Cell Phone Laws By State: There's Work to Do

Did you know that motor vehicle crashes caused by distracted drivers kill an average of 9 people and injure over 1,153 people EVERY DAY in the U.S.?! While there have been improvements in the number of deaths year over year, the changes have been generally insignificant:

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In 2011, distraction-affected crashes resulted in 3,360 deaths
In 2012, distraction-affected crashes resulted in 3,328 deaths (-.9%)
In 2013, distraction-affected crashes resulted in 3,154 deaths (-5.2%)

Many people think that cell phone use while operating a motor vehicle is the exclusive definition of distracted driving but this is not entirely true. It is the dominant cause but there are many other types of distractions like:

Other occupants – includes conversing with or looking at passengers in the vehicle
Moving objects in the vehicle like dropped object, moving pet, insect, cargo, etc
Adjusting audio or climate controls, windows, mirrors, navigational devices, etc
General carelessness, inattention, or daydreaming while driving
Eating or drinking in the vehicle while it is in motion

So, what’s the solution? While gluing a driver’s eyes to the windshield and their hands to the steering wheel seems like a good idea (don’t ya think!), personal responsibility is important in reducing distractions while driving. When it comes to the dominant factor though, cell phone use, we do believe that states should use the full force of the law to encourage that personal responsibility thing. Unfortunately, all states are failing to do this even though most states have one ban or more on cell phone use while driving.

State Laws for Cell Phone Use While Driving

Most states implement cell phone laws to ban usage by drivers in two levels:

A “Primary” ban means that an officer can stop you simply if they see you using your cell phone or other hand-held device in a way prohibited by the laws of that state (but even primary laws don’t cut it).
A “Secondary” bans mean that an officer can only issue you a ticket for unlawful cell phone use while driving if you’ve already been stopped for another reason (in other words, an ineffective law).

States further segment the application of primary and secondary enforcement of cell phone laws by:

Age and/or experience – Many states use age as benchmark along with the type of license a minor holds to ban certain types of cell phone use (because adult’s have proven to be such effective drivers even with their faces burred in the phone).

Vehicle driven– This classification is split into school bus drivers and everyone else. “All drivers” indicates that the ban is applied to the driver of any vehicle (because school buses are the only abnormally large vehicles on the road; trucks are just fairies fluttering on the roads).

Use type – “Hands-held” refers to use of the actual phone in your hand as opposed to “Hands-free” which refers to using a blue tooth device for calls or voice-to-text. Many states ban hand-held use but none currently ban hands-free use which has been proven to be no safer than hand-held use.

