Environment, Energy and Transportation Program
Cell Phones and Highway Safety: 2000 State Legislative Update
PDF version
Updated May 2001
by Matt Sundeen, Senior Policy Specialist
Contents
State Action
Federal Action
Local Action
International Action
Conclusion
References
Internet Links
Contacts for More Information
Table 1. State Restrictions on the
Use of Cellular Telephones
Table
2. 2000 Legislation
Wireless telecommunication technologies are rapidly becoming a significant
concern in regard to highway safety. Almost 90 million people subscribe to
wireless telephone services, and 85 percent of those subscribers use their
phones while driving to conduct business, report emergencies, stay in touch with
loved ones, call for assistance, and report aggressive or drunk drivers.
It's not just phones on the road anymore. In 1999, two major auto
manufacturers -General Motors and Ford- formed agreements with
telecommunications companies that will enhance wireless features in even more
vehicles. Future cars will provide drivers with concierge services, web-based
information, online e-mail capabilities, CD-ROM access, on-screen and audio
navigation technology, and a variety of other information and entertainment
services.
Telecommunications companies say that new technology in cars not only will
improve commerce but highway safety as well. Already, an estimated 98,000
emergency calls are placed by cell phone users each day, and billions of dollars
of business may be transacted by drivers each year. Studies published in the
New England Journal of Medicine and by the National Highway Traffic
Safety Administration (NHTSA) have concluded that cellular phones often reduce
emergency response times and actually save lives. New technology also may make
it easier for people to drive more safely on the road.
State policymakers, however, must weigh the promises of wireless technology
in cars against the growing evidence of the potential dangers. The 1997 study
published in the New England Journal of Medicine concluded that the
distraction caused by phone use in motor vehicles quadrupled the risk of a
collision during the brief period of a call, a rate equivalent to the impairment
caused by legal intoxication. Other studies - conducted in the United States as
well as in Great Britain and Japan - have similarly concluded that speaking on
mobile phones, even if they are hands-free, can make drivers a risk on the road.
The basic conclusion of these studies is that the distraction of the call, not
the actual act of dialing, impairs a driver's ability to safely operate the
vehicle.
Cell phones have been suspect in numerous motor vehicle crashes across the
country. In 1999, a driver who was also using a cell phone killed a 2-year-old
girl in Pennsylvania. Another driver, distracted by a cell phone, hit and killed
a state corrections officer in North Carolina. This year, a 5-year-old
Pennsylvania girl suffered severe head injuries in a crash caused by a driver
who was distracted by a mobile phone.
Wireless technology proponents argue that phones are no more distracting than
a radio, food or the vanity mirror. They say that the same reckless driving laws
that apply to other drivers should cover people who drive carelessly while using
a car phone. As the number of traffic incidents involving cell phones and other
technologies continues to rise, however, legislators may feel growing pressure
to specifically restrict these technologies in cars.
All states make reckless or careless driving illegal. Few states,
however, specifically regulate cellular phone use in automobiles. California,
Florida and Massachusetts impose minor restrictions on cellular telephones in
automobiles. In California, rental cars with cellular telephone equipment must
include written operating instructions for safe use. In Florida, cellular phone
use is permitted in an automobile as long as it provides sound through one ear
and allows surrounding sound to be heard with the other ear. In Massachusetts,
car phones are permitted as long as they do not interfere with vehicle
operation, and drivers keep one hand on the steering wheel at all times (see
table 1).
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California |
Veh. Code 28090 |
Rental cars with cellular telephone equipment must include written
operating instructions concerning its safe use. |
$100 maximum for first violation, $200 maximum for second; $250 for
third and subsequent violations committed within one year. |
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Florida |
FLS 316.304 |
Cellular phone use is permitted as long as it provides sound through
one ear and allows surrounding sound to be heard with the other ear.
