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Restrictions on cell phone use while driving in the United States
U.S. laws regulating use of electronic mobile devices by motorists

Various laws in the United States regulate the use of mobile phones and other electronics by motorists. Different states take different approaches. Some laws affect only novice drivers or commercial drivers, while some laws affect all drivers. Some laws target handheld devices only, while other laws affect both handheld and handsfree devices.

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Regulatory laws

The laws regulating driving (or "distracted driving") may be subject to primary enforcement or secondary enforcement by state, county or local authorities.1 All state-level cell phone use laws in the United States are of the "primary enforcement" type — meaning an officer may cite a driver for using a hand-held cell phone without any other traffic offense having taken place — except in some cases involving newer (or "novice"), drivers.2 In the case of secondary enforcement, a police officer may only stop or cite a driver for a cell phone use violation if the driver has committed another primary violation (such as speeding or failure to stop) at the same time.

A federal transportation funding law passed in July 2012, known as the Moving Ahead for Progress in the 21st Century Act (MAP-21), provided $17.5 million in grants during fiscal year 2013 for states with primary enforcement laws against distracted driving, including laws prohibiting cell phone use while driving. States with secondary enforcement laws or no laws at all are ineligible to receive this grant funding.34

Laws by state

No state bans all cell phone use for all drivers. However, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Tennessee, Vermont, Virginia, Washington, West Virginia (plus Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands) prohibit all drivers from using hand-held cell phones while driving. Thirty-six states and Washington, D.C. ban all cell phone use by newer drivers, while 19 states and Washington, D.C., prohibit any cell phone use by school bus drivers if children are present.5 Ohio only bans hand-held use beyond its "one-swipe rule.

Cell phone restrictions while driving in the US and territories6
StateTotal handheld device ban applied to:Any cell phone use by driver prohibited if:Bus driver use restriction(s)Texting & internet accessComment
Alabama16 and under, and 17 w/ temporary license or if licensed under six months (primary violation)texting prohibited (primary)7
Alaskatotally prohibitedNo restrictions on cell phone use
ArizonaAll (primary violation)8texting prohibited9Emergency and law enforcement personnel, licensed radio operators, and operators using two-way or private land mobile radios for work-related duties are exempt from this rule. Also, using a device to report illegal activities or emergencies, or devices affixed to the vehicle for work purposes, is allowed.10
Arkansas18–20 years old (primary violation)under 18 (secondary violation)totally prohibitedtexting prohibited (primary)11Any cell phone use prohibited in school or construction zones (secondary violation).
CaliforniaAll (primary violation)12under 18 (secondary violation)totally prohibited (primary)texting prohibited13
Coloradoon learner's permit or under 18 (primary violation)14totally prohibited (primary)15
ConnecticutAll (primary violation)under 18 (primary violation)totally prohibited
DelawareAll (primary violation)on learner or intermediate license (primary violation)16totally prohibited
Florida17School zones and active construction zones(primary)Allowed only while stopped at a red light. Otherwise prohibited. (Primary)Hands free earpieces can only be used in one ear.
GeorgiaAll drivers (primary violation)under 18 (primary violation)driver totally prohibited unless used for routing communicationdriver totally prohibited, includes videodriver allowed to use hands free devices (specific ones) and voice to text with hands free devices and allowed to use permanently-mounted GPS; drivers are allowed to make emergency calls and report hazardous road conditions. Commercial vehicle drivers have limited use directly related to their work (GPS or routing communication) effective date 1 July 2018.
GuamAll (primary violation)
HawaiiAll (primary violation)18under 18 (primary violation)totally prohibitedStatewide law entered into force July 2013; all counties had existing bans on cell phone use. Drivers 18 and older may use hands-free devices.19
IdahoAll (primary violation)20
IllinoisAll (primary violation)any driver under 19 (primary violation)totally prohibitedAny cell phone use prohibited in school or construction zones or within 500 feet of an emergency scene (primary violation).21
IndianaAll (primary violation)A driver may not hold or handle their cell phone at any time while driving. Handsfree calls are permitted. Phone or other device may be used for navigation. However, handling phone to initiate call or navigation must be done before entering roadway. No touching/handling cell phone while driving/on-roadway is permitted, including while stopped at traffic signals.
Iowaon restricted or intermediate license (primary violation)totally prohibited (primary)July 1, 2017 updated the texting law to be enforced as a primary reason an officer can stop a driver. "Texting" is defined as: texting, internet browsing, playing games, and reading social media applications.2223

If proven a driver was "texting" during a traffic fatality, it is deemed a Class C felony, and the driver can be put into prison for up to 10 years.2425

Kansason learner or intermediate license (primary violation)
Kentuckyunder 18 (primary violation)totally prohibited
LouisianaProhibited in school zones26on learner or intermediate license (primary violation)2728totally prohibited29Effective since June 13, 2016.
MaineAll (primary violation)30Under age of 18 or with a learner's permit or licensed for 270 days or less 31except for GPS or navigation uses 32
MarylandAll (primary violation)33under 18 w/ restricted learner or intermediate license34
MassachusettsAll (primary violation) as of February 2020totally prohibitedUntil February 2020, handheld cell phone use was allowed as long as one hand was on the wheel at all times.35 Since February 2020, law allows one tap to activate voice communication, and use of navigational touch screens are allowed if mounted on windshield or dashboard.36
MichiganAll (primary violation) as of January 2022totally prohibited37
MinnesotaAll (primary violation) as of 08/01/2019under 18 w/ learner or provisional license (primary violation)38totally prohibited
Mississippitotally prohibited
MissouriAllEffective August 28, 2023, cell phone use while driving is prohibited to all ages.39 Starting January 1, 2025, law enforcement began issuing citations.

