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Cell Phone and Texting Laws

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State Laws

Updated March 2010:

State cell phone and texting while driving law highlights include:

  • Handheld Cell Phones: 6 states (Calif., Conn., N.J., N.Y., Ore. and Wash.), D.C. and the Virgin Islands prohibit all drivers from using handheld cell phones while driving.
    • Except for Washington, these laws are primary enforcement—an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place.
  • All Cell Phone Use: No state completely bans all types of cell phone use (handheld and hands-free) for all drivers, but many prohibit cell phone use by some drivers:
    • Novice Drivers: 21 states and the District of Columbia ban all cell use by novice drivers.
    • School Bus Drivers: In 17 states and the District of Columbia, school bus drivers are prohibited from all cell phone use when passengers are present.
  • Text Messaging: 20 states, the District of Columbia and Guam now ban text messaging for all drivers. 15 states, D.C., and Guam have primary enforcement. In the other four, texting bans for all drivers are secondarily enforced. Some states limit texting by specific drivers:
    • Novice Drivers: 9 states prohibit text messaging by novice drivers.
    • School Bus Drivers: 1 state restricts school bus drivers from texting while driving.
  • Some states, such as Maine, New Hampshire and Utah treat cell phone use and texting as part of a larger distracted driving issue. Utah considers cellphone use to be an offense only if a driver is also committing some other moving violation (other than speeding).

Crash Data Collection: Many states include a category for cell phone/electronic equipment distraction on police accident report forms. Recently proposed federal legislation would require states to collect this data in order to qualify for certain federal funding.

Preemption Laws: In states without comprehensive cell phone or texting bans, many localities have enacted their own distracted driving laws. However, some states (for example, Fla., Ky., La., Miss., Nev., and Okla.) have preemption laws that prohibit localities from enacting such bans.

The following chart outlines the various state-level cell phone and text messaging bans. Enforcement type (primary vs. secondary) is shown in parenthesis.

State Handheld Ban All Cell Phone Ban Text Messaging Ban Crash
Data
School Bus Drivers Novice Drivers All
Drivers
School Bus Drivers Novice Drivers
Alabama
Alaska Yes
(Primary)
Covered under all driver ban Yes
Arizona Yes
(Primary)
Arkansas 18 – 20 years old (Primary) Yes
(Primary)
<18
(Secondary)
Yes
(Primary)
Covered under all driver ban Yes
California Yes
(Primary)
Yes
(Primary)
<18
(Secondary)
Yes
(Primary)
Covered under all driver ban Yes
Colorado <18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Connecticut Yes
(Primary)
Yes
(Primary)
Learners Permit and <18
(Primary)
Yes
(Primary)
Covered under all driver ban
Delaware Yes
(Primary)
Learner’s permit and intermediate license holders
(Primary)
Learner’s permit and intermediate license holders
(Primary)
Yes
D.C. Yes
(Primary)
Yes
(Primary)
Learners Permit
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Florida
Georgia Yes
(Primary)
Yes
Guam Yes
(Primary)
Covered under all driver ban
Hawaii
Idaho See footnote
Illinois See footnote Yes
(Primary)
<19
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Indiana <18
(Primary)
<18
(Primary)
Yes
Iowa Yes
Kansas Learner or Intermediate License
(Primary)
Learner or Intermediate License
(Primary)
Yes
Kentucky Yes
(Primary)
Louisiana Yes
(Primary)
Yes
(Secondary)
(eff. 4/10)
Yes
(Secondary)
Covered under all driver ban Yes
Maine <18
(Primary)
<18
(Primary)
Yes
Maryland <18 w/ Learner or Provisional License
(Secondary)
Yes
(Primary)
Covered under all driver ban Yes
Massachusetts Yes
(Primary)
Yes
Michigan See footnote Yes
Minnesota Yes
(Primary)
<18 w/ Learner or Provisional License
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Mississippi Learner or Provisional License
(Primary)
Missouri <21
(Primary)
Montana Yes
Nebraska <18 w/ Learners or Provisional License
(Secondary)
<18 w/ Learners or Provisional License
(Secondary)
Yes
Nevada Yes
New Hampshire Yes
(Primary)
Covered under all driver ban
New Jersey Yes
(Primary)
Yes
(Primary)
<21 w/ GDL or Provisional License
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
New Mexico In State vehicles Yes
New York Yes
(Primary)
Yes
(Secondary)
Covered under all driver ban Yes
North Carolina Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban
North Dakota Yes
Ohio
Oklahoma Yes
Oregon Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Pennsylvania Yes
Rhode Island Yes
(Primary)
<18
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
South Carolina See footnote
South Dakota Yes
Tennessee Yes
(Primary)
Learners Permit or Intermediate License
(Primary)
Yes
(Primary)
Covered under all driver ban Yes
Texas Yes, w/ passenger <17
(Primary)
Intermediate Stage, 1st 12 mos.
(Primary)
Yes, w/ passenger <17
(Primary)
Intermediate Stage, 1st 12 mos.
(Primary)
Yes
Utah See footnote Yes
(Primary)
Covered under all driver ban Yes
Vermont
Virgin Islands Yes Yes
Virginia Yes
(Primary)
<18
(Secondary)
Yes
(Secondary)
Covered under all driver ban
(Primary)
Covered under all driver ban Yes
Washington Yes
(Secondary)
Yes
(Secondary)
Covered under all driver ban Yes
West Virginia Learner or Intermediate Stage
(Primary)
Learner or Intermediate Stage
(Primary)
Wisconsin
Wyoming Yes
(Primary)
(eff. 7/10)
Covered under all driver ban Yes
Total 6 + D.C., Virgin IslandsPrimary (5)
Secondary (1)
17 + D.C.
All Primary
21 + D.C.
Primary (15 + D.C.)
Secondary (6)
20 + D.C., Guam
Primary (16 + D.C., Guam)
Secondary (4)
1
Primary
9
Primary (8)
Secondary (1)
34 + D.C., Virgin Islands
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