Is Eating While Driving Legal in Massachusetts After the 2026 Framework Overhaul?

No, Massachusetts does not explicitly ban eating while driving, but the Bay State’s distracted driving statute (M.G.L. c. 90, § 13B) prohibits any activity that diverts attention from safe operation, including consuming food. Local police departments, including the Boston Police Department’s 2024 traffic enforcement bulletin, interpret this broadly to cover eating if it impairs control. Violators face fines up to $100 under the state’s primary enforcement distracted driving law, effective since 2010 and updated in 2026 to include stricter penalties for repeat offenders.

Key Regulations for Eating While Driving in Massachusetts

  • Primary Distraction Law: M.G.L. c. 90, § 13B criminalizes operating a vehicle while engaged in activities that interfere with safe driving, including eating, as interpreted by the Massachusetts Registry of Motor Vehicles (RMV) in its 2025 driver’s manual update.
  • Local Enforcement Guidance: Municipal police departments, such as Cambridge PD’s 2024 traffic safety directive, treat visible food consumption (e.g., sandwiches, snacks) as prima facie evidence of distraction if it correlates with erratic driving.
  • Penalty Structure: First offenses incur a $100 fine; subsequent violations within three years escalate to $250 under the 2026 amendments to the distracted driving statute, with potential license suspension for habitual offenders.