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- Issue Brief: Distracted Driving
- Letters on Federal Role in Distracted Driving Solution
(October 21, 2009) - State PSAs
- Distraction.gov
Cell Phone and Texting Laws
The following chart outlines all state-level cell phone and text messaging laws. Some local jurisdictions may have additional regulations. Enforcement type is shown in parenthesis.
- Handheld Cell Phones: 8 states (Calif., Conn., Del., Md., N.J., N.Y., Ore. and Wash.), D.C. and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.
- Except for Maryland, all laws are primary enforcement—an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place.
- All Cell Phone Use: No state bans all cell phone use (handheld and hands-free) for all drivers, but many prohibit all cell phone use by certain drivers:
- Novice Drivers: 28 states and D.C. ban all cell phone use by novice drivers.
- School Bus Drivers: Bus drivers in 18 states and D.C. may not use a cell phone when passengers are present.
- Text Messaging: 30 states, D.C. and Guam ban text messaging for all drivers. 11 of these laws were enacted in 2010. 26 states, D.C., and Guam have primary enforcement. In the other four, texting bans are secondary.
- Novice Drivers: An additional 8 states prohibit text messaging by novice drivers.
- School Bus Drivers: 2 states restrict school bus drivers from texting while driving.
- Some states such as Maine, N.H. and Utah treat cell phone use and texting as part of a larger distracted driving issue. In Utah, cellphone use is an offense only if a driver is also committing some other moving violation (other than speeding).
Crash Data Collection: Many states include a category for cell phone/electronic equipment distraction on police accident report forms. Recently proposed federal legislation would require states to collect this data in order to qualify for certain federal funding.
Preemption Laws: Many localities have passed their own distracted driving bans. However, some states – such as Fla., Ky., La., Miss., Nev., and Okla. – prohibit localities from enacting such laws.
| State | Handheld Ban | All Cell Phone Ban | Text Messaging Ban | Crash Data |
|||
| School Bus Drivers | Novice Drivers | All Drivers |
School Bus Drivers | Novice Drivers | |||
| Alabama | 16, and 17 wtih intermediate license <6 months (Primary) |
16, and 17 wtih intermediate license <6 months (Primary) |
|||||
| Alaska | Yes (Primary) |
Covered under all driver ban | Yes | ||||
| Arizona | Yes (Primary) |
||||||
| Arkansas | 18 - 20 years old (Primary) | Yes (Primary) |
<18 (Secondary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| California | Yes (Primary) |
Yes (Primary) |
<18 (Secondary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| Colorado | <18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |||
| Connecticut | Yes (Primary) |
Yes (Primary) |
Learners Permit and <18 (Primary) |
Yes (Primary) |
Covered under all driver ban | ||
| Delaware | Yes (Primary) (eff. 1/2/11) |
Yes (Primary) |
Learner's permit and intermediate license holders (Primary) |
Yes (Primary) (eff. 1/2/11) |
Covered under all driver ban | Yes | |
| D.C. | Yes (Primary) |
Yes (Primary) |
Learners Permit (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| Florida | |||||||
| Georgia | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Guam | Yes (Primary) |
Covered under all driver ban | |||||
| Hawaii | |||||||
| Idaho 1 | See footnote | ||||||
| Illinois 2 | See footnote | Yes (Primary) |
<19 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| Indiana | <18 (Primary) |
<18 (Primary) |
Yes | ||||
| Iowa | Restricted or Intermediate Licenses (Primary) |
Yes (Secondary) |
Covered under all driver ban | Yes | |||
| Kansas | Learner or Intermediate License (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |||
| Kentucky | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | |||
