Updated May 2013
With new technology being introduced every day, distracted driving is a major traffic safety issue. Although lawmakers at the state, federal and local level are examining a wide variety of issues related to driver focus, the most common concern is the potential distraction caused by cell phones and other technology in the car. More than 220 million people in the United States subscribe to wireless services, and it is estimated that as many as 80 percent of those subscribers use their phones while driving. Many states have passed laws related to cell phone use in the car. Eleven states — California, Connecticut, Delaware, Hawaii, Maryland, New Jersey, New York, Nevada, Oregon, Washington and West Virginia — and the District of Columbia have banned hand-held phone use by all drivers. Legislatures in other states have prohibited cell phone use by younger drivers or school bus drivers, improved data collection or limited local authority on the issue. NCSL closely monitors the latest developments in distracted driving legislation. *Many states that have passed hand-held bans and texting bans provide for various exemptions for emergencies, law enforcement personnel, emergency medical technicians, firefighters, state DOT employees, etc. For more information about exemptions please contact Anne Teigen.
*Utah considers speaking on a cell phone without a hands-free device to be an offense only if a driver also is committing some other moving violation (other than speeding).
Note: Many states that have passed hand-held phone bans and texting bans provide for various exemptions for emergencies, law enforcement, emergency medical technicians, firefighters, state DOT employees etc.
Cell Phone Use and Texting While Driving Laws
- Nearly 303 million people in the United States have cell phones. At any given moment during the daylight hours, more than 800,000 vehicles are being driven by someone using a hand-held cell phone.
- In 2010, approximately 3,092 people in this country died in crashes that involved a distracted driver, and 416,000 people were injured.
- A study by AAA revealed that electronics use is the leading source of distraction for teen drivers.
- The federal surface transportation reauthorization, known as MAP-21, contains incentive grant provisions for states if they pass distracted driving laws that meet MAP-21’s criteria.
States are eligible to apply for a Distracted Driving Grant if they have enacted and are enforcing:
- Primary law prohibiting texting while driving with a minimum fine for first violation and increased fines for subsequent offenses.
- Primary law prohibiting youth under age 18 from using cell phone while driving, with minimum fine and increased fines for subsequent violations, and requiring distracted driving issues to be included in the state driver’s license exam.
For information on eligibility for and qualifications of the grant and the one-year texting grant, see http://www.distraction.gov/download/research-pdf/DD_NOFA.pdf
Source: National Highway Traffic Safety Administration, CTIA-The Wireless Association, AAA Foundation for Traffic Safety, 2012.
NCSL Distracted Driving Resources