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Texting or dialing on your cell phone

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Cell Phone and Texting Laws

April 2010

The following chart outlines all state-level cell phone and text messaging laws. Enforcement type is shown in parenthesis.

• Handheld Cell Phones: 6 states ( Calif. , Conn. , N.J., N.Y., Ore. and Wash. ), D.C. and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.
  • All laws are primary enforcement—an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place.
• 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: 24 states and D.C. ban all cell phone use by novice drivers.
  • School Bus Drivers: Bus drivers in 17 states and D.C. may not use a cell phone when passengers are present.
• Text Messaging: 23 states, D.C. and Guam ban text messaging for all drivers. 18 states, D.C., and Guam have primary enforcement. In the other five, texting bans are secondary.
  • Novice Drivers: An additional 8 states prohibit text messaging by novice drivers.
  • School Bus Drivers: 1 state restricts 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.

Resource page:  http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html 

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