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.
| |
| 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 |