This article needs to be updated.(September 2022) |
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.
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. [3] [4]
No state bans all cell phone use for all drivers. However, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Tennessee, Vermont, Virginia, [5] 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. [2] Ohio only bans hand-held use beyond its "one-swipe rule.[ citation needed ]
State | Total handheld device ban applied to: | Any cell phone use by driver prohibited if: | Bus driver use restriction(s) | Texting & internet access | Comment |
---|---|---|---|---|---|
Alabama | 16 and under, and 17 w/ temporary license or if licensed under six months (primary violation) | texting prohibited (primary) [7] | |||
Alaska | totally prohibited | No restrictions on cell phone use | |||
Arizona | All (primary violation) [8] | texting prohibited [7] | Arizona teen drivers who hold a Class G license are prohibited from using wireless communication devices, including mobile phones, while operating a vehicle during the permit and first six months of Class G phases. During an emergency in which stopping the vehicle is impossible or will create an additional emergency or safety hazard, use of a wireless communication device may be acceptable for a teen driver. [9] | ||
Arkansas | 18–20 years old (primary violation) | under 18 (secondary violation) | totally prohibited | texting prohibited (primary) [7] | Any cell phone use prohibited in school or construction zones (secondary violation). |
California | All (primary violation) [10] | under 18 (secondary violation) | totally prohibited (primary) | texting prohibited [7] | |
Colorado | on learner's permit or under 18 (primary violation) [10] | totally prohibited (primary) [7] | |||
Connecticut | All (primary violation) | under 18 (primary violation) | totally prohibited | ||
Delaware | All (primary violation) | on learner or intermediate license (primary violation) [10] | totally prohibited | ||
Florida [11] | School 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. | ||
Georgia | all drivers (primary violation) | under 18 (primary violation) | driver totally prohibited unless used for routing communication | driver totally prohibited, includes video | driver 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. |
Guam | All (primary violation) | ||||
Hawaii | All (primary violation) [12] | under 18 (primary violation) | totally prohibited | Statewide law entered into force July 2013; all counties had existing bans on cell phone use. Drivers 18 and older may use hands-free devices. [12] | |
Idaho | All (primary violation) [13] | ||||
Illinois | All (primary violation) | any driver under 19 (primary violation) | totally prohibited | Any cell phone use prohibited in school or construction zones or within 500 feet of an emergency scene (primary violation). [14] | |
Indiana | All (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. | |||
Iowa | on 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. [15] [16] 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. [17] [16] | ||
Kansas | on learner or intermediate license (primary violation) | ||||
Kentucky | under 18 (primary violation) | totally prohibited | |||
Louisiana | prohibited in school zones [18] | on learner or intermediate license (primary violation) [19] [20] | totally prohibited [21] | Effective since June 13, 2016. | |
Maine | all (primary violation) [10] | Under age of 18 or with a learner's permit or licensed for 270 days or less [22] | except for GPS or navigation uses [23] | ||
Maryland | all (primary violation) [24] | under 18 w/ restricted learner or intermediate license [10] | |||
Massachusetts | all (primary violation) as of February 2020 | totally prohibited | Until February 2020, handheld cell phone use was allowed as long as one hand was on the wheel at all times. [10] 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. [25] | ||
Michigan | all (primary violation) as of January 2022 | totally prohibited [26] | |||
Minnesota | all (primary violation) as of 08/01/2019 | under 18 w/ learner or provisional license (primary violation) [10] | totally prohibited | ||
Mississippi | totally prohibited | ||||
Missouri | all | Effective August 28, 2023, cell phone use while driving is prohibited to all ages. Beginning January 1, 2025, drivers can be issued a citation, $100 fine for first offense. [27] | |||
Montana | |||||
Nebraska | under 18 w/ learner or intermediate license (secondary violation) | ||||
Nevada | all (primary violation) [28] | ||||
New Hampshire | all (primary violation) | totally prohibited | Penalty Schedule:
| ||
New Jersey | all (primary violation) [29] | on permit or provisional license (primary violation). [10] | totally prohibited | see Kyleigh's Law | |
New Mexico | Local Option by Jurisdiction [10] | on learner or provisional license (primary violation) | |||
New York | all (primary violation) [30] | ||||
North Carolina | under 18 (primary violation) | totally prohibited | texting prohibited (Primary) Internet access okay | ||
North Dakota | under 18 (primary violation) | ||||
Ohio | all use beyond "one swipe" rules (since April 4, 2023) (primary violation) [31] | ||||
Oklahoma | learner or intermediate license holder (primary violation) | totally prohibited | Texting/E-mail prohibited (primary) [32] | See "Trooper Nicholas Dees and Trooper Keith Burch Act of 2015" (HB 1965) | |
Oregon | all (primary violation) | under 18 (primary violation) [10] | |||
Pennsylvania | $50 fine for texting while driving, but carries no points as a penalty and will not be recorded on the driver record for non-commercial drivers. However, it will be recorded on commercial drivers’ records as a non-sanction violation. The ban does not include the use of a GPS system, or any device that is physically integrated to a vehicle. Effective since March 8, 2012. | ||||
Puerto Rico | all (primary violation) | ||||
