States and Cell Phone Driving Laws

A jurisdiction-wide ban on driving while talking on a hand-held cell phone is in place in 7 states (California, Connecticut, New Jersey, New York, Oregon, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving.

California and Utah have somewhat unusual provisions. In California, police can stop a person, regardless of age, holding a cell phone and talking or texting on it, but they may not use checkpoints to enforce the all cell ban for drivers younger than 18. Under the Utah law, no one commits an offense when speaking on a cell phone unless they are also committing some other moving violation other than speeding.

Local jurisdictions may or may not need specific state statutory authority to ban cell phones. Localities that have enacted restrictions on cell phone use include: Oahu, Hawaii; Chicago, Ill.; Brookline, Mass.; Detroit, Mich; Santa Fe, N.M.; Brooklyn, North Olmstead, and Walton Hills, Ohio; Conshohocken, Lebanon, and West Conshohocken, Pa; Waupaca County, Wis.; and Cheyenne, Wyo.

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

The use of all cell phones while driving a school bus is prohibited in 17 states and the District of Columbia.

The use of all cell phones by novice drivers is restricted in 21 states and the District of Columbia.

Text messaging is banned for all drivers in 18 states and the District of Columbia. In addition, novice drivers are banned from texting in 9 states (Delaware, Indiana, Kansas, Maine, Mississippi, Missouri, Nebraska, Texas, and West Virginia) and school bus drivers are banned from text messaging in one state, (Texas).

Source: Insurance Institute for Highway Safety (www.iihs.org) and http://www.iihs.org/laws/cellphonelaws.aspx