Cellphone laws
May 2008
A jurisdiction-wide ban on driving while talking on a hand-held cellular phone is in place in 6 states (California, Connecticut, New Jersey, New York, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cellphone unless they are also committing some other moving violation other than speeding.
Localities are allowed to ban cellphone use in 6 states (Illinois, Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania). Localities that have enacted restrictions on cellphone use include: Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead and Walton Hills, OH; and Conshohocken, Lebanon and West Conshohocken, PA.
Localities are prohibited from banning cellphone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon, and Utah).
The use of all cellular phones while driving a school bus is prohibited in 16 states and the District of Columbia.
The use of cellular phones by teens in the graduated licensing system is restricted in 17 states and the District of Columbia.
The table below shows the states that have cell phone laws and whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary. California and Utah have unusual provisions noted below.
| |
| Alabama |
no
| no
|
not applicable
|
| Alaska |
no
| no
|
not applicable
|
| Arizona |
no
| school bus drivers
|
primary
|
| Arkansas |
no
| school bus drivers
|
primary
|
| California |
yes
(effective 07/01/08)
| school and transit bus drivers and drivers younger than 18
(effective 07/01/08) |
primary1
|
| Colorado |
no
| learner's permit holders
|
secondary
|
| Connecticut |
yes
| learner's permit holders, drivers younger than 18, and school bus drivers
|
primary
|
| Delaware |
no
| school bus drivers and learner's permit and intermediate license holders
|
primary
|
| District of Columbia |
yes
| school bus drivers and learner's permit holders
|
primary
|
| Florida |
no
| no
|
not applicable
|
| Georgia |
no
| school bus drivers
|
primary
|
| Hawaii |
no
| no
|
not applicable
|
| Idaho |
no
| no
|
not applicable
|
| Illinois |
by jurisdiction
| learner's permit holders, drivers younger than 19, and school bus drivers
|
primary
|
| Indiana |
no
| no
|
not applicable
|
| Iowa |
no
| no
|
not applicable
|
| Kansas |
no
| no
|
not applicable
|
| Kentucky |
no
| school bus drivers
|
primary
|
| Louisiana |
no
| no
|
not applicable
|
| Maine |
no
| learner's permit and intermediate license holders
|
primary
|
| Maryland |
no
| learner's permit and intermediate license holders
|
secondary
|
| Massachusetts |
by jurisdiction
| school bus drivers
|
primary
|
| Michigan |
by jurisdiction
| no
|
not applicable
|
| Minnesota |
no
| school bus drivers and learner's permit holders and provisional license holders during the first 12 months after licensing
|
primary
|
| Mississippi |
no
| no
|
not applicable
|
| Missouri |
no
| no
|
not applicable
|
| Montana |
no
| no
|
not applicable
|
| Nebraska |
no
| learner's permit and intermediate license holders younger than 18 may not use a cellphone or other wireless communication device
|
secondary
|
| Nevada |
no
| no
|
not applicable
|
| New Hampshire |
no
| no
|
not applicable
|
| New Jersey |
yes; text messaging prohibited
| school bus drivers and learner's permit and intermediate license holders
|
primary
|
| New Mexico |
by jurisdiction
| no
|
not applicable
|
| New York |
yes
| no
|
primary
|
| North Carolina |
no
| drivers younger than 18 and school bus drivers
|
primary
|
| North Dakota |
no
| no
|
not applicable
|
| Ohio |
by jurisdiction
| no
|
not applicable
|
| Oklahoma |
no
| no
|
not applicable
|
| Oregon |
no
| learner's permit and intermediate license holders
|
secondary
|
| Pennsylvania |
by jurisdiction
| no
|
not applicable
|
| Rhode Island |
no
| school bus drivers and drivers younger than 18
|
primary
|
| South Carolina |
no
| no
|
not applicable
|
| South Dakota |
no
| no
|
not applicable
|
| Tennessee |
no
| school bus drivers and learner's permit and intermediate license holders
|
primary
|
| Texas |
no
| bus drivers when a passenger 17 and younger is present; intermediate license holders for first six months
|
primary
|
| Utah |
yes2
| no
|
secondary2
|
| Vermont |
no
| no
|
not applicable
|
| Virginia |
no
| drivers younger than 18 (effective 7/1/07) and school bus drivers
(effective 07/01/08) |
secondary; primary for school bus drivers
(effective 07/01/08) |
| Washington |
yes (effective 07/01/08); text messaging prohibited
| no
|
secondary
|
| West Virginia |
no
| learner's permit and intermediate license holders
|
secondary
|
| Wisconsin |
no
| no
|
not applicable
|
| Wyoming |
no
| no
|
not applicable
|
