January 18th, 2022

Joint Committee on Transportation
Representative William Straus, Chair

Re: Opposition to H.3399, An Act relative to increasing penalties for texting and driving

Dear Chairman Straus, Vice Chairs Keenan and Devers, and members of the committee,

Members of the Massachusetts Vision Zero Coalition respectfully oppose H.3399 An Act relative to increasing penalties for texting and driving.

H.3399 An Act relative to increasing penalties for texting and driving would increase fees from a first offense from $100 to $250, and would escalate at a greater rate for subsequent offenses—$500 for a second and$750 for a third. In addition to increased fines, a license suspension of 90 days could be issued for the first offense of texting and driving. This escalation of harmful and punitive measures is a problem for a few reasons:

1. Research has shown that increasing the severity of punishment is an ineffective deterrent to crime, and often worsens racial and economic disparities¹, suggesting that increasing penalties would not have the intended effect of lowering the number of people texting and driving.
2. Data on the hands free law in MA has shown that this law is being inequitably enforced². In traffic stops for using a phone while driving between April and December 2019, Black, Hispanic, and Asian people were more likely to be issued citations than white people for the same infraction. The increased punitive measures proposed in this legislation will disproportionately burden Black drivers and drivers of color in Massachusetts.
3. These large fines can be debilitating for lower income individuals who may not be able to afford them, and as the law is currently written, non-payment of these fines can compound with late fees and can result in debt-based license suspensions and potential incarceration—an inequitable and ineffective practice that forces individuals to make the impossible choice between driving on a suspended license, risking additional fines and incarceration, or risk being unable to get to work and lose the income they need to access and afford essential services, much less pay their fine (note: there are other bills in this committee that would eliminate this practice that the Coalition is supportive of—H.3453 and S.2304).

While we know that distracted driving is a safety concern on our roads, we don’t believe these punitive measures are the solution. We ask that the committee take this into account with respect to this proposed legislation and oppose H.3399.

Thank you for your time and consideration.

Sincerely,

The Massachusetts Vision Zero Coalition

Cheryl Pavlik, Allston Brighton Health Collaborative
Jarred Johnson, TransitMatters
Becca Wolfson, Boston Cyclists Union
Stacey Beuttell, WalkBoston
Emily Stein, Safe Roads Alliance
Julia Wallerce, Institute for Transportation and Development Policy
Catherine Gleason, LivableStreets Alliance
Galen Mook, Massachusetts Bicycle Coalition
Adam Shutes, WalkUP Roslindale

¹ National Institute of Justice (https://nij.ojp.gov/topics/articles/five-things-about-deterrence)
² Hands Free Data in MA (https://www.wcvb.com/article/massachusetts-data-white-drivers-got-more-breaks-for-hands-free-cellphone-violations/35421474#)