Rhode Island | all (primary violation) 06/01/2018 | under 18 (primary violation) [10] | totally prohibited | ||
South Carolina | Totally prohibited, but officers must ascertain that a driver is texting rather than using the phone for another purpose. [33] | Authorities can impose fines and track "distractions" on accident reports under Contributing Factors. | |||
South Dakota | on learner or intermediate license (secondary violation) | ||||
Tennessee | All (primary violation) | on learner or intermediate license (primary violation) [10] | totally prohibited | texting prohibited [34] | |
Texas | Driving through school zones [35] | under 18 (primary violation) | totally prohibited | texting prohibited [36] | |
Utah | under 18 (primary violation) | Regulated under distracted driving laws. [10] | |||
Vermont | all (primary violation) | under 18 (primary violation) [37] | totally prohibited (primary) [38] | GPS use of cell phone is allowed if the cell phone is securely mounted and not in the driver's hand [39] First offense shall be subject to a fine of $100 - $200 [39] Second and subsequent offenses shall be subject to a fine of $250 - $500 if within a 2-year period [39] | |
Virgin Islands | all (primary violation) | ||||
Virginia | under 18 (primary violation) [10] all (effective January 1, 2021) [40] | under 18 (secondary violation) [10] all (effective January 1, 2020) [40] | totally prohibited | totally prohibited | Use of phone to talk is allowed, but text or email by the driver while vehicle is operational on state roads is prohibited. An exception exists for using GPS, dialing a number to make a call, or reporting an emergency. As of January 1, 2021, all handheld use of a phone will be prohibited. Exceptions allowed for when lawfully parked or stopped, emergency vehicles, reporting an emergency, using the radio, and traffic incident management workers. [40] |
Washington | all (primary violation) [10] | on learner or intermediate license (primary violation) | Texting prohibited | ||
Washington, D.C. | all (primary violation) | on learner permit (primary violation) [10] | totally prohibited | totally prohibited | |
West Virginia | all (primary violation) | under 18 w/ learner or intermediate license (primary violation) | |||
Wisconsin | Driving through construction zones | on learner or intermediate license (primary violation) | Texting prohibited [41] | Texting prohibited [42] | Any activity appearing to interfere with driving prohibited [43] |
Wyoming | on learner or intermediate license (primary violation) [10] |
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. [2]
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. [44] Just 5% of mobile phone-related accidents in the U.S. involved texting: [45] "The majority of the accidents involve drivers distracted while talking on handheld or hands-free cellphones." [44]
The U.S. Department of Transportation has established an official website to combat distracted driving, Distraction.gov. [46]
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. [47]
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". [48]
Mobile phone spam is a form of spam, directed at the text messaging or other communications services of mobile phones or smartphones. As the popularity of mobile phones surged in the early 2000s, frequent users of text messaging began to see an increase in the number of unsolicited commercial advertisements being sent to their telephones through text messaging. This can be particularly annoying for the recipient because, unlike in email, some recipients may be charged a fee for every message received, including spam. Mobile phone spam is generally less pervasive than email spam, where in 2010 around 90% of email is spam. The amount of mobile spam varies widely from region to region. In North America, mobile spam steadily increased after 2008 and accounted for half of all mobile phone traffic by 2019. In parts of Asia up to 30% of messages were spam in 2012.
Mobile telephony is the provision of telephone services to mobile phones rather than fixed-location phones. Telephony is supposed to specifically point to a voice-only service or connection, though sometimes the line may blur.
An open-container law is a law which regulates or prohibits drinking alcohol in public by limiting the existence of open alcoholic beverage containers in certain areas, as well as the active consumption of alcohol in those areas. "Public places" in this context refers to openly public places such as sidewalks, parks and vehicles. It does not include nominally private spaces which are open to the public, such as bars, restaurants and stadiums.
Mobile phone use while driving is common but it is dangerous due to its potential for causing distracted driving and subsequent crashes. Due to the number of crashes that are related to conducting calls on a phone and texting while driving, some jurisdictions have made the use of calling on a phone while driving illegal in an attempt to curb the practice, with varying levels of efficacy. Many jurisdictions have enacted laws making handheld mobile phone use illegal. Many jurisdictions allow use of a hands-free device. Driving while using a hands-free device has been found by some studies to provide little to no benefit versus holding the device itself and carrying on a conversation. In some cases restrictions are directed only at minors, those who are newly qualified license holders, or to drivers in school zones. In addition to voice calling, activities such as texting while driving, web browsing, playing video games, or phone use in general may also increase the risk of a crash.
In the United States, speed limits are set by each state or territory. States have also allowed counties and municipalities to enact typically lower limits. Highway speed limits can range from an urban low of 25 mph (40 km/h) to a rural high of 85 mph (137 km/h). Speed limits are typically posted in increments of five miles per hour (8 km/h). Some states have lower limits for trucks, some also have night and/or minimum speed limits.
