Hands-Free Laws

 As more bills and legislature require the use of hands-free devices while in the car, Azentek continues to be at the forefront of keeping you up to date on the latest laws.
Hands-Free Laws E-mail
States are examining the correlation between cell phone use while driving and crashes. Generally, state cell phone driving laws are based on issues specific to each state. For example, multiple states have identified an emerging highway safety trend of cell phone use by novice drivers and have thus restricted use. In some states, localities restrict cell phone use through local ordinances or policies. Other states prohibit localities from implementing such ordinances. These are known as "Preemption Laws." Highlights of current state cell phone driving laws include the following:
  • In May of 2007, Washington became the first state to ban driving while texting for all drivers. A few other states are considering similar measures.
  • Sixteen states and the District of Columbia have special cell phone driving laws for novice drivers.
  • School bus drivers in 13 states and the District of Columbia are prohibited from all cell phone use when passengers are present, except for in emergencies.
  • No state completely bans all types of cell phone use (handheld and hands-free) while driving.
  • Connecticut, New York, New Jersey and the District of Columbia have enacted jurisdiction-wide cell phone laws prohibiting driving while talking on handheld cell phones. California and Washington have passed similar laws that will go into affect in July, 2008. Many other states ban cell phone use in specific situations.
  • Some states, such as Utah and New Hampshire, treat cell phone use as a larger "distracted driving" issue.
  • Because there are few studies and little crash data available, states are beginning to take a more active role in improving data collection. DeKalb County, Georgia has begun sanctioning drivers whose "improper" usage of a mobile phone was a "contributing factor" in a collision causing death, injury or damage. The law is likely the first of its kind in Georgia and perhaps elsewhere.

Learn more about this topic by visiting the Governors Highway Safety Association's Cell Phones & Distracted Driving page.

State
Crash
Data
Collected?
Restrictions
Preemption Laws
Special Provisions
for Novice Drivers?

Alabama

 

 

 

 

Alaska

Yes

 

 

 

Arizona

 

School bus drivers may not use cell phones while operating a school bus, except for emergencies.

 

 

Arkansas

 

School bus drivers may not use cell phones while operating a school bus, except for emergencies.

 

 

California

Yes

Use of cellular phones while driving a school or transit bus is prohibited. Rental cars with cellular phone equipment must include written operating instructions concerning its safe use. Eff. 7/2008, all drivers must use hands free device, except for emergencies, and drivers of emergency response vehicles (commercial vehicle drivers exempted from requirement until 2011).

 

 

Colorado

Yes

 

 

Drivers, regardless of age, may not operate a cell phone while holding a learner permit.

Connecticut

Yes

Drivers on public and private roads must use hands free device, except for emergency situations and legitimate use by drivers of school buses (without passengers), buses, taxis and tow trucks in the performance of job duties.) Use of cellular devices while operating a school bus with passengers is prohibited.

 

Persons holding a learner permit and drivers under 18 may not use any hand-held mobile telephone (including hands-free devices) while operating a motor vehicle (emergency situations excepted.)

Delaware

Yes

Use of cellular devices while operating a school bus is prohibited, except for emergencies.

 

Persons with driving with a graduated licensing permit may not use a cell phone while driving unless pulled to the side of the road.

D.C.

Under consideration

All drivers (regardless of residency) must use hands free device, except for emergencies and on-duty emergency and police personnel. School bus drivers may not use cell phones, except for emergencies.

 

Persons holding a learner permit may not operate a motor vehicle while using a cell phone.

Florida

Yes

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. Currently conducting studies.

State law prohibits local jurisdictions from enacting restrictions on use in motor vehicles.

 

Georgia

 

School bus drivers may not use cell phones or two-way radios while loading or unloading passengers nor while the bus is in motion.

 

 

Hawaii

 

Currently conducting studies

 

 

Idaho

 

 

 

 

Illinois

Yes

Drivers younger than 18 and school bus drivers may not use cell phones while operating a school bus, except for emergencies. Jurisdictions may impose local restrictions on using cellular phones while driving.

 

Drivers in learner or intermediate licensure stage prohibited from using cellphones except for emergencies.

Indiana

Yes

 

 

 

Iowa

Yes

 

 

 

Kansas

 

 

 

 

Kentucky

 

School bus drivers are not permitted to use cell phones.

No city, county, urban-county, charter county, consolidated local government, or special district can impose a restriction on the use of a mobile telephone in a motor vehicle.

 

Louisiana

 

 

Only the state legislature can establish cell phone usage laws. The cities and parish governments are forbidden from enacting legislation.

Bill is pending in 2007 legislative session.

Maine

 

 

 

Persons with instructional permits or persons under 18 with restricted licenses may not operate a motor vehicle while using a mobile telephone.

Maryland

Yes

 

 

Drivers under 18 holding a learner or intermediate permit may not use a wireless communication device, except to contact a 911 system.