| Louisiana | Learner or Intermediate License (regardless of age) |
Yes (Primary) |
1st year of licensure (Primary for <18) (eff. 8/15/10) |
Yes (Primary) (eff. 8/15/10) |
Covered under all driver ban | Yes | |
| Maine 3 | <18 (Primary) |
<18 (Primary) |
Yes | ||||
| Maryland | Yes (Secondary) (eff. 10/10) |
<18 w/ Learner or Provisional License (Secondary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Massachusetts | Yes (Primary) |
<18 (Primary) (eff. 9/30/10) |
Yes (Primary) (eff. 9/30/10) |
Covered under all driver ban | Yes | ||
| Michigan 4 | See footnote | Yes (Primary) |
Covered under all driver ban | Yes | |||
| Minnesota | Yes (Primary) |
<18 w/ Learner or Provisional License (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Mississippi | Learner or Provisional License (Primary) |
||||||
| Missouri | <21 (Primary) |
||||||
| Montana | Yes | ||||||
| Nebraska | <18 w/ Learners or Provisional License (Secondary) |
Yes (Secondary) |
Covered under all driver ban | Yes | |||
| Nevada | Yes | ||||||
| New Hampshire 5 | Yes (Primary) |
Covered under all driver ban | |||||
| New Jersey | Yes (Primary) |
Yes (Primary) |
<21 w/ GDL or Provisional License (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | |
| New Mexico | In State vehicles | Yes | |||||
| New York | Yes (Primary) |
Yes (Secondary) |
Covered under all driver ban | Yes | |||
| North Carolina | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | |||
| North Dakota | Yes | ||||||
| Ohio | |||||||
| Oklahoma | Learners Permit or Intermediate License (Primary) (eff. 11/10) |
Yes (Primary) (eff. 11/10) |
Yes (Primary) (eff. 11/10) |
Learners Permit or Intermediate License (Primary) (eff. 11/10) |
Yes | ||
| Oregon | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Pennsylvania | Yes | ||||||
| Rhode Island | Yes (Primary) |
<18 (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| South Carolina 6 | See footnote | ||||||
| South Dakota | Yes | ||||||
| Tennessee | Yes (Primary) |
Learners Permit or Intermediate License (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| Texas 7 | Yes, w/ passenger <17 (Primary) |
Intermediate Stage, 1st 12 mos. (Primary) |
Yes, w/ passenger <17 (Primary) |
Intermediate Stage, 1st 12 mos. (Primary) |
Yes | ||
| Utah 8 | See footnote | Yes (Primary) |
Covered under all driver ban | Yes | |||
| Vermont | <18 (Primary) |
Yes (Primary) |
Covered under all driver ban | ||||
| Virgin Islands | Yes | Yes | |||||
| Virginia | Yes (Primary) |
<18 (Secondary) |
Yes (Secondary) |
Covered under all driver ban (Primary) |
Covered under all driver ban | Yes | |
| Washington | Yes (Primary) |
Learner or Intermediate Stage (Primary) |
Yes (Primary) |
Covered under all driver ban | Yes | ||
| West Virginia | Learner or Intermediate Stage (Primary) |
Learner or Intermediate Stage (Primary) |
|||||
| Wisconsin | Yes (Primary) (eff. 12/10) |
Covered under all driver ban | |||||
| Wyoming | Yes (Primary) |
Covered under all driver ban | Yes | ||||
| Total | 8 + D.C., Virgin Islands Primary (7) Secondary (1) |
18 + D.C. All Primary |
28 + D.C. Primary (23 + D.C.) Secondary (5) |
30 + D.C., Guam Primary (26 + D.C., Guam) Secondary (4) |
2 Both Primary |
8 All Primary |
34 + D.C., Virgin Islands |
2 Illinois bans the use of cell phones while driving in a school zone or in a highway construction zone.
3 Maine has passed a law making it against the law to drive while distracted in the state.
4 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.
5 Dealt with as a distracted driving issue; New Hampshire enacted a comprehensive distracted driving law.
6 South Carolina has a Distracted/inattention attribute under Contributing Factors.
7 Texas has banned the use of hand-held phones and texting in school zones.
8 Utah's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a handheld cellphone or other activities not related to driving.
Sources: Insurance Institute for Highway Safety (IIHS) and State Highway Safety Offices.