Cell Phone Driving Laws
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Thinking of taking a long distance trip in your car? With the current high cost of gas this idea may not be as meaningful as before, but nevertheless, BE CAREFUL if you plan on using your cell phone. Not all states treat cell phone usage the same. Some states strictly ban their use whilst others have nothing to say. Some states prohibit local jurisdictions from enacting such restrictions. Here is what we know as of May 2008 about the laws in each state.
- 5 states (California, Connecticut, New Jersey, New York and Washington), the District of Columbia and the Virgin Islands have enacted jurisdiction-wide cell phone laws prohibiting driving while talking on handheld cell phones.
- With the exception of Washington State, these laws are all primary enforcement—an officer may ticket a driver for using a handheld cell phone while driving without any other traffic offense taking place.
- 17 states and the District of Columbia have special cell phone driving laws for novice drivers.
- School bus drivers in 15 states and the District of Columbia are prohibited from all cell phone use when passengers are present, except for in emergencies.
- Washington and New Jersey are the only states to ban text messaging for all drivers, but other states are expected to follow suit.
- New Jersey has primary enforcement—an officer may ticket a driver for texting while driving without any other traffic offense taking place. Washington's law is secondarily enforced.
- No state completely bans all types of cell phone use (handheld and hands-free) while driving.
- Some states, such as Utah and New Hampshire, treat cell phone use as a larger distracted driving issue.
- Utah considers speaking on a cellphone to be an offense only if a driver is also committing some other moving violation (other than speeding)
- Whilst the laws are still young some seem to lack common sense, For instance in California, you cant hold a phone to your ear and drive, but there is no restriction on texting. Here is an interesting article by the LA Times published in May of 2008
State |
Crash
|
Preemption Laws |
Handheld Ban |
All Cell Phone Ban |
Enforcement |
|
School Bus Drivers |
Novice Drivers |
|||||
| Alabama | ||||||
| Alaska | Yes | |||||
| Arizona | Yes | Primary | ||||
| Arkansas | Yes | Primary | ||||
| California | Yes |
Yes (eff. 7/2008; commercial drivers exempted until 2011) |
Yes | <18 (eff. 7/2008) | Primary | |
| Colorado | Yes | Learners Permit | Secondary | |||
| Connecticut | Yes |
Yes (some professions exempted) |
Yes | Learners Permit and <18 | Primary | |
| Delaware | Yes | Yes | GDL | Primary | ||
| D.C. |
Yes (applies to all drivers, regardless of residency; some professions exempted) |
Yes | Learners Permit | Primary | ||
| Florida | Yes
("Driver Distraction" w/ cell phone in the narrative. <0.2% of 2006 reports cited cell phone use.) |
State law prohibits local jurisdictions from enacting restrictions. | ||||
| Georgia | Yes | Yes | Primary | |||
| Hawaii | ||||||
| Idaho | ||||||
| Illinois | Yes | By jurisdiction | Yes | <19 with Permit or GDL | Primary | |
| Indiana | Yes | |||||
| Iowa | Yes | |||||
| Kansas | ||||||
| Kentucky | No city, county, urban-county, charter county, consolidated local government or special district can impose a restriction. | Yes | Primary | |||
| Louisiana | Cities and parishes are forbidden from enacting legislation. | |||||
| Maine | <18 | Primary | ||||
| Maryland | Yes | <18 w/ Learner or Provisional License | Secondary | |||
| Massachusetts | Yes | By jurisdiction | Yes | Primary | ||
| Michigan | Yes | By jurisdiction | ||||
| Minnesota | Yes | Learner or Provisional License or until age 18 | Primary | |||
| Mississippi | State law prohibits local jurisdictions from enacting restrictions. | |||||
| Missouri | ||||||
| Montana | Yes | |||||
| Nebraska | Yes | Teens w/ Learners or Provisional License | Secondary | |||
| Nevada | Yes | State and local entities prohibited from regulating use. | ||||
| New Hampshire | ||||||
| New Jersey | Yes | Localities are prohibited from enacting restrictions. | Yes
Text messaging prohibited |
Yes | <21 w/ GDL or Provisional License | Primary |
| New Mexico | By jurisdiction and in State vehicles | |||||
| New York | Yes | Yes |
Primary |
|||
| North Carolina | Yes | Yes | <18 | Primary | ||
| North Dakota | ||||||
| Ohio | By jurisdiction | |||||
| Oklahoma | Yes | State law prohibits local jurisdictions from enacting restrictions. | ||||
| Oregon | Yes | State law prohibits local jurisdictions from enacting restrictions. | >18 w/ Learner or Provisional License | Secondary | ||
| Pennsylvania | Yes | By jurisdiction | ||||
| Rhode Island | Yes | <18 | ||||
| South Carolina | ||||||
| South Dakota |
Yes |
|||||
| Tennessee | Yes | Yes | Learners Permit or Intermediate License | Primary | ||
| Texas | Yes | Yes, w/ passenger <17 | <18 in Learner or Intermediate Stage | Primary | ||
| Utah | Yes | Municipalities may not establish regulations. | ||||
| Vermont | ||||||
| Virgin Islands | Yes | Yes | No data | |||
| Virginia | Yes | Yes | Intermediate License | Secondary | ||
| Washington | Yes | Yes (eff. 7/2008) Text messaging prohibited |
Secondary | |||
| West Virginia | Learner or Intermediate Stage | Secondary | ||||
| Wisconsin | ||||||
| Wyoming | ||||||
| Total | 29 States + Virgin Islands | 9 States | 5 States + D.C., Virgin Islands Text Messaging: 2 States |
15 States + D.C. | 17 States + D.C. | Varies |