Massachusetts

Yes

School bus drivers may not use cell phones while operating a school bus, except for emergencies. 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. Local jurisdictions may impose restrictions on cell phone devices.

 

 

Michigan

Yes

Local jurisdictions may impose restrictions on cell phone devices.

 

 

Minnesota

Yes

 

 

Driver may not operate a vehicle while using a cell phone in the learner stage and in the provisional stage, which lasts for 12 mos. or until the age of 18.

Mississippi

 

 

State law prohibits local jurisdictions from enacting restrictions on use in motor vehicles.

 

Missouri

 

 

 

 

Montana

Yes

 

 

 

Nebraska

Yes

 

 

Effective Jan. 2008, teens with provisional, learner's and school permits are prohibited from talking on cell phones, sending text messages or using other interactive electronic devices while driving.

Nevada

Yes

 

State and local entities prohibited from regulating use of cellular phones, satellite phones, portable phones or any other similar electronic devices in motor vehicles.

 

New Hampshire

 

Dealt with as a distracted driving issue; state enacted a comprehensive distracted driving law.

 

 

New Jersey

Yes

School bus drivers may not use cell phones while operating a school bus, except for emergencies. Hands free cell phone devices are required while operating a vehicle (hand-held cell phones can only be used in emergencies). The law is secondary, meaning police will have to witness another violation to pull the motorist over. Talking on a hand-held cell phone alone cannot get a motorist stopped. State legislature approved cell phone and driving studies.

Localities are prohibited from enacting restrictions on using cell phones while driving.

Use is prohibited for drivers under 21 while operating a moving vehicle (except in an emergency situation) on a Graduated License permit or provisional license.

New Mexico

 

Hands-free devices must be used in state vehicles; State legislature approved cell phone and driving studies. Two localities currently prohibit use other than with hands-free device.

 

Driver education students/instructors are prohibited from using cell phones during behind-the-wheel training, except for emergencies.

New York

Yes

Hands free cell phone devices are required while operating a vehicle (hand-held cell phones can only be used in emergencies). State legislature approved cell phone and driving studies.

 

 

North Carolina

Yes

 

 

Cell phone use prohibited for drivers under 18, except 911 calls and calls to parents

North Dakota

 

 

 

 

Ohio

 

Local jurisdictions may impose restrictions on use of cell phone devices while operating a vehicle.

 

 

Oklahoma

Yes

 

State law prohibits local jurisdictions from enacting restrictions on use in motor vehicles.

 

Oregon

Yes

 

State law prohibits local jurisdictions from enacting restrictions on use in motor vehicles.

 

Pennsylvania

Yes

Local jurisdictions may impose restrictions on use of cell phones while driving.

 

 

Rhode Island

 

School bus drivers may not use cell phones while operating a school bus, except for emergencies.

 

Drivers younger than 18 may not operate a cell phone.

South Carolina

 

 

 

 

South Dakota

Yes

 

 

 

Tennessee

Yes

School bus drivers may not use cell phones while operating a school bus while transporting children, except for emergencies.

 

No driver possessing a learner permit or intermediate driver license shall operate a motor vehicle in motion on any highway while using a hand held cellular telephone, cellular car telephone, or other mobile telephone.

Texas

Yes

School bus drivers are prohibited from using cell phones when a passenger 17 and under is present.

 

Drivers under 18 may not use a wireless handheld communication device in learner or intermediate stage.

Utah

Yes

Dealt with as a distracted driving issue; state law includes “careless driving” offenses, defined as when a driver commits a traffic violation while distracted, including while holding a cell phone.

Municipalities may not establish cell phone regulations.

 

Vermont

 

 

 

 

Virginia

Yes

 

 

Eff. 7/2007, drivers holding an intermediate license may not use cell phones, including hands-free devices (except for emergencies).

Washington

Yes

Hands free cell phone devices are required while operating a vehicle (eff. 7/1/2008).

Drivers may not text message while driving (eff. 1/1/2008).

 

 

West Virginia

 

 

 

Drivers may not operate a cell phone in the learner and intermediate stages.

Wisconsin

 

 

 

 

Wyoming

 

 

 

 

Total

28 States

16 States + D.C.

9 States

16 States + D.C.

Sources: American Automobile Association (AAA), Insurance Institute for Highway Safety (IIHS), National Conference of State Legislatures (NCSL), National Transportation Safety Board (NTSB) and State Highway Safety Offices. Most recently reviewed June, 2007.

Countries with cell phone driving laws that restrict or prohibit handheld cell phones in cars:

Australia
Austria
Britain
Brazil
Chile
Denmark
Germany

Greece
Ireland
Israel
Italy
Japan
Norway
Poland

Portugal
Philippines
Romania
Singapore
Slovenia
S. Africa
Spain

Sweden
Switzerland
Taiwan
Turkey