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$30 for each violation; non-moving violation. |
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Massachusetts |
GLA 90-13 |
Cellular phone use is permitted as long as it does not interfere with
the operation of the vehicle and one hand remains on the steering wheel at
all times. |
$35 maximum for first violation; $35 to $75 for second violation; $75
to $150 for third and subsequent violations commited within one year.
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Note: All other states place no restrictions on cellular phone use
in vehicles.
Source: NCSL, July 2000 |
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California, Florida, Iowa, Maryland, Minnesota, Montana, Oklahoma,
Pennsylvania and Texas require police to include information about cellular
telephones in accident reports. Tennessee requires some law enforcement agencies
to collect data about cell phone involvement in crashes. Michigan state police
began collecting data in 2001. No state bans wireless phones in automobiles.
At least 45 states since 1995 have proposed bills concerning cellular
telephones in automobiles. In 2000, at least 27 states considered measures that
targeted cellular telephones and other technology in motor vehicles (see table
2). Legislation varied in severity from proposals that would ban all use in
vehicles, to requirements for hands-free devices, improved data collection, and
bills that would make drivers more liable if they are involved in a crash while
using a cell phone. Although no legislation passed, bills are still pending in
several states. Only 15 states proposed legislation in 1999.
|
State |
Bill Description |
Bill Status |
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Arizona |
SB 1017 - Prohibits the use of cell phones and other electronic devices
while driving. |
Session adjourned. No action on bill after January. |
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Colorado |
HB 1156 - Prohibits the use of hand-held cell phones while driving.
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Died in committee. |
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Connecticut |
HB 5843 -Prohibits the use of cell phones while operating a motor
vehicle in the left lane of a limited access highway.
HB 5899 - Prohibits the operation of a motor vehicle while using a
hand-held cell phone or engaging in other inattentive behavior. |
Session adjourned. No action on bill after March.
Failed joint favorable deadline.
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Delaware |
SB 319 - Requires the Department of Public Safety to collect and
publish data related to the use of cellular, mobile and other portable
phones and devices by the operators of motor vehicles at the time an
accident occurs. |
Defeated in Senate. |
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Georgia |
SR 611 - A resolution to encourage drivers in Georgia to observe good
judgement when using cell phones while driving.
SB 395 - Concerns both habitually negligent drivers and the use of
mobile phones while driving.
SR 650 - Asks wireless phone companies to educate customers about the
safe way to use cell phones while driving.
HB 310 - Makes changes to certain provisions regarding driver use of
radios and mobile telephones.
SB 353 - Establishes proper use of radio and mobile telephones while
driving. Use of mobile phone constitutes reckless driving.
SB 298 - Concerning provisions relating to the use of mobile phones or
radios while driving.
SB 323 - Concerning proper use of mobile phones and radios while
driving. Using more than one hand for cell phone call improper. |
Session adjourned. No action on bill after February.
Session adjourned. No action on bill after February.
Session adjourned. Bill failed.
Session adjourned. No action on bill after June.
Session adjourned. No action on bill after January.
Session adjourned. No action on bill after January.
Session adjourned. No action on bill after January. |
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Hawaii |
HB 2079 - Prohibits the use of a cellular phone while driving unless
the driver has both hands on the wheel.
SCR 44 - Requires the Dept. of Transportation to conduct a study on
traffic accidents involving the use of cell phones. |
Died in House.
Died in Senate.
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Iowa |
HB 2051 - Prohibits the use of cell phones while driving. Prohibits all
call longer than one minute. Emergency exemption.
HB 2103 - Limits the use of cell phones while driving in congested
parking lots unless the call is for an emergency. |
Session adjourned. No action on bill after January.
Session adjourned. No action on bill after February.
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Illinois |
HB 4479 - Provides that a driver may use a cell phone only with a
hands-free apparatus.
HB 1363 - Amends the Vehicle Code by prohibiting drivers from using
cell phones unless the driver uses a hands-free device. |
Referred to House Committee on Rules.
Referred to House Committee on Rules.
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Indiana |
SB 386 - Prohibits the use of mobile telephones while driving.
