Cell Phone Driving Laws

Cell Phone Driving Laws 2009 For All Drivers Current state cell phone driving law highlights include the following:      Handheld Cell Phone Bans for All Drivers: 6 states (California, Connecticut, New Jersey, New York, Oregon and Washington), the District of Columbia and the Virgin Islands prohibit all drivers from talking on handheld cell phones while driving. o 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. All Cell Phone Bans: No state completely bans all types of cell phone use (handheld and hands-free) for all drivers, but many prohibit cell phone use by certain segments of the population. o Novice Drivers: 20 states and the District of Columbia ban all cell use by novice drivers. o School Bus Drivers: In 16 states and the District of Columbia, school bus drivers are prohibited from all cell phone use when passengers are present. Text Messaging: 16 states and the District of Columbia now ban text messaging for all drivers. o Novice Drivers: 9 states prohibit text messaging by novice drivers. o School Bus Drivers: 1 state restricts school bus drivers from texting while driving. Pre-emption Laws: 8 states have laws that prohibit local jurisdictions from enacting restrictions. In 6 other states, localities are allowed to ban cell phone use. Some states, such as Utah and New Hampshire, treat cell phone use as a larger distracted driving issue. o Utah considers speaking on a cell phone to be an offense only if a driver is also committing some other moving violation (other than speeding). All Cell Phone Ban Text Messaging Ban Crash PreEnforcem Data empti ent Collect on ed Law State Handhe ld Ban School Bus Driver s Novice Drivers School All Bus Drive Driver rs s Novice Drivers Alabama Alaska Yes Covere d Covered under all Primary Yes under all driver ban Arizona Arkansas Yes Yes <18; 18 20 can use hands free only (eff. 10/09) Yes Covere (eff. d 10/09 under all ) driver ban driver ban Primary Covered under all driver ban Primary: texting and cell phone use by bus drivers Secondary : cell phone use by novice drivers California Yes Yes <18 Yes Covere d under all driver ban Covered under all driver ban Primary Yes Colorado <18 Yes (eff. 12/09 ) Yes Covere d under all driver ban Covered under all driver ban Primary Yes Connectic ut Yes Yes Learners Permit and <18 Primary Yes Delaware Yes Learner's permit and intermedi ate license holders Learners Permit Yes Covere d under all driver ban Learner's Primary permit and intermedi ate license holders Covered under all driver ban Primary Yes D.C. Yes Yes Florida Georgia Hawaii Idaho Illinois By jurisdicti on Yes <19 Primary Yes Primary Yes Yes Yes Yes Indiana Iowa Kansas <18 <18 Primary Yes Yes Learner or Intermed iate License (eff. 1/10) Learner Primary or Intermed iate License (eff. 1/10) Kentucky Louisiana 1 See footnote Yes Yes See footnote Yes Covere d under all driver ban Covered under all driver ban Primary Secondary (primary for school bus) Yes Yes Maine Maryland <18 <18 w/ Yes Covere Learner (eff. d or 10/09 under Provision all ) driver al License ban Yes <18 Covered under all driver ban Primary Secondary (primary for texting) Yes Massachus By jurisdicti etts on Michigan 2 By jurisdicti on Primary Yes See footnote Yes Minnesota Yes Learner or Provision al License for 1st 12 mos. Yes Covere d under all driver ban Covered under all driver ban Primary Yes Mississippi Learner Primary or Provision al License Yes Missouri Montana Nebraska <18 w/ Learners or Provision al License <21 Yes <18 w/ Secondary Learners or Provision al License Yes Nevada New Hampshire 3 Yes Yes (eff. 1/10) Covere d under all driver ban (eff. 1/10) Covere d under all driver ban Covered under all driver ban (eff. 1/10) Yes New Jersey Yes Yes <21 w/ GDL or Provision al License Yes Covered under all driver ban Primary Yes New Mexico By jurisdicti on and in State vehicles Yes Yes <18 Yes Covere (eff. d 12/09 under Covered under all driver Primary Primary Yes Yes New York North Carolina ) all driver ban (eff. 12/09) ban (eff. 12/09) North Dakota Ohio By jurisdicti on Yes Yes (eff. 1/10) Covere d under all driver ban (eff. 1/10) Covered under all driver ban (eff. 1/10) Yes (eff. 1/10) Covere d under all driver ban (eff. 1/10) Covered under all driver ban (eff. 1/10) Primary (eff. 1/10) Yes Yes Yes Oklahoma Oregon Pennsylva nia By jurisdicti on Yes <18 Primary Yes Rhode Island South Carolina South Dakota Tennessee Yes Yes Learners Permit or Yes Primary Yes Intermed iate License Texas Yes, w/ Intermed passen iate ger <17 Stage, 1st 6 mos. See footnote Yes Yes, w/ Intermed Primary passen iate ger <17 Stage, 1st 6 mos. Covere d under all driver ban Covered under all driver ban Primary Yes Utah 4 Yes Yes Vermont Virgin Islands Virginia Yes No data Yes Yes <18 Yes Covere d under all driver ban Covere d under all driver ban Covered under all driver ban Secondary (primary for school bus) Yes Washingto n Yes Yes Covered under all driver ban Secondary Yes West Virginia Learner or Intermed iate Stage Learner Primary or Intermed iate Stage Wisconsin Wyoming Total 6 + D.C., Virgin Islands By jurisdicti on: 6 16 + D.C. 20 + D.C. 16 + D.C. 1 9 Varies 29 + Virgin Islands 8 Four Canadian provinces — Newfoundland and Labrador, Nova Scotia, Ontario and Quebec — have already enacted laws that prohibit the use of hand-held devices while driving. Based upon the trend, this will become a larger issue in more states plus insurance companies and supported by the CSSE and Canadian and International Chiefs of Police Association, plus the College of Physicians this could soon become a moving violation for points on a person’s license, currently it is treated as a NSC equipment violation entry.