Distracted driving is a significant public health and safety issue, particularly as the prevalence of new communication technologies increases the potential for driving distracted. Although lawmakers at the state, federal and local levels are examining a wide variety of issues related to driver distraction, the most common concern is the potential distraction caused by cell phones and other technology in the car.
States primarily use hand-held and texting bans to combat distracted driving. Hand-held bans are laws that allow the use of mobile devices while driving only in hands-free mode—usually through voice communication or by activating with a single tap or swipe. A growing number of states also include a prohibition to access, view or read non-navigation related content. Texting bans prohibit drivers from typing or sending text messages while driving but allow talking on a hand-held mobile device.
Many of these bans provide for various exemptions, including for emergencies, law enforcement and first responders. Depending on the state, school bus drivers who violate distracted driving laws may face the loss of their school-bus certification and criminal penalties that could include jail time. Commercial drivers. Commercial drivers are subject to state and federal regulations. Under federal law, distracted driving violations are generally considered " serious violations. Some towns and cities have banned certain types of cellphone and electronic device use while driving.
These laws are typically more strict than distracted driving laws of the state. In response, some state legislatures have enacted laws that prohibit local jurisdictions from implementing cellphone ordinances. Depending on the circumstances, a distracted driving violation could additionally lead to reckless driving charges.
And if a distracted driving violation results in the death of another person, vehicular homicide charges are a possibility. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. The attorney listings on this site are paid attorney advertising.
In some states, the information on this website may be considered a lawyer referral service. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Grow Your Legal Practice. Meet the Editors. Distracted Driving Laws: Texting and Cellphones. State distracted driving laws that restrict cellphone use and texting while operating a vehicle. Cellphone and Texting Restrictions A number of states have outlawed handheld cellphone use while driving or have banned cellphone use for certain types of drivers.
Talking on a Cellphone While Driving Handheld cellphones. Texting While Driving Almost all states—including some without cellphone bans—prohibit text messaging while driving. Using GPS The laws of many states prohibit most electronic device use while driving. General Distracted Driving Laws A number of states also have catch-all distracted driving laws that apply to any activity—including cellphone and electronic device use—that could substantially interfere with the motorist's ability to drive safely.
Virgin Islands prohibit all drivers from using handheld cellphones while driving. All are primary enforcement laws — an officer may cite a driver for using a handheld cellphone without any other traffic offense taking place. All Cellphone Use: No state bans all cellphone use for all drivers, but 37 states and D. Text Messaging: Washington was the first state to pass a texting ban in Currently, 48 states, D.
Virgin Islands ban text messaging for all drivers. All but three have primary enforcement. Of the two states without an all-driver texting ban, one prohibits text messaging by novice drivers. Law Chart Preemption Laws: Some states have preemption laws that prohibit local jurisdictions from enacting their own distracted driving bans.
School Bus Drivers No. School Bus Drivers Yes. Novice Drivers 16, or 17 with Intermediate License for less than 6 months.
Novice Drivers No. Novice Drivers Yes, for instruction and intermediate permit holders under
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