Distracted Driving: A Solvable Crisis

Massachusetts, my home state known for miles of cranberry bogs, stunning beaches and the birthplace of the American Revolution, is also characterized by strict safe driving measures. After witnessing the success of distracted driving legislation in other states such as New York and Colorado, who passed distracted driving laws between 2000-2009, Massachusetts was ready to accept the reality that distracted driving laws don’t just protect the driver — they protect the community.

Initially, the state legislature passed the Safe Driving Law on September 30, 2010. This law banned texting while driving for all drivers, but instituted specific and aggressive regulations for junior operators. For juniors, the first offence meant a fine of $100 with a 60-day license suspension and attitudinal course, a second offence resulted in a $250 fine with a 180-day suspension, and the third and subsequent offence resulted in a $500 fine with a one-year suspension. However, for adult operators, these gradually increasing fines were the same for the first, second, and third/subsequent offence. However, if someone was injured or killed as a result of a crash caused by distracted driving, the driver could have his or her license revoked — and even face criminal charges, as was the situation in a 2012 case wherein a teenage driver in Massachusetts was convicted of vehicular homicide due to texting and driving. He received a full year of jail and a 15-year license suspension.

While these regulations may seem strict, the law had a major loophole. Because the legislation still allowed the use of a cell phone for GPS and other necessary applications, drivers pulled over for a distracted driving offence could claim that they were only checking their phones for a map. Finally, after crashes related to distracted driving increased by 170% from 2014 to 2016, lawmakers decided that stricter regulations had to be enforced.

In 2019, after many years of debate, new and more strict safe driving legislation was passed at last in the Commonwealth. Eliminating the loophole in the previous legislation, this law bans completely the use of a cellphone while driving for any reason, including GPS consultation. While drivers over the age of 18 may use hands free devices to send messages and receive calls, individuals under the age of 18 are banned completely from using their cell devices — even with the hands-free capacity.

While the passage of this law has made the road safer in many ways, there is still much that can be done to ensure the safety of Massachusetts drivers. Even with more people staying off the road due to the pandemic, there were still over 6,500 distracted driving crashes in 2020, indicating a need for stricter regulation to prevent such incidents. Firstly, the Commonwealth can institute stricter fines for distracted driving in order to convey the seriousness of this issue. Compared to surrounding states, Massachusetts actually has a lower amount of fines; New Hampshire has fines from $100 to $500 for distracted driving offences, leading to a lower number of distracted driving incidents. With steeper consequences, drivers would be more likely to follow the law.

Additionally, an additional fine or punishment can be instituted for distracted driving offences committed by adults with minors in the car. If parents were thus discouraged from driving distractedly in the presence of their children, young people would grow up less likely to themselves drive while distracted. Potentially, legislation can be passed requiring owners of mobile phones to install “Do Not Disturb While Driving” software to stop them from even being tempted by messages while driving.

Further, as a component of driving Training, students should be required to take a ‘Distracted Driving’ course that simulates the situation of a distracted driver in a safe environment so that they can see how poorly people function while distracted. This course could then be reaped every two years for the first ten years of owning a license in order to ensure that students remember the perils of distracted driving. Finally, a campaign can be undertaken that would put advertisements at gas stations, rest stops, TV and radio stations, and in public locations across the Commonwealth advocating for safe and attentive driving practices. This campaign could have a slogan or some message to be repeated, such as “The Cost of One Text”. If celebrities on Massachusetts sports teams got involved and the advertisement campaign could be spread to schools and public areas, more kids and teens would be willing to practice safe driving.

With stricter and more comprehensive legislation as well as campaigns that advocate for healthy habits, safer roads can be achieved.