Cellphone Laws

www.TrafficTicketSecrets.com
June 2008

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A jurisdiction-wide ban on driving while talking on a hand-held cellular phone is in place in 6 states (California, Connecticut, New Jersey, New York, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cellphone unless they are also committing some other moving violation other than speeding.

Localities are allowed to ban cellphone use in 6 states (Illinois, Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania).  Localities that have enacted restrictions on cellphone use include: Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead and Walton Hills, OH; and Conshohocken, Lebanon and West Conshohocken, PA.

Localities are prohibited from banning cellphone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon, and Utah).

The use of all cellular phones while driving a school bus is prohibited in 16 states and the District of Columbia.

The use of cellular phones by teens in the graduated licensing system is restricted in 17 states and the District of Columbia.

The table below shows the states that have cell phone laws, whether they specifically ban text messaging, and whether they are enforced as primary or secondary laws.  Under secondary laws, an officer must have some other reason to stop a vehicle before citing a driver for using a cellphone.  Laws without this restriction are called primary.  California and Utah have unusual provisions noted below.

  Laws restricting cellphone use and texting
State Hand-held ban All cellphone ban Texting ban Enforcement
Alabama no no no not applicable
Alaska no no all drivers (effective 09/01/08) primary (effective 09/01/08)
Arizona no school bus drivers no primary
Arkansas no school bus drivers school bus drivers primary
California all drivers (effective 07/01/08) school and transit bus drivers and drivers younger than 18 (effective 07/01/08) drivers younger than 18 (effective 07/01/08) primary1
Colorado no learner's permit holders no secondary
Connecticut all drivers learner's permit holders, drivers younger than 18, and school bus drivers school bus drivers primary
Delaware no school bus drivers and learner's permit and intermediate license holders learner's permit and intermediate license holders primary
District of Columbia all drivers school bus drivers and learner's permit holders all drivers primary
Florida no no no not applicable
Georgia no school bus drivers no primary
Hawaii no no no not applicable
Idaho no no no not applicable
Illinois local option learner's permit holders younger than 19, drivers younger than 19, and school bus drivers no primary
Indiana no no no not applicable
Iowa no no no not applicable
Kansas no no no not applicable
Kentucky no school bus drivers no primary
Louisiana no no no not applicable
Maine no learner's permit and intermediate license holders learner's permit and intermediate license holders primary
Maryland no learner's permit and intermediate license holders learner's permit and intermediate license holders secondary
Massachusetts local option school bus drivers no primary
Michigan local option no no not applicable
Minnesota no school bus drivers and learner's permit holders and provisional license holders during the first 12 months after licensing all drivers (effective 08/01/08) primary
Mississippi no no no not applicable
Missouri no no no not applicable
Montana no no no not applicable
Nebraska no learner's permit and intermediate license holders younger than 18 learner's permit and intermediate license holders younger than 18 secondary
Nevada no no no not applicable
New Hampshire no no no not applicable
New Jersey all drivers school bus drivers and learner's permit and intermediate license holders all drivers primary
New Mexico local option no no not applicable
New York all drivers no no primary
North Carolina no drivers younger than 18 and school bus drivers drivers younger than 18 and school bus drivers primary
North Dakota no no no not applicable
Ohio local option no no not applicable
Oklahoma no no no not applicable
Oregon no drivers younger than 18 who hold either a learner's permit or an intermediate license drivers younger than 18 who hold either a learner's permit or an intermediate license secondary
Pennsylvania local option no no not applicable
Rhode Island no school bus drivers and drivers younger than 18 no primary
South Carolina no no no not applicable
South Dakota no no no not applicable
Tennessee no school bus drivers and learner's permit and intermediate license holders no primary
Texas no bus drivers when a passenger 17 and younger is present; intermediate license holders for first six months bus drivers when a passenger 17 and younger is present; intermediate license holders for first six months primary
Utah all drivers no no secondary2
Vermont no no no not applicable
Virginia no drivers younger than 18 (effective 7/1/07) and school bus drivers (effective 07/01/08) drivers younger than 18 (effective 7/1/07) and school bus drivers (effective 07/01/08) secondary; primary for school bus drivers (effective 07/01/08)
Washington all drivers no all drivers (effective 07/01/08) secondary
West Virginia no drivers younger than 18 who hold either a learner's permit or an intermediate license drivers younger than 18 who hold either a learner's permit or an intermediate license secondary
Wisconsin no no no not applicable
Wyoming no no no not applicable

1An 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.

2Utah's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a hand-held cellphone or other activities not related to driving.