Distracted driving laws regulate the use of cell phones and other hand held devices while driving. Talking on a cell phone while driving is the number one cause of distracted driving, which results in hundreds of thousands of car accidents each year. Most states prohibit drivers from using cell phones, but these laws vary from state-to-state. Some states have laws banning any use of a cell phone while driving where others allow hands-free devices such as Bluetooth or headsets.
Hand-Held Ban
A hand-held ban refers to talking on a cell phone while holding it in your hands or using any other hand held electronic device such as an MP3 player or GPS. Additionally, drivers are prohibited from using a hand-held cell phone for navigational purposes. Most states allow the use of such devices in emergency situations.
GPS Bans
Programming a GPS while driving is usually banned in all states where using an electronic handheld device is banned. Laws in the following states specifically mention the ban of using a GPS system: Alabama, California, Massachusetts, Nevada, New Hampshire, New Jersey, and Washington. These laws allow GPS devices to be attached to a car’s dashboard or windshield but may not be used to enter information while driving. The state of New York does not allow hand-held GPS systems but may be used if affixed to a dashboard.
Primary and Secondary Enforcement
Distracted driving laws are divided into two categories: primary and secondary. A primary law means that an officer may pull you over if they notice that you are violating a cell phone use ban, even if you haven’t committed another traffic violation prior to that. The chart below outlines all primary laws in each state and will note if the law is secondary.
A secondary law means that an officer has to witness a driver committing another violation first, so that they can pull you over, and if you are seen violating a secondary ban after you’ve been pulled over, you may be ticketed for that, as well.
Bans For Bus Drivers
Most states ban school bus drivers from text messaging and hand-held cell phone use while driving. In Texas, bus drivers are prohibited from text messaging if there is a passenger aged 17 or younger in the bus.
Go here for a chart showing distracted driving penalties
| State | Ban on Use of Hand-held Electronic Devices | Ban on Text Messaging | Novice Driver Ban on Texting | Novice Driver Ban on Cell Phones(1) | Novice Driver Definition |
|---|---|---|---|---|---|
| Alabama(2) |
✔
|
✔
|
✔
|
16 and 17 year old drivers who have held an intermediate license for fewer than 6 months | |
| Alaska |
✔
|
✔
|
|||
| Arizona | |||||
| Arkansas(3) |
✔
|
✔
|
✔
|
Drivers between 18 and 20 years old | |
| California |
✔
|
✔(4)
|
✔
|
✔ (secondary)
|
Drivers younger than 18 |
| Colorado |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Connecticut |
✔
|
✔
|
✔
|
✔
|
Drivers younger than 18 |
| Delaware |
✔
|
✔
|
✔
|
✔
|
Learner or intermediate license |
| D.C. |
✔
|
✔
|
✔
|
✔
|
Learner’s permit |
| Florida |
✔
|
✔
|
|||
| Georgia |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Guam |
✔
|
✔
|
✔
|
✔
|
|
| Hawaii(5) | |||||
| Idaho |
✔
|
✔
|
|||
| Illinois(6) |
✔
|
✔
|
✔
|
Drivers younger than 19 | |
| Indiana |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Iowa |
✔ (secondary)
|
✔
|
✔
|
Restricted or intermediate license | |
| Kansas |
✔
|
✔
|
✔
|
Learner or intermediate license | |
| Kentucky |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Louisiana |
✔
|
✔(7)
|
✔(7)
|
Drivers younger than 18 or within one year of first license | |
| Maine |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Maryland |
✔ (secondary)
|
✔
|
✔
|
✔ (secondary)
|
Drivers younger than 18 or with learner/provisional license |
