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.

  Cellphone restrictions
State Hand-held ban All cellphone ban Enforcement
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

1An officer in California can stop a person, regardless of age, holding a cellphone and talking on it, but they may not use checkpoints to enforce the all cell ban for drivers younger than 18.

2Utah's law defines careless driving as committing a moving violation (other than speeding) while distracted by use of a hand-held cellphone or other activities not related to driving.

©1996-2008, Insurance Institute for Highway Safety, Highway Loss Data Institute
1005 N. Glebe Road, Suite 800, Arlington, VA 22201 USA | tel 703/247-1540 | fax 703/247-1588