Starting tomorrow, Massachusetts police officers will be able to pull over drivers who text on their cell phones while behind the wheel.
But exactly how police will be able to determine whether a driver is texting — as opposed to dialing a phone number or using an iPod — remains unclear.
The new law that state legislators passed earlier this year specifically bans drivers from using any mobile electronic device to write, send or read an electronic message, or access the Internet. So while texting may be illegal, punching in a phone number while driving is not, according to the Registry of Motor Vehicles.
So how will officers be able to tell the difference?
"Anytime there's a new statute like this, it's a challenge for law enforcement to find that balance," Salem police Capt. Brian Gilligan said.
Gilligan admits that Salem officers won't be putting a full-court press on texting offenders once the law goes into effect at midnight.
"We'd like to offer a little training to the patrol division before we start enforcing it," he said.
Other aspects of the law remain unclear. While it makes exemptions for GPS devices that are "temporarily or permanently" installed in a car, it doesn't address the navigation software on portable cell phones. Drivers can still use their iPods in the car, but Registry officials aren't certain whether they could also use online radio programs installed on their cell phones, like Pandora, that technically require a user to access the Internet.
"That's a little gray area that I think is just going to have to be worked out," Registry spokeswoman Ann Dufresne said.
"The problem is technology has advanced much further than the law, and, unfortunately, we haven't kept up with it," Gilligan said. "And we're trying to put things into place that cover a wide array of activity."
Danvers police Chief Neil Ouellette said he thinks officers will easily be able to identify drivers who are texting. But drivers should be less concerned about citations and more worried about the ramifications of any crash caused by their negligence, he said.
"People have to look at this thing for the potential of litigation brought against them when there is a serious crash," Ouellette said. "I think we all agree if someone beats a texting-while-driving citation, so be it. We'll still enforce the law.
"Where it's critical for people, particularly youngsters, is if they're involved in a serious motor vehicle accident. There are ways to identify what you were doing right before the crash," Ouellette said. "That could be evidence used in a negligence case or a vehicular homicide case. ... When you're talking about computers, there's a way to track every keystroke."
Also beginning tomorrow, no one under the age of 18 will be able to use a cell phone, even a hands-free phone, while driving. Ouellette said Danvers officers plan to talk to students about the ban soon.
"Certainly over the next couple of days, we may have some positive educational chats with some youths to advise them of the new law," he said.
Staff writer Chris Cassidy can be reached at ccassidy@salemnews.com.
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