STATE	LAWS	EXCLUSIONS	PENALTIES
ALABAMA	Primary ban on texting for all drivers Primary ban on any cell phone use for drivers 16 or 17 years old holding an intermediate license for less than 6 months	Hand-held and hands-free cell phone use allowed for any licensed driver 18 or older for any purpose other than texting	$25 for the first offense. $50 for the second.
ALASKA	Primary ban on texting for all drivers	Hand-held and hands-free cell phone use allowed for any licensed driver for any purpose other than texting	Misdemeanor offense if proven to be texting while driving. Fine up to $5,000 and up to one year in jail.
ARIZONA	Primary ban on any cell phone use for school bus drivers	All hand-held and hands-free cell phone use allowed for any licensed driver not operating a school bus	(when we know, you’ll know)
ARKANSAS	Primary ban on hand-held cell phone use for licensed drivers ages 18 – 20 Primary ban on any cell phone use for school bus drivers Secondary ban on any cell phone use for drivers younger than 18 Primary ban on texting for all drivers	Hands-free cell phone use allowed for licensed drivers over the age of 18 not operating a school bus and for any purpose other than textingHand-held cell phone use allowed for licensed drivers over the age of 20 not operating a school bus and for any purpose other than texting	(when we know, you’ll know)
CALIFORNIA	Primary ban on hand-held cell phone use for all drivers Primary ban on texting for all drivers Primary ban on any cell phone use for school bus drivers Secondary ban on any cell phone use for drivers younger than 18	Hands-free cell phone use allowed for licensed drivers 18 or older who are not operating a school bus	$161 for the first offense. $285 for the second.
COLORADO	Primary ban on hand-held cell phone use for licensed drivers younger than 18 years Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any licensed driver over the age of 18 and for any reason other than texting	$50 for the first offense. $100 for the second.
CONNECTICUT	Primary ban on hand-held cell phone use for all drivers Primary ban on texting for all drivers Primary ban on any cell phone use for school bus drivers Primary ban on any cell phone use for drivers younger than 18	Hands-free cell phone use allowed for licensed drivers 18 or older and not operating a school bus	$150 for the first offense. $300 for the second.
DELAWARE	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for school bus drivers Primary ban on any cell phone for drivers with a learner or intermediate license Primary ban on texting for all drivers	Hands-free cell phone use allowed for all drivers holding a full-privilege license and who are not operating a school bus and for any reason other than texting	$50 to $106 for the first offense. Up to $300 for the second.
DISTRICT OF COLUMBIA	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for school bus drivers Primary ban on any cell phone use for those holding a learners permit Primary ban on texting for all drivers	Hands-free cell phone use allowed for all drivers holding a full-privilege license and who are not operating a school bus	$100 for the first offense. $200 for the second if within 18 months of first offense.
FLORIDA	Secondary ban on texting for all drivers	All hand-held and hands-free cell phone use allowed for any licensed driver for any reason other than texting	$30 to $60 plus court fees.(penalties for secondary offense unknown)
GEORGIA	Primary ban any cell phone use for school bus drivers and drivers younger than 18 Primary ban on texting for all drivers	All hand-held and hands-free cell phone use allowed for any licensed driver over the age of 18 not operating a school bus and for any reason other than texting	$150 for the first offense.
HAWAII	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for drivers younger than 18 Primary ban on texting for all drivers	Hands-free cell phone use allowed for drivers over the age of 18 and for any reason other than texting	$250 for first offense but if in school or construction zone, $300.(penalties for secondary offense unknown)
IDAHO	Primary ban on texting for all drivers	All hand-held and hands-free cell phone use allowed for any licensed driver for any reason other than texting	$200 for first offense with the possibility of being jailed.
ILLINOIS	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for school bus drivers and any driver under 19 years of age Primary ban on texting for all drivers	Hands-free cell phone use allowed for licensed drivers 19 or older and not operating a school bus	(when we know, you’ll know)
INDIANA	Primary ban on any cell phone use for drivers younger than 21 Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any licensed driver over the age of 21 and for any reason other than texting	Up to $500 for first offense.(penalties for secondary offense unknown)
IOWA	Primary ban on any cell phone use for all novice drivers who have a restricted or intermediate license Secondary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any driver with a full-privilege license and for any purpose other than texting	$30 each offense regardless of number of times committed.
KANSAS	Primary ban on all cell phone use for any novice drivers that have a Learner or Intermediate License Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any driver with a full-privilege license and for any purpose other than texting	$60 for first offense. $120 to $240 for second offense.
KENTUCKY	Primary ban any cell phone use for all drivers under 18 Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any driver over the age of 18 not operating a school bus and for any purpose other than texting	$25 for first offense. $50 plus court fees for second offense.
LOUISIANA	Primary ban on hand-held cell phone use for drivers with a learner or intermediate license (all ages) Primary ban on any cell phone use for drivers younger than 18 years and those in their first year holding any type of license Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hand-held cell phone use allowed for any driver over the age of 18 with a full privilege license for more than a year, not operating a school bus, and for any purpose other than textingHands-free cell phone use allowed for any licensed driver over the age of 18 not operating a school bus and for any reason other than texting	$175 for first offense. $500 for second offense.
