Cellphone laws
August 2009
A jurisdiction-wide ban on driving while talking on a hand-held cellphone 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. Under the Utah law, no one commits an offense when speaking on a cellphone unless they are also
committing some other moving violation other than speeding.
The law in 5 states (Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania)
specifically authorizes a locality to ban cellphone use. Localities in other states may not need specific statutory authority
to ban cellphones. Localities that have enacted restrictions on cellphone use include: Chicago, IL; Brookline, MA; Detroit,
MI; Santa Fe, NM; Brooklyn, North Olmstead, and Walton Hills, OH; Conshohocken, Lebanon, and West Conshohocken, PA; Waupaca
County, WI; and Oahu, HI.
Localities are prohibited from banning cellphone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada,
Oklahoma, Oregon, and Utah).
The use of all cellphones while driving a school bus is prohibited in 17 states and the District of Columbia.
The use of all cellphones
by novice drivers is restricted in 21 states and the District of Columbia.
Text messaging is banned for all drivers in 17 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 1 state
(Texas).
The
table below shows the states that have cellphone laws, whether they specifically ban text messaging, and whether they are
enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle
before citing a driver for using a cellphone. Laws without this restriction are called primary. California and
Utah have unusual provisions noted below.