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Restrictions on cell phone use while driving in the United States

Restrictions on cell phone use while driving—by state
  Hands-free cell phone use only
  Texting while driving prohibited for all drivers
  No restrictions on cell phone use while driving

Various laws in the United States regulate the use of mobile phones and other electronics by motorists. Different states take different approaches. Some laws affect only novice drivers or commercial drivers, while some laws affect all drivers. Some laws target handheld devices only, while other laws affect both handheld and handsfree devices.

Regulatory laws

The laws regulating driving (or "distracted driving") may be subject to primary enforcement or secondary enforcement by state, county or local authorities.[1] All state-level cell phone use laws in the United States are of the "primary enforcement" type — meaning an officer may cite a driver for using a hand-held cell phone without any other traffic offense having taken place — except in some cases involving newer (or "novice"), drivers.[2] In the case of secondary enforcement, a police officer may only stop or cite a driver for a cell phone use violation if the driver has committed another primary violation (such as speeding or failure to stop) at the same time.

A federal transportation funding law passed in July 2012, known as the Moving Ahead for Progress in the 21st Century Act (MAP-21), provided $17.5 million in grants during fiscal year 2013 for states with primary enforcement laws against distracted driving, including laws prohibiting cell phone use while driving. States with secondary enforcement laws or no laws at all are ineligible to receive this grant funding.[3][4]

Laws by state

No state bans all cell phone use for all drivers. However, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Tennessee, Vermont, Virginia,[5] Washington, West Virginia (plus Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands) prohibit all drivers from using hand-held cell phones while driving. Thirty-six states and Washington, D.C. ban all cell phone use by newer drivers, while 19 states and Washington, D.C., prohibit any cell phone use by school bus drivers if children are present.[2] Ohio only bans hand-held use beyond its "one-swipe rule.[citation needed]

Preemption laws

Cell phone use is regulated by local ordinance during certain hours in Southside Place, Texas, in Greater Houston.

Often, local authorities pass their own distracted driving bans—most include the use of cell phones while driving. Several states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Pennsylvania, and Oklahoma) have prohibited localities from enacting their own laws regarding cell phone use.[2]

Cost of distracted driving

A 2014 report from the National Safety Council, which compiles data on injuries and fatalities from 2013 and earlier, concluded that use of mobile phones caused 26% of U.S. car accidents.[42] Just 5% of mobile phone-related accidents in the U.S. involved texting:[43] "The majority of the accidents involve drivers distracted while talking on handheld or hands-free cellphones."[42]

The U.S. Department of Transportation has established an official website to combat distracted driving, Distraction.gov.[44]

In 2010, the State Farm insurance company stated that mobile phone use annually resulted in: 636,000 crashes, 330,000 personal injuries, 12,000 major injuries, 2,700 deaths, and $43 billion in damages.[45]

In 2018, the National Highway Traffic Safety Administration released the following data - 2,841 lives lost due to distracted driving. Among those killed: 1,730 drivers, 605 passengers, 400 pedestrians and 77 bicyclists. The report clearly states, texting is the "most alarming distraction".[46]

