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Cell Phone Driving Laws by State

Posted Apr 9th 2008 5:40PM

Alabama - Florida

At a Glance:
  • 6 states and DC ban cell phone use without a hands-free device.
  • 6 states allow localities to ban cell phone use.
  • 8 states prohibit localities from banning cell phone use.
  • 14 states and DC ban the use of cell phones while driving a school bus.
  • 17 states and DC ban the use of cell phones by novice drivers.

    Alabama

    Hand-Held Devices: Allowed
    Bus Drivers*: Allowed
    Novice Restrictions**: None
    Enforcement: N/A

  • Speak Out!

    Alaska

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Arizona

    Hand-Held Devices: Allowed
    Bus Drivers: Banned
    Novice Restrictions: None
    Enforcement: Primary***

    Arkansas

    Hand-Held Devices: Allowed
    Bus Drivers: Banned
    Novice Restrictions: None
    Enforcement: Primary

    California

    Hand-Held Devices: Banned (as of 7/2008)
    All drivers must use a hands free device**** (except for emergencies, and drivers of emergency response vehicles)
    Commercial vehicle drivers exempted from requirement until 2011.
    Bus Drivers: Banned (including transit operators)
    Novice Restrictions: 18 and Under (as of July 2008)
    Enforcement: Primary
    An officer in California can stop a person, regardless of age, holding a cellphone and talking on it, but they may not use checkpoints to enforce the all cell ban for drivers younger than 18.
    Fines: $20 for a first offense; $50 for subsequent infractions

    Colorado

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: Learner's Permit, regardless of age
    Enforcement: N/A

    Connecticut

    Hand-Held Devices: Banned (as of 10/1/05)
    All drivers on public and private roads must use hands free device, except for emergency situations.
    Bus Drivers: Banned
    Novice Restrictions: Learner's Permit and Under 18
    Enforcement: Primary
    Fines: $100 for first-time offenders


    See Also: 5 States That Make You Pay Big

    Delaware

    Hand-Held Devices: Allowed
    Bus Drivers: Banned
    Novice Restrictions: Learner's Permit and Intermediate Licenses (unless pulled to the side of the road)
    Enforcement: Primary

    Florida

    Hand-Held Devices: Allowed
    However, officers can code "Driver Distraction" as contributing cause and list cell phone in the narrative.
    Prohibit localities from banning cell phone use.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Georgia - Kentucky

    Georgia

    Hand-Held Devices: Allowed
    Bus Drivers: Banned
    Novice Restrictions: None
    Enforcement: N/A

    Hawaii

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Speak Out!

    Idaho

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A


    See Also: 11 Worst Cell Phone Offenders

    Illinois

    Hand-Held Devices: By Jurisdiction -- Banned in Chicago (as of 7/8/05)
    Bus Drivers: Banned
    Novice Restrictions: Under 19 and Learner's Permit
    Enforcement: Primary
    Fines: $50.00 per offense, up to $200.00 if the offending call occurs during an accident

    Indiana

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Iowa

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Kansas

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Kentucky

    Hand-Held Devices: Allowed
    Prohibit localities from banning cell phone use.
    Bus Drivers: Banned
    Novice Restrictions: None
    Enforcement: Primary

    * School Bus Drivers

    This is sort of no brainer, but only 14 states and the District of Columbia currently have a ban on School Bus drivers talking or texting in non-emergency situations.

    ** Novice Drivers

    The District of Columbia and 17 states currently have laws focused on novice drivers, generally meaning those with learner's permits or restricted/novice licenses. These laws almost always include a full ban on persons driving with learner's permits from using a cell phone in a non-emergency situation. New Jersey doesn't allow drivers under the age of 21 to use a cell phone while driving if they don't have a full, non-graduated license.

    *** Primary Vs. Secondary

    As with many laws, including seat belt laws and open container laws, enforcement is either Primary or secondary. If it is a Primary enforcement law, you can get pulled over just for violating it. If it's a secondary law, you have to also break an additional law before you can get cited. For example, in Colorado you'd have to run a stop sign or speed before getting the additional ticket for violating the cell phone ban.

    **** Hands-Free Device

    Although there is still much debate over whether or not hands-free sets are safer, however it's legal to use a cell phone with a hands-free kit according to state laws (city laws may vary).

    Louisiana - New Hampshire

    Louisiana

    Hand-Held Devices: Allowed
    Prohibit localities from banning cell phone use.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Maine

    Hand-Held Devices:: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: Learner's Permit and Intermediate License
    Enforcement: Primary

    Speak Out!

