffaker can be reached at 412-265-8353 or chris.huffaker@patch.com.