MAINE	Primary ban on any cell phone use for drivers with a learner or intermediate License Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any driver with a full-privilege license and for any purpose other than texting	$250 or more for first offense.(penalties for secondary offense unknown)
MARYLAND	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for drivers younger than 18 Primary ban on texting for all drivers	Hands-free cell phone use allowed for drivers over the age of 18 and for any reason other than texting	$75 to $175 or more for first offense.(penalties for secondary offense unknown)
MASSACHUSETTS	Primary ban on any cell phone use for all drivers under 18 Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any driver over the age of 18 not operating a school bus and for any purpose other than texting	$100 for first offense. $120 for second offense.
MICHIGAN	Primary ban on any cell phone use for all novice drivers with a level 1 or 2 License Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for drivers with a full privilege license not operating a school bus and for any purpose other than texting	$100 for first offense. $200 for second offense.
MINNESOTA	Primary ban on any cell phone use for all novice drivers that are younger than 18 and have a learner or provisional License Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for drivers 18 or older with a full privilege license not operating a school bus and for any purpose other than texting	$150 each offense regardless of number of times committed.
MISSISSIPPI	Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any licensed driver not operating a school bus and for any purpose other than texting	$25 for first offense (will change to $100 in 2016).(penalties for secondary offense unknown)
MISSOURI	Primary ban on texting for all drivers younger than 21	Cell phone use allowed for all drivers and for any reason except those 21 or younger who cannot use a cell phone while driving to text but can use it while driving for anything else	$300 for first offense(penalties for secondary offense unknown)
MONTANA	NO BANS	Use your cell phone, anytime, at any age, no matter what you drive with no legal penalty.	No fines except of course possibly injury or death to you or others if you crash
NEBRASKA	Secondary ban on any cell phone use for all drivers under 18 and who have a learner or intermediate license Secondary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for drivers 18 or older with a full privilege license and for any purpose other than texting	$200 to $500 in addition to 3 points against you Nebraska driver’s license(penalties for secondary offense unknown)
NEVADA	Primary ban on hand-held cell phone use for all drivers Primary ban on texting for all drivers	Hands-free cell phone use allowed for all licensed drivers for any purpose other than texting	$50 for first offense. $100 for second offense.
NEW HAMPSHIRE	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for drivers younger than 18 Primary ban on texting for all drivers	Hands-free cell phone use allowed for drivers over the age of 18 and for any reason other than texting	$100 for first offense. $500 for second offense.
NEW JERSEY	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for school bus drivers Primary ban on any cell phone use for all novice drivers with a permit or provisional License Primary ban on texting for all drivers	Hands-free cell phone use allowed for all drivers holding a full-privilege license and who are not operating a school bus and for any reason other than texting	$200 to $400 for first offense. $400 to $600for second offense.
NEW MEXICO	Primary ban on hand-held cell phone use for any vehicle registered in the state Primary ban on any cell phone use for all novice drivers with a learner or provisional License Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for drivers a full privilege license and who have their vehicle registered in another state for any purpose other than textingHands-free cell phone use allowed for drivers with a full privileged license with a vehicle registered in the state and for any purpose other than texting	$50 for first offense.(penalties for secondary offense unknown)
NEW YORK	Primary ban on hand-held cell phone use for all drivers Primary ban on texting for all drivers	Hands-free cell phone use allowed for all licensed drivers for any purpose other than texting	$50 to $250 for first or second offense.
NORTH CAROLINA	Primary ban on any cell phone use for all drivers under 18 Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hand-held and hands-free cell phone use allowed for any licensed driver over the age of 18, not operating a school bus, and for any purpose other than texting	(when we know, you’ll know)
NORTH DAKOTA	Primary ban on any cell phone use for drivers under the age of 18 Primary ban on texting for all drivers	Hand-held and hands-free cell phone use allowed for any licensed driver over the age of 18 for any purpose other than texting	$100 for first and possibly all consecutive offenses.
OHIO	Primary ban on any cell phone use for drivers under the age of 18 Secondary ban on texting for all drivers	Hand-held and hands-free cell phone use allowed for any licensed driver over the age of 18 for any purpose other than texting	$150 to $300 with a 60-day suspension of license for teen drivers for first offense.(penalties for secondary offense unknown)
OKLAHOMA	Primary ban on hand-held cell phone use for drivers with a learner or intermediate license Primary ban on texting for all drivers – effective Nov. 2015	Hand held and hands free cell phone use allowed for any driver with a full privilege licenseHands-free cell phone use allowed for any licensed driver including those with learners or intermediate licenses	$100 for first offense plus suspension or loss of license for teens (effective Nov. 2015)
