Girl holding a phone to her ear while driving

Learn More

Cell Phone and Texting Laws
Letters on Federal Role in Distracted Driving Solution
(October 21, 2009)
- U.S. House
- U.S. Senate
State PSAs
Distraction.gov

Distracted Driving

Driver inattention is a leading factor in many crashes, and cell phone use and texting are some of the most common driver distractions. While more and more states and localities are banning specific distractions, GHSA's message to all drivers is: don't use cell phones or other electronic devices while driving, regardless of the current law.

States are responding to the distracted driving problem with a variety of comprehensive approaches, as noted in the GHSA report Curbing Distracted Driving: 2010 Survey of State Safety Programs.

State legislatures have passed a variety of new laws, inclucing banning handheld cell phone use or texting by all drivers or restricting cell phone use or texting for a specific demographic, such as teens or school bus drivers.

The federal government has also gotten involved. Last fall, U.S. DOT Secretary Ray LaHood hosted a Distracted Driving Summit. GHSA Chairman Vernon Betkey participated as a panlist.

Recently, states have been passing texting bans for all drivers at a frenetic pace. Washington State was the first state to enact a texting ban, in May 2007. GHSA supports texting bans for all drivers, but does have concerns about enforcement. The National Highway Traffic Safety Administration (NHTSA) is working on an enforcement demonstration project which the Association fully supports.

GHSA does not support handheld cell phone bans, as there is no clear indication that hands-free use is any safer than handheld. A Virginia Tech study indicated hands-free systems may be beneficial, while studies from the Insurance Institute for Highway Safety, the University of Utah and Carnegie Mellon have indicated all cell phone use is distracting.

GHSA recommends several steps to combat the increasing problem of distracted driving. Specificaly:

The federal government should:
- Fund research to develop effective methods for enforcing texting and cell phone bans.
- Fund research to determine the nature and scope of the distracted driving problem.
- Fund a media campaign to alert the public to the dangers of distracted driving.
- Develop model policies for employers encouraging them to ban cell phone use/texting by all employees driving for business purposes.
- Provide financial incentives for states that pass comprehensive graduated licensing laws that include cell phone/texting bans for new drivers.
- Support technological solutions that minimize driver distraction.
States should:
- Ban text messaging for all drivers.
- Ban all non-emergency cell phone use for new drivers, as part of its Graduated Driver Licensing (GDL) law, as well as for school bus drivers.
- Include a category for cell phone/electronic equipment distraction on crash investigation forms.
The private sector should:
- Ban cell phone use/texting by all employees driving for business purposes.
- Develop technical solutions, such as systems that are able to disable specific cell phone functions while a driver is driving.
Parents should:
- Use GDL bans as another tool to ensure safe driving practices by their teens.
- Set a good example for their children by not using a cell phone while driving.

GHSA Policy

Excerpted from GHSA's Highway Safety Policies & Priorities

O. Driver Safety Issues

O.6 Distracted Driving
There are many distractions which may prevent a driver from focusing on the complex task of driving: changing the radio or a CD, talking to passengers, observing an event outside the vehicle, using a cell phone, text messaging, etc. Navigational and other interactive devices, called telematics, in the vehicle are available in most vehicles and more will be available in the near future. These devices may also distract drivers.

The federal government should fund considerably more research to determine the scope and nature of the distracted driving problem, effective countermeasures and the effect of telematics on driving behavior. Further, the federal government should fund a comprehensive media campaign to educate the public about the dangers of distracted driving and the way to manage driver distractions. GHSA opposes federal legislation that would penalize states for not restricting the use of cell phones or other electronic devices.

Producers and providers of electronic devices should also undertake a major educational campaign to inform the public about the proper use of these devices.

As part of a company or agency’s employment policies, employers should discourage text messaging and the use of cell phones and other electronic devices when driving except in emergency situations.

As part of a state’s graduated licensing law, novice drivers should be prohibited from text messaging or using cell phones and other electronic devices for non-emergency purposes while driving.

GHSA supports state legislation that would ban text messaging for all drivers, electronic devices used for entertainment purposes with video screens that are within view of the driver and school bus drivers from text messaging or using electronic devices except in emergencies

GHSA believes that, when on the road, all drivers should not text message, use cell phones or other electronic devices, faxes, computers or other distracting devices except to report a crash to emergency responders. If a driver must use such devices to make a call or report a crash, the driver should first stop in a parking lot or other protected area.