Penalty schedule:

  1. 1st offense - $150 fine.
  2. 2nd offense within 24 months - $250 fine.
  3. 3rd offense within 24 months - $500 fine.40
Montana
Nebraskaunder 18 w/ learner or intermediate license (secondary violation)
NevadaAll (primary violation)41
New HampshireAll (primary violation)totally prohibitedPenalty Schedule:
  1. 1st Offense - $100 Fine
  2. 2nd Offense - $250 Fine.
  3. 3rd Offense - $500 Fine, and a 2-year suspension of drivers license.
New JerseyAll (primary violation)42on permit or provisional license (primary violation).43totally prohibitedsee Kyleigh's Law
New MexicoLocal Option by Jurisdiction44on learner or provisional license (primary violation)
New YorkAll (primary violation)45
North CarolinaUnder 18 (primary violation)totally prohibitedtexting prohibited (Primary) Internet access okay
North DakotaUnder 18 (primary violation)
OhioAll use beyond "one swipe" rules (since April 4, 2023) (primary violation)46
OklahomaLearner or intermediate license holder (primary violation)totally prohibitedTexting/E-mail prohibited (primary)47See "Trooper Nicholas Dees and Trooper Keith Burch Act of 2015" (HB 1965)
OregonAll (primary violation)under 18 (primary violation)48
PennsylvaniaAll (primary violation)All (primary violation)totally prohibitedTotally prohibited (as of June 5, 2025)49
Puerto RicoAll (primary violation)Texting prohibited50
Rhode IslandAll (primary violation) 06/01/2018under 18 (primary violation)51totally prohibitedTexting prohibited52
South CarolinaTotally prohibited, but officers must ascertain that a driver is texting rather than using the phone for another purpose.53Texting prohibited54Authorities can impose fines and track "distractions" on accident reports under Contributing Factors.
South Dakotaon learner or intermediate license (secondary violation)Texting prohibited55
TennesseeAll (primary violation)on learner or intermediate license (primary violation)56totally prohibitedtexting prohibited 57
TexasDriving through school zones 58under 18 (primary violation)totally prohibitedtexting prohibited 59Texting is allowed:
  • To report a crime, fire, traffic accident, or medical emergency.
  • To Activate music, make calls, or use navigation apps via hands-free technology.
  • To interact with their devices when the vehicle is stopped60
Utahunder 18 (primary violation)Regulated under distracted driving laws.61
VermontAll (primary violation)under 18 (primary violation)62totally prohibited (primary)63GPS use of cell phone is allowed if the cell phone is securely mounted and not in the driver's hand64

First offense shall be subject to a fine of $100 - $20065

Second and subsequent offenses shall be subject to a fine of $250 - $500 if within a 2-year period66

Virgin IslandsAll (primary violation)
VirginiaAll (primary violation)67all68totally prohibitedtotally prohibitedEffective January 1, 2021, all handheld use of a phone is prohibited. Exceptions allowed for when lawfully parked or stopped, emergency vehicles, reporting an emergency, using the radio, and traffic incident management workers.69
WashingtonAll (primary violation)70on learner or intermediate license (primary violation)Texting prohibited
Washington, D.C.All (primary violation)on learner permit (primary violation)71totally prohibitedtotally prohibited
West VirginiaAll (primary violation)under 18 w/ learner or intermediate license (primary violation)
WisconsinDriving through construction zoneson learner or intermediate license (primary violation)Texting prohibited72Texting prohibited73Any activity appearing to interfere with driving prohibited74
Wyomingon learner or intermediate license (primary violation)75

Preemption laws

Often, local authorities pass their own distracted driving bans—most include the use of cell phones while driving. Several states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Pennsylvania, and Oklahoma) have prohibited localities from enacting their own laws regarding cell phone use.76

Cost of distracted driving

A 2014 report from the National Safety Council, which compiles data on injuries and fatalities from 2013 and earlier, concluded that use of mobile phones caused 26% of U.S. car accidents.77 Just 5% of mobile phone-related accidents in the U.S. involved texting:78 "The majority of the accidents involve drivers distracted while talking on handheld or hands-free cellphones."79

The U.S. Department of Transportation has established an official website to combat distracted driving, Distraction.gov.80

In 2010, the State Farm insurance company stated that mobile phone use annually resulted in: 636,000 crashes, 330,000 personal injuries, 12,000 major injuries, 2,700 deaths, and $43 billion in damages.81

In 2018, the National Highway Traffic Safety Administration released the following data - 2,841 lives lost due to distracted driving. Among those killed: 1,730 drivers, 605 passengers, 400 pedestrians and 77 bicyclists. The report clearly states, texting is the "most alarming distraction".82

See also

Further reading

References

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  3. National Highway Traffic Safety Administration (NHTSA) (August 22, 2012), U.S. Department of Transportation Announces New Federal Grant Program to Help States Fight Distracted Driving, archived from the original on March 5, 2013, retrieved August 30, 2013 https://web.archive.org/web/20130305141252/http://www.nhtsa.gov/About+NHTSA/Press+Releases/U.S.+Department+of+Transportation+Announces+New+Federal+Grant+Program+to+Help+States+Fight+Distracted+Driving ↩

  4. American Association of State Highway and Transportation Officials (AASHTO) (August 24, 2012), "States Vie for New Federal Funding to Help End Distracted Driving", AASHTO Journal, retrieved August 30, 2013 http://www.aashtojournal.org/Pages/082412distracted.aspx ↩

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