See also

References

  1. ^ State Laws; "Government: Get the Facts;" retrieved April 2013
  2. ^ a b c Cellphone Laws; GHSA on line; retrieved April 30, 2013
  3. ^ National Highway Traffic Safety Administration (NHTSA) (August 22, 2012), U.S. Department of Transportation Announces New Federal Grant Program to Help States Fight Distracted Driving, retrieved August 30, 2013
  4. ^ American Association of State Highway and Transportation Officials (AASHTO) (August 24, 2012), "States Vie for New Federal Funding to Help End Distracted Driving", AASHTO Journal, retrieved August 30, 2013
  5. ^ "§ 46.2-1078.1. (Repealed effective January 1, 2021) Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty". law.lis.virginia.gov. Retrieved 2020-08-06.
  6. ^ Cell Phone Driving Bans...; PC World; retrieved May 01, 2013
  7. ^ a b c d e Cellular Phone Use and Texting While Driving Laws; NCSL online; accessed October 4, 2016
  8. ^ "Distracted Driving". Governors Highway Safety Association. Retrieved 4 Feb 2021.
  9. ^ "AZ Teen Driving Law". AZ Defenders. 2019-08-08. Retrieved 2022-05-09.
  10. ^ a b c d e f g h i j k l m n o p q r Let's Talk (May 1, 2013). "Cell Phone Driving Laws by State". Archived from the original on December 26, 2012.
  11. ^ "New Texting Laws Protect Florida Drivers". Florida Farm Bureau Insurance. 2019-08-01. Retrieved 2020-01-03.
  12. ^ a b Busek, Amy (May 21, 2013), "Law bans driver's use of cellphone", Honolulu Star-Advertiser, retrieved July 22, 2013 (subscription required)
  13. ^ "Section 49-1401A – Idaho State Legislature". Retrieved 2022-02-21.
  14. ^ Cell Phone Laws; Insurance institute for Highway Safety; retrieved April 2013
  15. ^ https://www.legis.iowa.gov/docs/publications/LGE/87/SF234.pdf [bare URL PDF]
  16. ^ a b "It's official: Texting While Driving in Iowa Can Get You Pulled Over—and Even Land You in Prison". Des Moines Register. Retrieved 2017-06-25.
  17. ^ Iowa Legislation;
  18. ^ "Louisiana State Legislature". legis.la.gov. Retrieved 2020-05-27.
  19. ^ "Louisiana State Legislature". legis.la.gov. Retrieved 2020-05-27.
  20. ^ "Louisiana State Legislature". legis.la.gov. Retrieved 2020-05-27.
  21. ^ "Louisiana State Legislature". legis.la.gov. Retrieved 2020-05-27.
  22. ^ McCurley, John; Law, Attorney · University of San Francisco School of. "Maine's Cell Phone-Use & Texting-While-Driving Laws". www.drivinglaws.org. Retrieved 17 May 2024.
  23. ^ McCurley, John; Law, Attorney · University of San Francisco School of. "Maine's Cell Phone-Use & Texting-While-Driving Laws". www.drivinglaws.org. Retrieved 17 May 2024.
  24. ^ New Bill Makes Talking on Handheld Cell Phone While Driving Primary Offense; March 03, 2013 article; CBS Baltimore; retrieved May 01, 2013
  25. ^ "Gov. Charlie Baker Signs Distracted Driving Bill"
  26. ^ "Distracted Driving". Michigan State Police.
  27. ^ Garrity, Liam (2023-07-07). "Missouri Governor Parson signs distracted driving bill; marks the 49th state to ban texting while driving for all ages". www.ky3.com. Retrieved 2023-08-28.
  28. ^ Handheld Cell Phone Ban Archived 2013-05-13 at the Wayback Machine; Nevada DOT online; retrieved May 01, 2013
  29. ^ [The New Jersey Driver Manual]
  30. ^ Cell Phone; NYS: Department of Motor Vehicles on line; retrieved April 2013
  31. ^ "Ohio's new distracted driving law takes effect tomorrow: Gov. Mike DeWine discusses impacts on drivers and cell phones"; by Ryan Haidet and Neil Fischer; published April 3rd, 2023
  32. ^ Texting While Driving Ban; Oklahoma Department of Transportation online; retrieved January 01, 2021
  33. ^ "In South Carolina, texting & driving ticketing begins".
  34. ^ "2010 Tennessee Code :: Title 55 - Motor and Other Vehicles :: Chapter 8 - Operation of VehiclesRules of the Road :: :: 55-8-199 - Use of hand-held mobile telephone or personal digital assistant prohibited while driving".
  35. ^ Can You Get in Trouble for Using Your Cell Phone While Driving in Texas?; Attorney Brian White's Personal Injury Blog accessed August 2020
  36. ^ [1] What you need to know about Texas' texting and driving ban; Dallas News accessed September 2017
  37. ^ Morning Commuters Mostly Stow Cellphones; Burlington Freepress on line; accessed October 2016
  38. ^ Distracted Driving; Vermont Department of Motor Vehicles; accessed July 2019
  39. ^ a b c The Vermont Statutes Online
  40. ^ a b c "Virginia HB874 | 2020 | Regular Session". LegiScan. Retrieved 2020-03-25.
  41. ^ "Wisconsin Department of Transportation" (PDF).
  42. ^ a b Gabrielle Kratsas, Cellphone use causes over 1 in 4 car accidents, USA Today (March 28, 2014).
  43. ^ "New Florida Law Prohibiting Texting And Driving Officially In Effect". Stuart Magazine. Retrieved 2019-11-18.
  44. ^ Distraction.gov, U.S. Department of Transportation.
  45. ^ Cell Phone Use While Driving; State Farm – Learning Center; retrieved May 01, 2013
  46. ^ "Distracted Driving". NHTSA. 2016-09-08. Retrieved 2020-08-06.

Further reading