Cell Phone Use Laws
LegalMatch Law Library Managing Editor, Ken LaMance, Attorney at Law
Is it Illegal to Use a Cell Phone While Driving?
There is no nationwide federal law against cell phone usage while driving, but each state is free to pass its own cell phone laws (this includes prepaid cell phones). Accordingly, there are currently 3 states (as well as the District of Columbia) that completely ban all hand-held cell phones while driving (Connecticut, New York, and New Jersey). Other states have different laws varying by county.
However, except for public transport (like bus or taxi drivers), laws banning cell phones while driving usually apply only to hand-held cell phones, and not to hands-free cell phone headsets (despite the recent evidence that there is no discernible difference in the accident rate between the two). Also, every cell phone ban also has exceptions for using a cell phone in an emergency (medical, police, etc...). as well)
However, except for public transport (like bus or taxi drivers), laws banning cell phones while driving usually apply only to hand-held cell phones, and not to hands-free cell phone headsets (despite the recent evidence that there is no discernible difference in the accident rate between the two). Also, every cell phone ban also has exceptions for using a cell phone in an emergency (medical, police, etc...). as well)
What are Some State Laws on Cell Phone Use While Driving?
What follows is a list of generally applicable cell phone use laws, please check your state’s regulations or consult with an attorney to verify what the exact law is in your state.
Bans on Handheld Cell Phones
Some states ban the use of handheld cell phones while driving and except for Maryland, these laws are “primary enforcement” meaning a police officer may issue a citation to a driver without the any additional traffic offenses occurring. As of 6/8/10 these states include:
- ARKANSAS – ban applies to 18-20 year old drivers only.
- CALIFORNIA
- CONNECTICUT
- D.C.
- ILLINOIS – ban only applies in school zones or in highway construction zones
- MARYLAND – effective 10/10
- NEW JERSEY
- NEW MEXICO – ban applies to state vehicles only
- NEW YORK
- OREGON
- VIRGIN ISLANDS
- WASHINGTON
Bans on All Cell Phone Use
Not one of the states bans all cell phone use for all drivers, but some ban all cell phone use for specific drivers: i.e. Novice drivers and/or School Bus Drivers
|
State
|
School Bus Drivers
|
Novice Drivers
|
|
Alabama
|
|
16; 17 w/ intermediate license <6 months (Primary) (eff. 7/10)
|
|
Arizona
|
Banned
|
|
|
Arkansas
|
Banned
|
<18 (Secondary)
|
|
California
|
Banned
|
<18 (Secondary)
|
|
Colorado
|
|
<18 (Primary)
|
|
Connecticut
|
Banned
|
Learners Permit and <18 (Primary)
|
|
Delaware
|
Banned
|
Learner's permit and intermediate license holders (Primary)
|
|
D.C.
|
Banned
|
Learners Permit (Primary)
|
|
Georgia
|
Banned
|
<18 (Primary) (eff. 7/10)
|
|
Illinois
|
Banned
|
<19 (Primary)
|
|
Indiana
|
|
<18 (Primary)
|
|
Iowa
|
|
Restricted or Intermediate License (Primary) (eff. 7/10)
|
|
Kansas
|
|
Learner or Intermediate License (Primary)
|
|
Kentucky
|
Banned
|
<18 (Primary) (eff. 7/13/10)
|
|
Louisiana
|
Banned
|
Yes (Secondary)
|
|
Maine
|
|
<18 (Primary)
|
|
Maryland
|
|
<18 w/ Learner or Provisional License
(Secondary) |
|
Massachusetts
|
Banned
|
|
|
Michigan
|
|
*
|
|
Minnesota
|
Banned
|
<18 w/ Learner or Provisional License
(Primary) |
|
Nebraska
|
|
<18 w/ Learners or Provisional License
(Secondary) (eff. 7/10) |
|
New Jersey
|
Banned
|
<21 w/ GDL or Provisional License (Primary)
|
|
North Carolina
|
Banned
|
<18 (Primary)
|
|
Oklahoma
|
Banned
|
|
|
Oregon
|
|
<18 (Primary)
|
|
Rhode Island
|
Banned
|
<18 (Primary)
|
|
Tennessee
|
Banned
|
Learners Permit or Intermediate License
(Primary) |
|
Texas
|
Banned if passengers under 17
|
Intermediate Stage, 1st 12 mos. (Primary)
|
|
Vermont
|
|
<18 (Primary)
|
|
Virginia
|
Banned
|
<18 (Secondary)
|
|
Washington
|
|
Learner or Intermediate Stage (Primary)
|
|
West Virginia
|
|
Learner or Intermediate Stage (Primary)
|
*In Michigan, teens with probationary licenses whose cell phone usage contributes to a traffic crash or ticket may not use a cell phone while driving.
