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Cell phones and driving
Laws regulating the ability of individuals to use cellular devices while driving.
State and Local Law
There has been several studies that verify that the reaction time of cell phone users are dramatically slow and sluggish increasing the risk of accidents and tying up traffic in general.There has been a jurisdiction-wide ban on driving while talking on a hand-held cell phone that has gone into place in 7 states: California, Connecticut, New Jersey, New York, Oregon, Utah, and Washington and also the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cell phone unless they are also committing some other moving violation other than speeding.
There have also been individual cities itself who have had driving while talking on a cell phone laws. Local jurisdictions may or may not need specific state legal authority to ban cell phones. Localities that have passed restrictions on cell phone use include: Oahu, HI; Twin Falls, ID; 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 Cheyenne, WY.
Although there are various states who disallow their cities from have driving while talking on a cell phone law. Localities that are prohibited from banning cell phone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon, and Utah).
There is also been laws passed for city certified workers who are prohibited in using a cell phone while driving. The use of all cell phones while driving a school bus is prohibited in 17 states and the District of Columbia.
The use of all cellphones by beginner drivers have also been restricted in 21 states and the District of Columbia.
All Drivers Cell Phone Ban
Some states restrict use of a cellphone for all drivers, no matter what their driving experience is. However, many states do have provisions that allow the use of cellphones if a hands-free device is utilized.
|California||Cal. Vehicle Code §23123||Driver cannot use cell phone unless using a hands-free device for listening and talking|
|Connecticut||Conn. Gen. Stat. §14-296aa||Driver cannot use cell phone unless using a hands-free device for listening and talking. Bus drivers are restricted from using cellphones.|
|Delaware||Del. Code §4176C||[effective Jan. 2, 2011] Driver cannot use cell phone unless using a hands-free device for listening and talking. Bus drivers are restricted from cell phone use (see Del. Code §4176B|
|Illinois||Cellphone use is restricted when driving in school zones or highway construction zones.|
|Texas||Tex. Transportation Code §545.425||Driver cannot use cell phone unless using a hands-free device for listening and talking. Cell phone use is restricted when driving in school zones.|
Novice Drivers Cell Phone Ban
Some states have restricted only a certain group of drivers from using cell phones while driving. Typically, these states are restricting cell phone useage from novice drivers, who are either under a certain age or are a new driver.
|California||Cal. Vehicle Code §23124||Drivers under the age of 18 are prohibited from using a cell phone even with a hands-free device|
|Colorado||Colo. Rev. Stat. §42-4-239||Drivers under 18 are prohibited from using a wireless phone while driving.|
|Connecticut||Conn. Gen. Stat. §14-296aa||Drivers under the age of 18 are prohibited from using a cell phone even with a hands-free device|
|Maine||Maine Rev. Stat. §2116||A driver under the age of 18 years old cannot use a cellphone while driving. A fine for the first offense is at least $50 and not less than $250 for a second and subsequent offenses.|
|Texas||Texas Transportation Code §545.424||Drivers under the age of 18 cannot use a wireless communications device while driving.|
Laws Regulating Texting While Driving
Other than the law that prohibits talking on a cell phone while driving, many states have prohibited texting while driving as well.
- ↑ http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html
- ↑ http://handsfreeinfo.com/idaho-cell-phone-laws-legislation
- Cell Phone Use and Texting While Driving Laws
- Cell Phone & Texting Laws
- Cellphones & Driving
- Countries that Ban Cellphones While Driving
- Cellphone Laws
- Statistics & Facts About Distracted Driving
- An Investigation of the Safety Implications of Wireless Communications in Vehicles
- New Cell Phone & Texting Laws
Related Resources on FindLaw
- Distracted Driving
- Ban Cell Phones While Driving?
- Cellphone Related Accidents
- 9 out of 10 Drivers Distracted Behind the Wheel (FindLaw survey)
- Texting While Driving
- Distracted Driving
- Traffic Ticket Center
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