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Adjourned. No action on bill since January. |
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Kansas |
HB 2705 - Prohibits the use of hand-held cell phones while driving.
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Died in Committee. |
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Kentucky |
HB 172 - Prohibits the use of cell phones by non-emergency personnel
while driving.
HB 173 - Prohibits the use of cell phones by motor vehicle drivers.
|
Session adjourned. No action on bill after January.
Session adjourned. No action on bill after January. |
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Massachusetts |
HB 4810 - Prohibits the use of mobile telephones while driving a school
bus, except in an emergency. |
From Joint Committee on Public Safety, ought to pass. |
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Maryland |
HB 43 - Prohibits the use of hand-held mobile telephones by the driver
of a motor vehicle. |
Died in committee. |
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Michigan |
SB 1015 - Includes in the definition of careless or negligent driving
the use of cell phone while driving that prevents the driver from putting
both hands on the wheel.
HB 5567 - Allows points to be added to a driver license record when it
is determined that the use of cellular telephone contributed to the cause
of the accident or violation. |
Referred to Senate Committee on Transportation and Tourism.
To House Health Committee.
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Minnesota |
HB 745 - Clarifies where televisions may be placed in motor vehicles.
SB 696 - Relates to the placement of televisions in motor vehicles.
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Bill carried over to 2000 session.
Bill carried over to 2000 session.
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Missouri |
HB 1184 - Prohibits the use of cell phones while driving. |
Died in committee. |
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Nebraska |
LB 993 - Creates a presumption of contributory negligence for drivers
who use a cell phone and are involved in a crash.
|
Died in committee. |
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New Hampshire |
HB 1273 - Prohibits the use of cellular telephones while driving.
LSR 2031 - Restricts the use of cellular telephones while driving.
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Referred to House Committee on Transportation
Filed request. |
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New Jersey |
AB 1929 - Prohibits the use of cell phones while driving. Requires that
police reports track whether cell phones were in use before accidents.
SB 849 - Sets penalties for using a cell phone while driving.
AB 2051 - Prohibits the tracking of speed monitoring of cars via cell
phone signals.
AB 2487 - Requires cell phone use to be tracked in connection with
motor vehicle crashes.
AB 408 - Prohibits the use of cell phones while driving.
SB 480 - Prohibits the use of cell phones while driving. |
Referred to Assembly Committee on Transportation.
Referred to Senate Committee on Law and Public Safety.
Referred to Assembly Committee on Law and Public Safety.
Referred to Assembly Committee on Transportation.
Introduced and referred to Assembly Committee on Transportation.
Introduced and referred to Senate Committee on Law and Public
Safety. |
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New York |
SB 6339 - Prohibits the use of hand-held cellular phones while driving.
SB 6424 - Requires police to indicate whether cell phones were in use
prior to a motor vehicle crash.
AB 11024 - Requires police to record information relating to the use of
cell phones in motor vehicle crash reports.
SB 7840 - Requires the Dept. of Motor Vehicles to include information
on the use of cell phones in motor vehicle crashes in its annual summary
of motor vehicle crashes.
SB 6900 - Requires the Governor's Traffic Safety Committee to study the
effects of cell phones and other driver distractions on highway and
traffic safety.
SB 7460 - Prohibits the use of hand-held cell phones while driving.
AB 1435 - The Governor's Traffic Safety Committee is required to study
the effects of cell phone use and other distractions on highway and
traffic safety and reducing motor vehicle crashes related to cell phone
use.
AB 2302 - Prohibits the use of cell phones while driving on a public
highway; allows for hands-free device in certain circumstances.
AB 3016 - Requires police officers to indicate on motor vehicle
accident reports whether cell phone use played a part in the accident.
AB 3684 - Prohibits the use of cell phones while driving unless the
driver is in fear of his or her life or fears that a criminal act may be
perpetrated against them.
AB 4361 - States that it is against the law to drive while using a
hand-held cell phone. Sets out penalties and fines. Hands-free devices are
exempt.
