States' Laws on Cell Phones, Texting in Cars Vary from Strict to None
By Jim Greene
Published on December 25, 2009
Studies have shown that talking on the cell phone while driving can increase your chances of getting in a car accident significantly. Still, concern about the danger of drivers speaking on cell phones and sending text messages varies widely across the country, if judged by states' laws regulating, or not regulating, the practices.
Seven states and the District of Columbia (D.C.) have banned all drivers from speaking on hand-held cell phones; 20 states and D.C. have banned them from texting. In some states, the ban is limited to novice drivers, school bus drivers, or both.
Hands-free Phone Use Allowed in All States but Maine
The use of hands-free cell phones by drivers is less restricted. Some states ban novice drivers, school bus drivers, or both. No state specifically bans them for the general driving population, but Maine bans them as part of a blanket ban on any form of distracted driving, the most comprehensive in the country.
Utah's law on distracted driving bans texting, but using a hand-held cell phone is considered an offense only if it is a factor in a moving violation other than speeding.
How laws are enforced is also variable by state. In some, simply using a hand-held cell phone or texting can result in a citation, a practice referred to as primary enforcement. In others, the offense is only cited when a driver is cited for another concurrent offense, known as secondary enforcement.
Other States with Strict Laws
California, Connecticut, New Jersey, New York, Oregon, and Washington are the states with total bans on both hand-held cell phoning and texting. All but Washington practice primary enforcement.
An Illinois law, which goes into effect Jan. 1, 2010, will ban texting, but will limit the ban on speaking on a hand-held unit to school zones and highway construction zones.
Alaska, Arkansas, Colorado, Louisiana, Maryland, Minnesota, New Hampshire, North Carolina, Rhode Island, Tennessee, and Virginia ban, or will soon ban, texting, but not hand-held cell phone use.
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