Yes, it is illegal to drive with headphones in Massachusetts. Chapter 90, Section 13 of the state’s general laws prohibits operating a motor vehicle while wearing headphones, with only a narrow exception for headsets used to communicate about the vehicle’s course or movement. A separate hands-free law allows a single earbud in one ear for phone calls and navigation, but wearing headphones in both ears, or using any headphones just to listen to music, is not permitted. Drivers under 18 cannot use any electronic device at all.
What the Headphone Ban Covers
Section 13 bans any person from operating a motor vehicle while wearing headphones, unless the headphones are used for communication connected to controlling the vehicle’s course or movement.1General Court of Massachusetts. Massachusetts General Laws Part I, Title XIV, Chapter 90, Section 13 The exception is narrower than it sounds. It fits situations like a two-way radio headset used by a commercial driver coordinating a route with dispatch. It does not fit listening to music, podcasts, or audiobooks.
The statute draws no distinction between over-ear headphones and in-ear earbuds, and it does not limit the ban to wearing them in both ears. On its face, wearing headphones at all while driving is prohibited unless the use falls inside that communication exception.
The One-Earbud Allowance
Section 13B, the state’s hands-free law, governs how drivers may interact with mobile electronic devices. You cannot hold a mobile device while driving, and you cannot read or view content on a screen unless it’s a mounted navigation map.2General Court of Massachusetts. Massachusetts General Laws Chapter 90, Section 13B
The state’s official guidance says a headphone worn in one ear is permitted for hands-free communication.3Mass.gov. Hands-Free Law So one earbud for taking a call or hearing GPS directions is legal. Both ears is not. Music through headphones, even in one ear, is not what the hands-free carveout is for; it exists for communication.
No Device Use At All Under 18
If you’re under 18, the hands-free exceptions don’t apply. Massachusetts prohibits drivers under 18 from using any electronic device while driving, including in hands-free mode.3Mass.gov. Hands-Free Law No single earbud, no Bluetooth call through the car speakers, no voice-to-text. The phone stays away until the car is parked.
What a Ticket Costs
Fines for violating the hands-free law escalate with each offense:
- First offense: $100.
- Second offense: $250, plus a mandatory distracted driving educational program.
- Third or later offense: $500, an insurance surcharge, and a mandatory distracted driving educational program.
A first or second offense is not a surchargeable event on your auto insurance. Only a third or later violation triggers a surcharge under the state’s Safe Driver Insurance Plan.2General Court of Massachusetts. Massachusetts General Laws Chapter 90, Section 13B That matters, because a Massachusetts surcharge can raise premiums for years.
Hands-free violations are a primary enforcement offense, so an officer can pull you over for that alone without needing another reason.
Emergency Calls
Using your phone to contact emergency services is an affirmative defense to a hands-free violation. Qualifying emergencies include reporting a disabled vehicle, requesting medical attention, calling for police or fire response, or alerting authorities to an accident.2General Court of Massachusetts. Massachusetts General Laws Chapter 90, Section 13B Because it’s an affirmative defense, you’d raise it after being cited rather than avoid the ticket at the roadside.
Commercial Drivers Face Federal Rules Too
If you hold a commercial driver’s license, federal regulations add another layer. Under 49 CFR 392.82, commercial motor vehicle drivers cannot use a handheld mobile phone while driving, and “driving” includes sitting in traffic or waiting at a light. You count as stopped only if you’ve pulled to the side of the road or off the highway.4eCFR. 49 CFR 392.82 – Using a Hand-Held Mobile Telephone
Federal penalties are steeper. A driver can face up to $2,750 per violation, and the motor carrier can be fined up to $11,000. Two serious traffic violations within three years while operating a commercial vehicle bring a 60-day CDL disqualification. A third within that window extends the disqualification to 120 days.5eCFR. 49 CFR 383.51 – Disqualification of Drivers Losing a CDL for even 60 days can end a trucking career, so commercial drivers in Massachusetts need to satisfy both state and federal rules at once.