US State and Local Cell Phone Use in Car legislation - Spring 2005

Cell phone use in cars has steadily risen in the past decade. A study by the National Highway Traffic Safety Administration shows that cell phone use while driving has increased to the rate of 8% in 2004 (up from 5% just two years earlier). This article discusses current state and local laws that affect cell phone use in cars as well as covering current legislation that is being reviewed by lawmakers across the United States.

While studies show that the more distracted a driver is, the more likely they are to be in an accident, lawmakers are loathe to put bans on the use of cell phones in cars across the board. The biggest problem with a flat out ban like this is not pressure from cell phone companies as the public would like to believe but the burden that enforcement of such a ban would place on local law. Instead, lawmakers focus on limiting the use of cell phones to hands free use while the vehicle is moving, using devices such as car-kits and headsets.

Existing Laws

The following information was found on the Governors Highway Safety Association website. There, they maintain data on current state laws affecting cell phone use in car. State legislation regarding cell phone use usually falls into the following four categories:

• Crash Data collected (i.e. was a cell phone in use when the accident occurred)
• Restrictions on cell phone use in moving vehicles
• Preemption Laws (wont allow local laws to place restrictions on cell phone use while driving)
• Special Provisions for New Drivers (usually in states where regular drivers can use cell phones, drivers with learners permits, for example, are banned from doing the same thing).

Here is what states currently have in place regarding cell phone use in car legislation. If a state isnt listed, that means that it doesnt currently have a state law in effect regarding cell phone use in moving cars:

WARNING: this information is believed to be accurate but may be out of date or have omissions. Please consult an attorny; do not rely on the information in this article

• Arizona - School bus drivers cant use cell phones while theyre driving school buses. This includes hands-free cell phone use as would be available with a car-kit or headset.
• Arkansas School bus drivers cant use cell phones while theyre driving school buses. This includes hands-free cell phone use.
• California Crash data is collected. Rental cars with cell phones have to include safe use instructions.
• Colorado Drivers under 18 cannot use a cell phone in any way while driving. This includes hands-free use cell phone use.
• Connecticut School bus drivers cant use cell phones while theyre driving school buses. This includes hands-free use cell phone use.
• Delaware Drivers with a graduated licensing permit cant use a cell phone while theyre driving. This includes hands-free cell phone use.
• District of Columbia All drivers in D.C. must use hands free cell phone devices. Voice activation for making calls and using cell phone headsets or car-kits help residents use their cell phones legally while driving. Drivers under 18 cannot use a cell phone while driving, even with a hands-free cell phone accessory like a cell phone headset.
• Florida Cell phone use is allowed as long as sound is provided in one ear and the surrounding sound can be heard through the other ear. Using a cell phone headset like a Bluetooth headset that wraps around one ear fits the legal requirements of this law. Many traditional corded headsets cover both ears, which would make them inappropriate for use in a moving vehicle in Florida. Florida also has preemption laws that prevent local jurisdictions from further restricting cell phone use in cars.
• Iowa Collects crash data on cell phone use.
• Illinois School bus drivers cant use cell phones while theyre driving school buses. This includes hands-free cell-phone use.
• Kentucky Has preemption laws that prevent local jurisdictions from restricting cell phone use in cars.
• Louisiana Has preemption laws preventing local jurisdictions from limiting cell phone use in cars.
• Massachusetts School bus drivers cant use cell phones while theyre driving school buses. This includes hands-free cell phone use. For regular vehicles, cell phone use is permitted as long as one hand remains on the steering wheel at all times. In this case, Massachusetts residents should look at cell phone accessories that let them keep one hand on the wheel and still use their cell phones as they drive. Technically, cell phones with voice activation may be all state residents, since drivers in Massachusetts can hold the cell phone with one hand while driving with their other hand on the wheel. In Brookline, a neighborhood west of Boston, hands-free cell phone devices, such as a car-kit or a headset, are required while driving. Massachusetts also collects crash data regarding cell phone use.
• Maine Drivers under 18 with a restricted license may not use a cell phone while driving. This includes hands-free cell phone use.
• Maryland - Drivers under 18 with a restricted license may not use a cell phone while driving. This includes hands-free cell phone use. Maryland also collects crash data.
• Michigan Collects crash data.
• Minnesota - Collects crash data.
• Mississippi - Has preemption laws that prevent local jurisdictions from restricting cell phone use in cars.
• Montana Collects crash data.
• Nebraska Collects crash data.
• Nevada - Collects crash data. Nevada has preemption laws that prevent local jurisdictions from restricting cell phone use in cars.
• New Hampshire State laws fall under a more comprehensive distracted driving law where drivers can be pulled over and ticketed for driving distracted which can include cell phone use. Their laws dont make a distinction between talking on a cell phone in ones hand or using a hands-free cell phone accessory such as a car-kit or a cell phone headset.
• New Jersey School bus drivers cant use cell phones while theyre driving school buses; this includes the use of hands-free cell phone accessories. For regular vehicles, cell phone use while the car is in motion is not permitted unless one is using hands-free cell phone accessories. This is, however, a secondary law (meaning that the police would have to pull you over for something else and then fine you for your cell phone violation. A motorist is not going to be pulled over just for using a cell phone without cell phone accessories like a car-kit or a cell phone headset). This means you can use a cell phone headset or car kit with voice activation for dialing and still be legal. Drivers under 21 are not allowed to use cell phones while driving, hands-free or not. Crash data is collected.
• New Mexico There are no state wide restrictions on cell phone use in cars. There are local laws restricting cell phone use in cars. Hands-free cell phone accessories must be used while driving a car within Santa Fe. Car kits and headsets for your cell phone will let city residents use their cell phones legally while driving.
• New York Crash data is collected. Hands free cell phone accessories must be used while driving. This includes mobile and factory installed car kits as well as headsets. In NY City, taxicab drivers cant use cell phones at all while on the job.
• Ohio Hands free cell phone accessories must be used while driving in Brooklyn, Ohio. Using a headset or a car-kit would keep you legal in this case. For the rest of Ohio, there are no restrictions on the use of cell phones in moving vehicles.
• Oklahoma Crash data is collected. The state has preemption laws that prevent local jurisdictions from imposing cell phone use in vehicles.
• Oregon Crash data is collected. The state has preemption laws that prevent local jurisdictions from imposing cell phone use in vehicles.
• Pennsylvania - Crash data is collected.
• Rhode Island School bus drivers cant use cell phones while theyre driving school buses, even with hands-free cell phone accessories like a Bluetooth headset..
• Tennessee School bus drivers cant use cell phones while theyre driving school buses, even with hands-free cell phone accessories. Crash data is collected. Drivers with learner permits may not use a cell phone at all while driving.
• Texas - Crash data is collected.
• Utah - Crash data is collected.
• Washington - Crash data is collected.