    Maryland

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: Learner's Permit and Intermediate License
    Enforcement: Secondary

    Massachusetts

    Hand-Held Devices: By Jurisdiction -- Banned in Brookline
    Cell phone use is permitted only if it doesn't interfere with the operation of the vehicle and one hand remains on the steering wheel at all times.
    Bus Drivers: Banned
    Novice Restrictions: None
    Enforcement: Primary

    Michigan

    Hand-Held Devices: By Jurisdiction -- Banned in Detroit
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A


    See Also: 11 Worst Cell Phone Offenders

    Minnesota

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: Learner's Permit and Provisional Licenses for the first 12 months after licensing
    Enforcement: Primary

    Mississippi

    Hand-Held Devices: Allowed
    Prohibit localities from banning cell phone use.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Missouri

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Montana

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Nebraska

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: Learners Permit and Intermediate License Holders under 18
    , includes Blackberry and other wireless devices
    Enforcement: Secondary

    Nevada

    Hand-Held Devices: Allowed
    Prohibit localities from banning cell phone use.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    See Also: 5 States That Make You Pay Big

    New Hampshire

    Hand-Held Devices: Allowed
    However, it is dealt with as a distracted driving issue.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    New Jersey - South Carolina

    New Jersey

    Hand-Held Devices: Banned, Including Text Messaging (as of 3/01/08)
    Hands free cell phone devices are required while operating a vehicle
    Bus Drivers: Banned
    Novice Restrictions: Learner's Permit and Intermediate Licenses
    Enforcement: Primary

    New Mexico

    Hand-Held Devices: By Jurisdiction -- Banned in Santa Fe (as of 2002)
    However, Santa Fe lawmakers are considering dropping the city's ban, claiming there is no proof that it helps.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A
    Fine:$101

    Speak Out!

    New York

    Hand-Held Devices:Banned
    Hands-free cell phone devices are required while operating a vehicle.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A
    Fines: $100 maximum, $50 mandatory surcharge

    North Carolina

    Hand-Held Devices: Allowed
    Bus Drivers: Banned
    Novice Restrictions: Drivers Under 18
    Enforcement: Primary


    See Also: 11 Worst Cell Phone Offenders

    North Dakota

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A


    NOTE: These stats are from 2008. Please check your DMV to see if your state now has a cell phone fine.

    Ohio

    Hand-Held Devices: By Jurisdiction -- Banned in Brookyln, North Olmstead and Walton Hills. Cleveland is under debate.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Oklahoma

    Hand-Held Devices: Allowed
    Prohibit localities from banning cell phone use.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Oregon

    Hand-Held Devices: Allowed
    Prohibit localities from banning cell phone use.
    Bus Drivers: Allowed
    Novice Restrictions: Learner's Permit and Intermediate Licenses (as of 2008)
    Enforcement: Secondary

    Pennsylvania

    Hand-Held Devices: By Jurisdiction -- Banned in Philadelphia (as of 3/1/08), Lebanon, Conshohocken and Conshohocken
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: Primary (in Philadelphia)
    Fines: $100 to $250 (in Philadelphia)


    See Also: 5 States That Make You Pay Big

    Rhode Island

    Hand-Held Devices: Allowed
    Bus Drivers: Banned
    Novice Restrictions: Under 18
    Enforcement: Primary

    South Carolina

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    South Dakota - Wyoming

    South Dakota

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Tennessee

    Hand-Held Devices: Allowed
    Bus Drivers: Banned
    Novice Restrictions: Learner's Permit and Intermediate Licenses
    Enforcement: Primary

    Speak Out!

    Texas

    Hand-Held Devices: Allowed
    Bus Drivers: Banned (when a passenger 17 and younger is present)
    Novice Restrictions: Intermediate License Holders
    Enforcement: Primary

    See Also: 11 Worst Cell Phone Offenders

    Utah

    Hand-Held Devices: Allowed
    However, state law includes "careless driving" offenses, defined as when a driver commits a traffic violation while distracted, including while holding a cell phone.
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: Secondary

    Vermont

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Virginia

    Hand-Held Devices:Allowed
    Bus Drivers: Allowed
    Novice Restrictions: Intermediate License Holders, Drivers under 18
    Enforcement: Secondary

    Washington

    Hand-Held Devices: Banned (as of July 2008); Text Messaging (as of January 2008)
    Hands free cell phone devices are required while operating a vehicle.
    Bus Drivers: Banned
    Bus Drivers: None
    Enforcement: Secondary
    Fines: $101

    Washington, D.C.

    Hand-Held Devices: Banned. All drivers (regardless of residency) must use hands-free device. (Except for emergencies and on-duty emergency and police personnel.)
    Bus Drivers: Banned
    Novice Restrictions: Learner's Permit Holders
    Enforcement: Primary
    Fines: $100, but first-time offenders can get it suspended by buying a hands-free accessory within a specified time

    See Also: 5 States That Make You Pay Big

    West Virginia

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: Learner's Permit and Intermediate License Holders
    Enforcement: Secondary

    Wisconsin

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    Wyoming

    Hand-Held Devices: Allowed
    Bus Drivers: Allowed
    Novice Restrictions: None
    Enforcement: N/A

    NOTE:
    These stats are from 2008. Please check your DMV to see if your state now has a cell phone fine.



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