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Monday, 15 August 2011

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Cell Phone and Texting Laws

This chart outlines all state cell phone and text messaging laws. Some local jurisdictions may have additional regulations. Enforcement type is shown in parenthesis.
  • Handheld Cell Phones: 9 states, 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.

·         Learn More About Distracted Driving

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: 30 states and D.C. ban all cell phone use by novice drivers.
    • School Bus Drivers: Bus drivers in 19 states and D.C. may not use a cell phone when passengers are present.
  • Text Messaging: 34 states, D.C. and Guam ban text messaging for all drivers. 31 states, D.C., and Guam have primary enforcement; the others, secondary.
    • Novice Drivers: An additional 7 states prohibit text messaging by novice drivers.
    • School Bus Drivers: 3 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, or 17 w/ Intermediate License <6 months
(Primary)


16, or 17 w/ Intermediate License <6 months
(Primary)

Alaska



Yes
(Primary)
Covered under all driver ban
Yes
Arizona

Yes
(Primary)





Arkansas 1
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)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban

Delaware
Yes
(Primary)
Yes
(Primary)
Learner or Intermediate License (Primary)
Yes
(Primary)
Covered under all driver ban
Yes
D.C.
Yes
(Primary)
Yes
(Primary)
Learners Permit
(Primary)
Yes
(Primary)
Covered under all driver ban
Yes
Florida






Yes
Georgia

Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban
Yes
Guam



Yes
(Primary)
Covered under all driver ban

Hawaii 2
See footnote






Idaho 3






See footnote
Illinois 4
See footnote
Yes
(Primary)
<19
(Primary)
Yes
(Primary)
Covered under all driver ban
Yes
Indiana


<18
(Primary)
Yes
(Primary)
(eff. 7/1/11)
Covered under all driver ban
Yes
Iowa


Restricted or Intermediate License
(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 License
(Primary for <18)
Yes
(Primary)
Covered under all driver ban
Yes
Maine


<18
(Primary)
Yes
(Primary)
(eff. 9/1/11)
Covered under all driver ban
Yes
Maryland
Yes
(Secondary)

<18 w/ Learner or Provisional License
(Secondary)
Yes
(Primary)
Covered under all driver ban
Yes
Massachusetts

Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban
Yes
Michigan 5


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

Yes
(Primary)
(eff. 7/1/11)


Yes
(Primary)
(eff. 7/1/11)
Learner or Provisional License
(Primary)

Missouri





<21
(Primary)

Montana






Yes
Nebraska


<18 w/ Learner or Intermediate License
(Secondary)
Yes
(Secondary)
Covered under all driver ban
Yes
Nevada
Yes
(Primary)
(eff. 1/1/12)


Yes
(Primary)
(eff. 1/1/12)
Covered under all driver ban
Yes
New Hampshire 6



Yes
(Primary)
Covered under all driver ban

New Jersey
Yes
(Primary)
Yes
(Primary)
Permit or Provisional License
(Primary)
Yes
(Primary)
Covered under all driver ban
Yes
New Mexico
In State vehicles

Learner or Provisional License
(Primary)


Learner or Provisional License
(Primary)
Yes
New York
Yes
(Primary)


Yes
(Primary)
Covered under all driver ban
Yes
North Carolina

Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban

North Dakota


<18
(Primary)
(eff. 1/1/12)
Yes
(Primary) 
(eff. 8/1/11)
Covered under all driver ban
Yes
Ohio







Oklahoma
Learner or Intermediate License
(Primary)
Yes
(Primary)


Yes
(Primary)
Learner or Intermediate License
(Primary)
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 Carolina7






See footnote
South Dakota






Yes
Tennessee

Yes
(Primary)
Learner or Intermediate License
(Primary)
Yes
(Primary)
Covered under all driver ban
Yes
Texas 8

Yes, w/ passenger<17
(Primary)
Intermediate License, 1st 12 mos.
(Primary)

Yes, w/ passenger<17
(Primary)
Intermediate License, 1st 12 mos.
(Primary)
Yes
Utah 9
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 Licence
(Primary)
Yes
(Primary)
Covered under all driver ban
Yes
West Virginia


<18 w/ Learner or Intermediate Licence
(Primary)


<18 w/ Learner or Intermediate Licence
(Primary)

Wisconsin



Yes
(Primary)
Covered under all driver ban

Wyoming



Yes
(Primary)
Covered under all driver ban
Yes
Total States
9 + D.C., Virgin Islands
Primary (8)
Secondary (1)
19 + D.C.
All Primary
30 + D.C.
Primary (25 + D.C.)
Secondary (5)
34 + D.C., Guam
Primary (31 + D.C., Guam)
Secondary (3)
3
All Primary
7
All Primary
35 + D.C., Virgin Islands
Posted by at 19:57
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