Proposed Laws

Although currently, we have limited laws in effect regulating cell phone use in cars, this may not be the case after this years legislatures meet. The following information was found on the National Conference of State Legislatures website. There, they maintain a state legislation database on driver focus and technology. Thirty eight states currently have bills which are actively being pushed through their legislatures. These bills include language such as:

• Drivers under a set age (usually 21, 18, 17, etc.) or with a learners permit may not use a cell phone while driving a car. This includes the use of cell phones with hands-free technology such as an installed car-kit or a wireless headset. In this case, when shopping for a car, you might still want to get a car-kit for your cell phone since the prohibition will be removed once the driver reaches a certain age or gets a regular license.
• Prohibits the use of hand-held phones while driving (mostly in motor vehicles but at least one states laws mentions motorcycles), except for the case of an emergency. In this case, you can use a cell phone with hands-free accessories such as a cell phone headset or a cell phone car-kit that keeps your hands free while driving.
• Prohibits the use of cell phones while driving, without any latitude for hands-free use with cell phone accessories such as cell phone headsets or cell phone car kits.
• Prohibits dialing a cell phone while driving. In this case, besides a hands-free accessory such as a headset or having a car-kit, youll need a cell phone that supports voice activation.
• Prohibits the use of a cell phone in a school zone.
• Prohibits the use of cell phones and headsets that cover both ears while driving or bicycling. In this case you can use a headset, but youre going to need one that doesnt cover both ears. There are a number of Bluetooth headsets which wrap over just one ear which would fit the legal requirements for this law.
• Prohibits certain types of drivers from using cell phones: school bus drivers, large truck drivers, taxi car drivers. In this case, having cell phone accessories like a car-kit or a headset in the vehicle wont let you legally make cell phone calls while the vehicle is in motion.