| Massachusetts |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Michigan |
✔(8)
|
✔(8)
|
✔(8)
|
Level 1 or 2 License | |
| Minnesota |
✔
|
✔
|
✔
|
Drivers younger than 18 or with learner/provisional license during the first year after obtaining the license | |
| Mississippi |
✔
|
Learner or provisional license | |||
| Missouri |
✔
|
Drivers younger than 21 | |||
| Montana | |||||
| Nebraska |
✔ (secondary)
|
✔ (secondary)
|
✔ (secondary)
|
Drivers younger than 18 or with learner/provisional license | |
| Nevada |
✔
|
✔
|
✔
|
||
| New Hampshire |
✔
|
✔
|
|||
| New Jersey |
✔
|
✔
|
✔
|
✔
|
Permit or Provisional License |
| New Mexico(9) |
✔
|
✔
|
Drivers younger than 18 or with learner/provisional license | ||
| New York |
✔
|
✔
|
✔
|
✔
|
|
| North Carolina |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| North Dakota |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Ohio |
✔ (secondary)
|
✔
|
✔
|
Drivers younger than 18 | |
| Oklahoma |
✔
|
✔
|
Learner or intermediate license | ||
| Oregon |
✔
|
✔
|
✔
|
✔
|
Drivers younger than 18 |
| Pennsylvania |
✔
|
✔
|
|||
| Puerto Rico |
✔
|
✔
|
✔
|
✔
|
|
| Rhode Island |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| South Carolina(10) | |||||
| South Dakota |
✔ (secondary)
|
✔ (secondary)
|
Learner or intermediate license | ||
| Tennessee |
✔
|
✔
|
✔
|
Learner or intermediate license | |
| Texas(11) |
✔
|
✔
|
Drivers younger than 18 | ||
| Utah |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Vermont |
✔
|
✔
|
✔
|
Drivers younger than 18 | |
| Virgin Islands |
✔
|
✔
|
✔
|
✔
|
|
| Virginia |
✔
|
✔ (secondary)
|
✔ (secondary)
|
Drivers younger than 18 | |
| Washington |
✔
|
✔
|
✔
|
✔
|
Learner or intermediate license |
| West Virginia |
✔(12) (secondary)
|
✔
|
✔
|
✔
|
Drivers younger than 18 or with learner/provisional license |
| Wisconsin |
✔
|
✔
|
✔
|
Learner or intermediate license | |
| Wyoming |
✔
|
✔
|
✔
|
Drivers younger than 18 |
- Includes ban on hands-free devices such as Bluetooth unless otherwise stated
- Additional bans on distracted driving are in effect in Birmingham, Decatur, Huntsville, Montgomery, Madison, Vestavia Hills, Gadsden, Jacksonville, Roanoke, Scottsboro, Fairhope, Spanish Fort, Florence
- Arkansas has banned the use of hand-held cell phones while driving in school zones and highway work zones
- Drivers over 18 may use hands free voice integrated systems for text messaging in California
- In Hawaii, there will be a ban in effect on July 01 2013 for all drivers using hand held devices while driving. Novice drivers (younger than 18) will not allowed to use hands free devices as well.
- Illinois has banned using cell phones while driving in a school zone or in a highway construction zone.
- In Louisiana, drivers who still have their first driver’s license, are prohibited from using a cell phone while driving for one year. This is a secondary law for drivers over the age of 18
- There is an exception for hands-free voice-operated systems in Michigan
- There is a hand-held ban for drivers in state vehicles in New Mexico
- South Carolina has a distracted/inattention attribute under contributing factors. This means it may be listed as a cause to an accident. There are also local laws in place for distracted driving in Camden, Columbia, Walhalla, Clemson, Sumter and West Union.
- Texas has banned the use of hand-held phones and texting in school zones. Texting while driving is prohibited in several cities in Texas, including: Alamo, Arlington, Austin, Bellaire, Brownsville, Conroe, El Paso, Galveston, Harlingen, Magnolia, McAllen, Mission, Missouri City, Mount Vernon, Nacogdoches, Palmview, Penitas, San Antonio, Shoreacres, Stephenville, Tomball, Universal City, West University Place.
- The hand-held ban in West Virginia will become primary after July 1st 2013