AB 4947 - Requires that cell phone manufacturers place warning labels
on cell phones explaining the dangers of driving while using a cell phone.
AB 5838 - Requires DMV to include information on cell phone use
relating to motor vehicle crashes in its annual summary of motor vehicle
crashes.
AB 6120 - Prohibits the use of cell phones while driving unless the
driver is calling 911 or is in fear of his or her life.
SB 1435 - Prohibits the use of cell phones while driving on a public
highway. Allows the use of hands-free devices.
SB 1767 - Requires police to indicate whether cell phones were in use
during motor vehicle crashes.
SB 2134 - Prohibits the use of cell phones while driving except when
the driver is alone or in fear of his or her life. |
Referred to Senate Committee on Transportation.
Referred to Senate Committee on Transportation.
Referred to Assembly Committee on Transportation.
Referred to Senate Committee on Transportation.
Amended in Senate Committee on Transportation.
Referred to Senate Committee on Transportation.
Passed Assembly and sent to Senate.
Referred to Assembly Committee on Transportation.
Referred to Assembly Committee on Transportation.
Referred to Assembly Committee on Transportation.
Amended in Assembly Committee on Transportation.
Referred to Assembly Committee on Consumer Affairs.
Referred to Senate Committee on Transportation
Referred to Assembly Committee on Rules.
Referred to Senate Committee on Transportation.
Referred to Senate Committee on Transportation.
Referred to Senate Committee on Transportation.
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Ohio |
HB 251 - Prohibits the use of cell phones while driving unless the
driver is reporting an emergency. Requires the state highway patrol to
collect data regarding cell phone use. |
In House Committee on Transportation and Public Safety. |
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Pennsylvania |
SR 127 - Directs the Joint State Government Commission to study issue
of distracted drivers, including cell phone use.
HB 2196 - Prohibits school bus drivers from using cell phones while
operating the bus.
HB 2301 - Prohibits the use of hand-held cell phones while driving.
SB 1279 - Prohibits the use of cell phones while driving.
HB 395 - Prohibits the use of cell phones while driving.
HB 2112 - Prohibits the use of cell phones while operating a moving
vehicle.
SB 1085 - Prohibits the use of cell phones while driving.
HB 2184 - Limits the use of mobile phones while driving. |
Died in Senate.
Died in committee.
Died in committee.
Died in committee.
Died in committee.
Died in committee.
Died in committee.
Died in committee. |
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Rhode Island |
HB 6907 - Prohibits the use of earphones, headsets and mobile phones
while driving.
HB 7255 - Requires police officers to report the use of cell phones in
motor vehicle crashes.
HB 7145 - Limits televisions in driver compartment of motor vehicles.
SB 2653 - Prohibits the use of hand-held cell phones while operating a
bicycle or motor vehicle.
HB 5573 - Prohibits the use of cell phones while driving.
SB 741 - Allows televisions to be installed in motor vehicles if they
are outside the field of vision of the operator. |
Referred to Joint Committee on Highway Safety.
Referred to Joint Committee on Highway Safety.
Referred to Joint Committee on Highway Safety.
Transferred to Joint Committee on Highway Safety.
Referred to Joint Committee on Highway Safety.
Referred to Senate Committee on Corporations. |
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South Carolina |
HB 4956 - Prohibits the use of a cell phone while driving a motor
vehicle unless the phone is hands-free. |
Referred to Committee on Transportation.
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Washington |
HB 2876 - Establishes penalties for car phone use that causes personal
injury.
SB 6265 - Concerning tracking cell phone usage in accident reports.
|
Referred to House Committee on Criminal Justice and Corrections. No
action on bill after January.
