Cell Phones and Highway Safety: 2005 State Legislative Update
Appendix A. Existing State Laws Regarding Mobile Phone Use while Driving |
|
State or Jurisdiction |
Provision |
Statute or Rule |
Penalties |
|
Arizona |
Administrative Code provision prohibits school bus drivers from using a mobile phone while operating the school bus. |
A.A.C. Title 17 Chapter 9, Art. 1 R17-9-104 |
No penalty specified. |
|
Arkansas |
Prohibits the use of a cellular telephone while operating a school bus. |
Ark. Stat. Ann. §6-19-120 (2004) |
Unclassified misdemeanor; fine of $100-$250. |
|
California |
Requires that rental cars with embedded cell phone equipment contain written instructions on the safe use of the phone while driving. |
California Vehicle Code §2890 (West 2004) |
$100 maximum for first violation; $200 maximum for second violation; $250 for third and subsequent violations committed within one year. |
|
|
Prohibits any person from driving a motor vehicle if a video monitor, or a video screen or any other similar device that displays a video signal is operating and is located forward of the driver's seat or is visible to the driver. Provides exceptions for emergency equipment. |
2003 Cal. Stats., Chap. 303 |
No penalty specified. |
|
Colorado |
Makes driving a motor vehicle by a person holding a temporary instruction permit or a minor's instruction permit while using a cellular telephone or other mobile communication device a secondary traffic offense. |
Colo. Rev. Stat. §42-4-239 (2005) |
$15 fine plus a $2.60 surcharge. |
|
Connecticut |
Prohibits the use of hand-held phones while driving. Provides exceptions for emergency situations. |
2005 Conn. Acts, P.A. 159 (Reg. Sess.) |
$100 fine unless proof that hands-free accessory purchased prior to imposition of fine. |
|
|
Prohibits the use of cell phones while operating a school bus. |
|
Not more than $100. |
|
|
Prohibits drivers with only a learner's permit from using a cell phone while driving. |
|
Not more than $100. |
|
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Prohibits drivers from engaging in activities unrelated to the operation of a motor vehicle. |
|
Not more than $100 plus fine for moving violation. |
|
Delaware |
Establishes a task force to study and make findings and recommendations regarding driver distractions, including mobile telephone use. |
2002 HCR 30 |
Not applicable. |
|
|
Prohibits school bus drivers from using a cell phone while operating a school bus. Provides exceptions for emergency situations. |
Del. Code Ann. tit.21, §4176B (2005) |
For a first offense, fines range from $50 to $100. For subsequent offenses, fines range from $100 to $200 and loss of school bus endorsement from license. |
|
|
Prohibits any minor with a level 1 learner’s permit or a driver's education learner’s permit from using a cell phone or similar device while operating a motor vehicle. Provides exceptions during emergency situations or where the permit holder has stopped the vehicle at a location off the lanes of travel. |
Del. Code. Ann. tit. 21, §2710 (2005) |
Young drivers are subject to the same penalties they would face if they were found to be a reckless or negligent driver of a motor vehicle or to have committed a serious moving traffic violation. |
|
Florida |
Requires that drivers who use a head-set with a mobile phone while driving must use a head-set that provides sound through one ear and allows surrounding sound to be heard with the other ear. |
Fla. Stat. §316.304 (2005) |
$30 for each violation; non-moving violation. |
|
|
Requires distracted driver annual accident reports. Preempts local jurisdictions from enacting restrictive ordinances. |
Fla. Stat. §316.0075 (2005) |
Not applicable. |
|
Illinois |
Single-sided headset or earpiece is permitted with a mobile phone while driving. |
2001 Ill. Laws, P.A. 92-0152. |
No penalty specified. |
|
|
School bus drivers prohibited from using a mobile phone while driving except in emergency situations. |
2002 Ill. Laws, P.A. 92-730. |
Petty offense punishable by $100 to $250 fine. |
|
Kentucky |
Prohibits local governments from restricting driver mobile telephone use. |
Ky. Rev. Stat. §65.873 (2005) |
Not applicable. |
|
Louisiana |
Prohibits local jurisdictions from regulating cell phone use while driving. |
La. Rev. Stat. Ann. §33:31 (West 2004) |
Not applicable. |
|
|
Prohibits driving a motor vehicle with a television capable of receiving any prerecorded visual presentation unless the TV is behind the driver’s seat or not visible to the driver while he or she is operating the vehicle. |
La. Rev. Stat. Ann. §32:365 (West 2004) |
No penalty specified. |
|
|
Creates a task force to study technological and non-technological driver distractions. The task force is to submit recommendations to the Legislature. |
2003 SCR 63 |