OREGON	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for drivers under the age of 18 Primary ban on texting for all drivers	Hands-free cell phone use allowed for drivers over the age of 18 and for any reason other than texting	$250 for first offense plus additional fees ranging up to $110.(penalties for secondary offense unknown)
PENNSYLVANIA	Primary ban on texting for all drivers	Any cell phone use allowed by any licensed driver for any purpose other than texting	$50 for first offense.(penalties for secondary offense unknown)
RHODE ISLAND	Primary ban on any cell phone use for all novice drivers that are younger than 18 Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hand-held and hands-free cell phone use allowed for any licensed driver over the age of 18, not operating a school bus, and for any purpose other than texting	$100 for first offense. $150 for second offense.
SOUTH CAROLINA	Primary ban on texting for all drivers	Any cell phone use allowed by any licensed driver for any purpose other than texting	$25 for first offense.(penalties for secondary offense unknown)
SOUTH DAKOTA	Secondary ban on any cell phone use for drivers with a learner or intermediate license Secondary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any driver with a full-privilege license and for any purpose other than texting	$100 for first offense.(penalties for secondary offense unknown)
TENNESSEE	Primary ban on any cell phone use for all novice drivers that have a learner or intermediate license Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for drivers with a full privilege license not operating a school bus and for any purpose other than texting	$50 plus $10 court cost for first offense.(penalties for secondary offense unknown)
TEXAS	Primary ban on any cell phone use for all novice drivers that are younger than 18 Primary ban on any cell phone use for school bus drivers when they have passengers that are under 17 Primary ban on texting for all drivers who are under 18 Primary ban on texting for school bus drivers who have passengers that are under 17 Primary ban on hand-held cell phone use in school zones for all drivers	Hands-free and hands-held cell use allowed for drivers over the age of 18 who are not operating a school bus with passengers under the age of 17Hands-free cell phone use allowed for any driver (except school bus drivers and anyone under 18) even in school zones	$25 to $99 for first offense. $100 to $200 for second offense.
UTAH	Primary ban on any cell phone use for all drivers under 18 Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hand-held and hands-free cell phone use allowed for any licensed driver over the age of 18, not operating a school bus, and for any purpose other than texting	$100 for first offense.(penalties for secondary offense unknown)
VERMONT	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for drivers under 18 years of age Primary ban on texting for all drivers	Hands-free cell phone use allowed for drivers over the age of 18 and for any reason other than texting	$200 for first offense. $250 to $500 for second offense.
VIRGINIA	Secondary ban on any cell phone use for drivers under the age of 18 Primary ban on any cell phone use for school bus drivers Primary ban on texting for all drivers	Hand-held and hands-free cell phone use allowed for any licensed driver over the age of 18, not operating a school bus, and for any purpose other than texting	$125 to $250 for first offense.(penalties for secondary offense unknown)
WASHINGTON	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for all drivers with a learners or intermediate license Primary ban on texting for all drivers	Hands-free cell phone use allowed for any driver with a full privilege license	$124 for first offense.(penalties for secondary offense unknown)
WEST VIRGINIA	Primary ban on hand-held cell phone use for all drivers Primary ban on any cell phone use for drivers younger than 18 with a learners or intermediate license Primary ban on texting for all drivers	Hands-free cell phone use allowed for drivers over the age of 18 with a full privilege license and for any reason other than texting	$100 for first offense. $200 to $300 for second offense.
WISCONSIN	Primary ban on any cell phone use for drivers holding a learner or intermediate license Primary ban on texting for all drivers	Hands-held and hands-free cell phone use allowed for any driver with a full-privilege license and for any purpose other than texting	$20 to $40 for first offense. $50 to $100 for second offense.
WYOMING	Primary ban on texting for all drivers	Any cell phone use allowed by any licensed driver for any purpose other than texting	(when we know, you’ll know)

While we hate to be “negative-nancys” and we acknowledge that progress has been made, there is still a lot of work to do in ALL states to strengthen the bans on cell phone use. Notice how the third-column (EXCLUSIONS) is not empty for any state. That means that there are always going to be drivers who can use their cells even if its hands free. As the crashes, and unfortunately injuries and deaths, continue year after year, we will see a complete ban on any cell phone use for every driver eventually. Sooner would be better than later of course.

Distractive Driving Federal Grant Program

The U.S. Department of Transportation established the Distractive Driving Federal Grant Program in 2013 as a way to help enforce anti-distracted driving laws and anti-texting statutes. In order for a state to qualify, the state must have already established a primary law against distracted driving or a law banning texting while driving. Only 7 states received the grant because their laws met the tougher federal standards such as banning cell phone use even when the car is stopped at traffic light, for instance.

Currently, there are other federal programs in the works that will help reduce vehicle crashes caused by distracted drivers to support states in their efforts to do that. Just this year, two Congressmen reintroduced a bill to amend some of the requirements states have to meet in order to qualify for federal grants to tackle distracted driving. The Distracted Driving Prevention Act of 2015 shows promise in getting more states qualified to receive aid to fight this national epidemic.