Text Messaging Bans
Text messaging is also seen as a major distraction to drivers and as such many states have enacted partial or even complete bans on texting while driving. If the ban is a primary one, a police officer can issue a citation even in the absence of some other traffic violation. If the ban is a secondary one, another traffic violation must have been committed in conjunction with the texting in order for a police officer to issue a citation.
|
State
|
|
||
|
All Drivers
|
School Bus Drivers
|
Novice Drivers
|
|
|
Alabama
|
|
|
16, and 17 wtih intermediate license <6 months
(Primary) (eff. 7/10) |
|
Alaska
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Arkansas
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
California
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Colorado
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Connecticut
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Delaware
|
|
|
Learner's permit and intermediate license holders
(Primary) |
|
D.C.
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Georgia
|
Yes
(Primary) (eff. 7/10) |
Covered under all driver ban
|
|
|
Guam
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Illinois
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Indiana
|
|
|
<18 (Primary)
|
|
Iowa
|
Yes
(Secondary) (eff. 7/10) |
Covered under all driver ban
|
|
|
Kansas
|
Yes
(Primary) (eff. 1/11) |
Covered under all driver ban
|
|
|
Kentuck
|
Yes
(Primary) (eff. 7/13/10) |
Covered under all driver ban
|
|
|
Louisiana
|
Yes
(Secondary) |
Covered under all driver ban
|
|
|
Maine
|
|
|
<18 (Primary)
|
|
Maryland
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Michigan
|
Yes
(Primary) (eff. 7/10) |
Covered under all driver ban
|
|
|
Minnesota
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Mississippi
|
|
|
Learner or Provisional License
(Primary) |
|
Missouri
|
|
|
<21 (Primary)
|
|
Nebraska
|
Yes
(Secondary) (eff. 7/10) |
Covered under all driver ban
|
|
|
New Hampshire
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
New Jersey
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
New York
|
Yes
(Secondary) |
Covered under all driver ban
|
|
|
North Carolina
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Oklahoma
|
|
Yes
(Primary) (eff. 11/10) |
|
|
Oregon
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Rhode Island
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Tennessee
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Texas
|
|
Yes, w/ passenger<17
(Primary) |
Intermediate Stage, 1st 12 mos.
(Primary) |
|
Utah
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Vermont
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
Virginia
|
Yes
(Secondary) |
Covered under all driver ban
(Primary) |
Covered under all driver ban
|
|
Washington
|
Yes
(Primary) |
Covered under all driver ban
|
|
|
West Virginia
|
|
|
Learner or Intermediate Stage
(Primary) |
|
Wisconsin
|
Yes
(Primary) (eff. 12/10) |
Covered under all driver ban
|
|
|
Wyoming
|
Yes
(Primary) (eff. 7/10) |
Covered under all driver ban
|
|
What are the Punishments for Improper Cell Phone Use?
In most states that have these laws, driving with a cell-phone is a "primary enforcement offense," which means that a police officer can pull you over for this offense alone. A few states have it as a secondary enforcement offense, which means they can only be enforced when a driver has been stopped for another infraction.
Generally, the penalty for driving while using a cell-phone is a traffic fine, and the amounts range from $100 to $600. If you created a dangerous situation with your phone, some states even offer jail time (usually up to 30 days).
However, police in almost every state will inquire as to cell phone use if you are actually involved in an accident, and the consequences of that can be very extreme. For example, one man was fined $2,000,000 and sentenced to 6 months in prison for crashing into a truck while talking on a cell-phone and killing two. Civil and criminal liability for an accident can be greatly increased by using a cell phone while driving, so it is important to know the laws of your state.
Generally, the penalty for driving while using a cell-phone is a traffic fine, and the amounts range from $100 to $600. If you created a dangerous situation with your phone, some states even offer jail time (usually up to 30 days).
However, police in almost every state will inquire as to cell phone use if you are actually involved in an accident, and the consequences of that can be very extreme. For example, one man was fined $2,000,000 and sentenced to 6 months in prison for crashing into a truck while talking on a cell-phone and killing two. Civil and criminal liability for an accident can be greatly increased by using a cell phone while driving, so it is important to know the laws of your state.
Should I Contact a Lawyer?
If you have been involved with any sort of accident involving cell phone use, or cited by the police for improper cell phone use while driving, it is very important to talk to an experienced attorney immediately. The laws concerning mobile phones are all very new and untested, so that be a lawyer very familiar with the up-to-date laws and regulations of the state will be essential in protecting your rights and getting the remedy you deserve.
Consult a Lawyer - Present Your Case Now!
Last Modified: 10-01-2012 02:45 PM PDT