Not applicable. |
|
Maine |
Requires those under age 21 to obtain an instruction permit and complete training prior to obtaining a driver’s license. Prohibits a person with an instruction permit from using a mobile phone while driving. |
Me. Rev. Stat. Ann. tit. 29-A, §1304(I) |
No penalty specified. |
|
Maryland |
Prohibits holder of a learner's permit or provisional driver's license who is under age 18 from using a wireless communications device while operating a motor vehicle. Enforceable as a secondary offense. |
Md. Transportation Code Ann. §21-1123 (2005) |
May suspend a violator's license up to 90 days and issue a restricted license. |
|
Massachusetts |
Cellular phone use is permitted as long as it does not interfere with the driver's operation of the vehicle and the driver keeps one hand on the steering wheel at all times. |
Mass. Gen. Laws Ann. ch. 90, §13 (West 2004) |
$35 maximum fine for first violation; $35 to $75 for second violation; $75 to $150 for third and subsequent violations committed within one year. |
|
|
No person shall operate a moving school bus while using a mobile telephone. |
Mass. Gen. Laws Ann. ch. 90, §7B |
No penalty specified. |
|
Minnesota |
Prohibits drivers under age 18 who have a provisional license or instruction permit from using a cell phone while operating a motor vehicle. Provides exceptions for emergency situations. |
2005 Minn. Laws, Chap. 6 |
Ability to get full license restricted. |
|
Mississippi |
Prohibits local jurisdictions from restricting driver mobile phone use. |
2002 Miss. Laws, Chap. 491 |
Not applicable. |
|
Nevada |
Prohibits local jurisdictions from regulating driver mobile phone use. |
2003 Nev. Stats., Chap. 237 |
Not applicable. |
|
New York |
Drivers prohibited from talking on hand-held mobile telephone while operating a motor vehicle. |
N.Y. Veh. and Traffic Code §1225 (McKinney 2004) |
Not more than $100. |
|
New Jersey |
Prohibits drivers younger than age 21 who have only a learner’s permit from using a mobile phone while driving. |
N.J. Rev. Stat. §39:3-13 (2005) |
$100 fine or 90-day permit suspension. |
|
|
Prohibits the use of a cell phone while driving a school bus. |
2002 N.J. Laws, Chap.120 |
$100 to $150 fine. |
|
|
Establishes the Driver Distraction and Highway Safety Task Force to study driver distractions and make recommendations. |
2001 N.J. JR-9 |
Not applicable. |
|
|
Prohibits use of hand-held phones while driving. Enforceable as a secondary offense. |
N.J. Rev. Stat. §39:4-97.3 (2005) |
$100 to $250 fine. |
|
Oklahoma |
Prohibits local jurisdictions from restricting driver use of cell phone while operating a motor vehicle. |
2001 HB 1081 |
Not applicable. |
|
Oregon |
Prohibits local jurisdictions from restricting driver use of cell phone while operating a motor vehicle. |
2001 HB 2987 |
Not applicable. |
|
Rhode Island |
Prohibits use of cell phones by school bus drivers while driving except in the case of emergency. |
R.I. Gen. Laws §31-22-11.8 (2005) |
No penalty specified. |
|
Tennessee |
Prohibits driver use of a cell phone while operating a school bus. |
Tenn. Code Ann. §58-8-192 (2004) |
Class C misdemeanor, $50 fine. |
|
Texas |
Prohibits driver under age 18 from using a wireless communication device while operating a motor vehicle during the 6 month period following the original issuance of a Class A, B, or C license. Prohibits driver under age 17 from using a wireless communication device while operating a motorcycle during the 6 month period following the initial license issuance. |
2005 SB 1257 |
Not available |
|
|
Prohibits school bus drivers from using a cell phone while operating a school bus. |
2005 SB 1257 |
Not available |
|
Washington |
Requires state police to track information about the involvement of wireless communication devices in motor vehicle crashes in accident report forms. Requires the state police to include this information in its annual report of traffic safety statistics. |
2005 Wash. Laws, Chap. 171 |
n/a |
|
District of Columbia |
Prohibits distracted driving, which is defined as inattention resulting in unsafe operation of a vehicle caused by activities unrelated to the operation of the vehicle, including reading, writing, personal grooming, interacting with pets or unsecured cargo, using personal communications technologies or engaging in any other activity that causes distraction. |
2004 D.C. Stat., Chap. A15-0311 |
$100 |
|
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Prohibits driver use of a hand-held phone while driving. |
|
|
|
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Prohibits school bus drivers or drivers with a learner's permit from using a cell phone while driving. |
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Cell Phones and Highway Safety: 2005 Legislative Update