Died in committee. |
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West Virginia |
SB 405 - Establishes penalties for causing injury while driving and
using a cell phone. |
Session adjourned. Bill died. |
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Wyoming |
HB 176 - Prohibits the use of cell phones while driving. |
Failed introduction. |
Source: National Conference of State Legislatures, July 2000
To date, the federal government has not acted to limit cellular telephone
use in automobiles. However, in 2000 NHTSA held several public events that focus
on the potential safety implications associated with driver distraction while
using advanced in-vehicle technologies that receive, transmit or display various
types of information, including those that allow drivers to phone, fax, obtain
route guidance, view infrared images on a head-up display, and use the Internet
and other such devices.
The first event, an international Internet forum in July and August, provided
an opportunity for technical experts and the general public to download
technical papers, ask questions, and relate their experiences regarding the use
of in-vehicle devices and their effect on safety and driving performance. A
second event allowed representatives of the public, industry, government and
safety groups to share viewpoints, information and recommendations regarding
strategies to minimize potential adverse effects of driver distraction on safety
when using such telematic devices. As a result of these meetings, NHTSA's Deputy
Administrator Rosalyn Millman indicated that "NHTSA's consumer information will
now include advise that growing evidence suggests using a wireless phone or
other electronic device while driving can be distracting and drivers should not
talk on the phone or use other devices while their vehicles are in motion."
Although no state has restricted cell phones in cars, local jurisdictions
are moving quickly to address the issue. Ten local jurisdictions now require
drivers to use hands-free cell phone devices while operating a motor vehicle.
These include:
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Suffolk County, New York; |
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Conshohocken, Pennsylvania; |
Carteret, New Jersey; and |
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Lebanon, Pennsylvania; |
Brookline, Massachusetts. |
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Marlboro, New Jersey. |
Westchester County, New York. |
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West Conshohocken, Pennsylvania; |
Nassau County, New York
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An estimated 300 additional local jurisdictions including Aspen, Colorado;
Boca Raton, Florida; Santa Monica, California; Philadelphia; Cleveland and
Chicago may be considering or already have considered similar ordinances. New
York City prohibits taxicab drivers from using cell phones while driving. An
ordinance in Hilltown Township, Pennsylvania was struck down by an appellate
court.
Twenty countries now restrict or prohibit cell phones and other wireless
technology in motor vehicles. These include Australia, Brazil, Chile, Denmark,
England, Germany, Greece, Israel, Italy, Japan, Poland, Portugal, the
Philippines, Romania, Singapore, Slovenia, South Africa, Spain, Switzerland and
Turkey. Delhi, India, and Hong Kong also impose restrictions on car phones.
Wireless telephones and other telecommunications technologies will continue
to proliferate in motor vehicles. As use increases, state legislatures will be
increasingly challenged to balance safety concerns against the obvious benefits.
Already, state legislatures are considering measures to improve data collection,
make drivers liable for crashes caused by mobile phones and other distractions,
and restrict use of mobile telephones in motor vehicles.
Hahn, Robert W., and Paul C. Tetlock. The Economics of Regulating Cellular
Phones in Vehicles. Washington, D.C.: AEI-Brookings Joint Center for
Regulatory Studies, October 1999.
National Highway Traffic Safety Administration. An Investigation of the
Safety Implications of Wireless Communications in Vehicles. Washington,
D.C.: November 1997.
Redelmeier, Donald A., and Robert J. Tibshirani. "Association Between
Cellular-Telephone Calls and Motor Vehicle Collisions." The New England
Journal of Medicine 336, no. 7 ( Feb.13, 1997):453-458.
NCSL Legislative Tracking
Service
The "Car Talk Guys"
Patricia Pena's Web
Site
Cellular Telecommunications Industry
Association
Matt Sundeen
(303) 364-7700
ext.269
Jim Reed
(303) 364-7700
ext.197
|
As part of a cooperative agreement with the National Highway Traffic
Safety Administration (NHTSA), the National Conference of State
Legislatures (NCSL) tracks state legislation related to highway safety.
This report summarizes legislation in 2000 concerning cell phones and
driving, as well as federal, local and international activities. This
report updates a similar 1999 publication. |
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