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Cell Phone Driving Laws by State
For many, wireless communications has delivered on the promise of the untethered life by allowing us to stay in touch wherever we are and whenever we want. And for an increasingly mobile culture, "where" and “when” is often in the car. As with any activity you engage in when behind the wheel, using your cell phone while driving can pose potential risks. Already some states have mandated the use of hands free phone kits while driving for all drivers, while other states have laws for new drivers, and many states still have similar legislation pending.
Not sure where your state stands on driving and using cell phones? Here’s a list of how individual states are dealing with the issue and more specifically how it affects you. In most cases, you can still use a phone during emergency situations. Many states have laws about bus drivers using cell phones while driving that are not listed here. If you don’t see your state listed below, it simply means there is currently no cell phone driving laws on the books. If you want the latest and most current information on the topic, visit the National Highway Traffic Safety Administration (NHTSA).
California Beginning in July 2008, 23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
Colorado Drivers with a learner’s permit can’t use a cell phone while driving.
Connecticut Hands-free devices are required while using a phone while driving.
Delaware Drivers with a learner’s permit can’t use a cell phone while operating a car.
District of Columbia All drivers must use a hands-free device while operating a car. Additionally, drivers with a learner’s permit can’t use a cell phone while operating a car.
Florida Drivers can use a cell phone while operating a car as long as the sound goes through only one ear; the other ear must be kept free to hear surrounding sound.
Illinois Drivers under the age of 18 can’t use a cell phone while operating a car. Additional restrictions may exist by jurisdiction.
Maine Drivers with a learner’s permit or under the age of 18 with restricted licenses can’t use a cell phone while driving.
Maryland Drivers with a learner’s/intermediate permit or under the age of 18 with restricted licenses can’t use a cell phone while driving.
Massachusetts Drivers can use the cell phone while driving as long as it does not get in the way of the vehicle's operation and one hand is on the wheel at all times.
Minnesota Drivers with a learner’s permit or under the age of 18 can’t use a cell phone while driving.
Nebraska Beginning in January 2008, teens with provision, learner's, or school permits can’t talk on cell phones, send text messages, or use other interactive electronic devices while driving.
New Hampshire Cell phone use while driving is not forbidden, but fines are imposed on drivers who cause accidents while on the phone.
New Jersey Drivers need to use a hands-free devices while driving, but the measure can only be enforced when the driver is violating another law. Additionally, drivers under age 21 or those on a graduate license permit/provisional license can’t use a phone while operating a vehicle.
New Mexico Drivers of state vehicles must use a hands-free device when using a cell phone while driving. Both students and instructors in driver education situations are forbidden from using cell phones in the course of behind-the-wheel training. Additional restrictions may exist by jurisdiction.
New York Hands-free devices are required while using a phone while driving.
North Carolina Drivers under the age of 18 can’t use a cell phone while driving, except to call 911 or parents.
Ohio Currently, there are no state laws, however, laws may vary by jurisdiction.
Oregon Beginning in January 2008, drivers with a learner's permit and intermediate license holders can’t use a cell phone while operating a vehicle.
Pennsylvania Currently, there are no state laws, however, laws may vary by jurisdiction.
Rhode Island Drivers under the age of 18 can’t use a cell phone while driving.
Tennessee Drivers with a learner’s permit or intermediate license can’t use a cell phone while driving on a highway.
Texas Drivers with a learner’s permit/intermediate license or under the age of 18 with restricted licenses can’t use any handheld wireless device while driving.
Utah State law covers "careless driving" offenses, such as when a driver commits a traffic violation while, for example, holding a cell phone.
Virginia Drivers with intermediate licenses can’t use a cell phone or headset while driving.
Washington Beginning in January 2008, drivers can’t compose or send text messages while driving. Starting July 2008, hands-free devices will be required for cell phone use while driving.
West Virginia Drivers with a learner’s permit or intermediate license can’t use a cell phone while driving.
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California Sate Cell Phone Law
Hand-Held Wireless Telephone: Prohibited Use
23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
(b) ( ) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:
(1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver’s license to operate.
(B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.
(2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.
(3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.
(4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.
(5) A tow truck, as defined in Section 615.
(f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(g) This section does not apply to a person while driving a motor vehicle on private property.
(h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.
Added and repealed Sec. 4, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2008. Repeal operative July 1, 2011.
Amended Sec. 2, Ch. 214, Stats. 2007. Effective January 1, Operative July 1, 2008
The 2007 amendment added the italicized material, and at the point(s) indicated, deleted the following “Notwithstanding subdivision (a) of Section 42001 or any other provision of law, a”
NOTE: The preceding section is repealed January 1, 2011, at which time the following section becomes operative.
23123 (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.
(b) ( ) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.
(c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.
(d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.
(e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.
(f) This section does not apply to a person while driving a motor vehicle on private property.
(g) This section shall become operative on July 1, 2011.
Added Sec. 5, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2011.
Amended Sec. 3, Ch. 214, Stats. 2007. Effective January 1, 2008. Operative July 1, 2011
The 2007 amendment added the italicized material, and at the point(s) indicated, deleted the following “Notwithstanding subdivision (a) of Section 42001 or any other provision of law, a violation of this sections”