In-car entertainment (ICE), or in-vehicle infotainment (IVI), is a collection of hardware and software in automobiles that provides audio or video entertainment. In car entertainment originated with car audio systems that consisted of radios and cassette or CD players, and now includes automotive navigation systems, video players, USB and Bluetooth connectivity, carputers, in-car internet, and WiFi. Once controlled by simple dashboards knobs and dials, ICE systems can include steering wheel audio controls, handsfree voice control, touch-sensitive preset buttons, and even touch screens on higher-end units. Latest models of In-car entertainment systems are coming equipped with rear-view cameras along with side cameras for better safety.
A mobile phone or cell phone is a portable telephone that can make and receive calls over a radio frequency link while the user is moving within a telephone service area, as opposed to a fixed-location phone. The radio frequency link establishes a connection to the switching systems of a mobile phone operator, which provides access to the public switched telephone network (PSTN). Modern mobile telephone services use a cellular network architecture, and therefore mobile telephones are called cellphones in North America. In addition to telephony, digital mobile phones support a variety of other services, such as text messaging, multimedia messaging, email, Internet access, short-range wireless communications, satellite access, business applications, payments, multimedia playback and streaming, digital photography, and video games. Mobile phones offering only basic capabilities are known as feature phones ; mobile phones that offer greatly advanced computing capabilities are referred to as smartphones.
The transportation system of Connecticut is a cooperation of complex systems of infrastructure. Trains and highways are the central pieces of the system.
Texting while driving, also called texting and driving, is the act of composing, sending, or reading text messages on a mobile phone while operating a motor vehicle. Texting while driving is considered extremely dangerous by many people, including authorities, and in some places has either been outlawed or restricted. As a form of distracted driving, texting while driving significantly increases the chances that a driver will be involved in a motor vehicle accident.
Distracted driving is the act of driving while engaging in other activities which distract the driver's attention away from the road. Distractions are shown to compromise the safety of the driver, passengers, pedestrians, and people in other vehicles.
Etiquette in technology, colloquially referred to as netiquette, is a term used to refer to the unofficial code of policies that encourage good behavior on the Internet which is used to regulate respect and polite behavior on social media platforms, online chatting sites, web forums, and other online engagement websites. The rules of etiquette that apply when communicating over the Internet are different from these applied when communicating in person or by audio or video call. It is a social code that is used in all places where one can interact with other human beings via the Internet, including text messaging, email, online games, Internet forums, chat rooms, and many more. Although social etiquette in real life is ingrained into our social life, netiquette is a fairly recent concept.
People v. Diaz, 51 Cal. 4th 84, 244 P.3d 501, 119 Cal. Rptr. 3d 105 was a Supreme Court of California case, which held that police are not required to obtain a warrant to search information contained within a cell phone in a lawful arrest. In a sting operation conducted by local police, the defendant, Gregory Diaz, was arrested for the sale of the illicit drug ecstasy and his cellphone, containing incriminating evidence, was seized and searched without a warrant. In trial court proceedings, Diaz motioned to suppress the information obtained from his cellphone, which was denied on the grounds that the search of his cellphone was incident to a lawful arrest. The California Court of Appeal affirmed the court's decision and was later upheld by the California Supreme Court. In 2014, the United States Supreme Court overruled that position in Riley v. California and held that without a warrant, police may not search the digital information on a cellphone that has been seized incident to arrest.
Problematic smartphone use is psychological or behavioral dependence on cell phones. It is closely related to other forms of digital media overuse such as social media addiction or internet addiction disorder.
In most jurisdictions, prison inmates are forbidden from possessing mobile phones due to their ability to communicate with the outside world and other security issues. Mobile phones are one of the most smuggled items into prisons. They provide inmates the ability to make and receive unauthorized phone calls, send email and text messages, use social media, and follow news pertaining to their case, among other forbidden uses.
People who are driving as part of their work duties are an important road user category. First, workers themselves are at risk of road traffic injury. Contributing factors include fatigue and long work hours, delivery pressures, distractions from mobile phones and other devices, lack of training to operate the assigned vehicle, vehicle defects, use of prescription and non-prescription medications, medical conditions, and poor journey planning. Death, disability, or injury of a family wage earner due to road traffic injury, in addition to causing emotional pain and suffering, creates economic hardship for the injured worker and family members that may persist well beyond the event itself.
Cellphone surveillance may involve tracking, bugging, monitoring, eavesdropping, and recording conversations and text messages on mobile phones. It also encompasses the monitoring of people's movements, which can be tracked using mobile phone signals when phones are turned on.
The use of mobile phones in schools has become a controversial topic debated by students, parents, teachers and authorities.
A textalyzer is a proposed device that would allow the police to detect illegal text messaging while driving. The device has been promoted as a means of reducing distracted driving. The device would be used by police officers who suspect that a driver has been texting while driving using similar procedures currently in place for drivers suspected of driving under the influence. The device would be connected to the driver's mobile phone and would scan the phone for calls, e-mails, or text messages sent when the driver would have been operating the vehicle.
The Anti-Distracted Driving Act (ADDA), officially designated as Republic Act No. 10913, is a Philippine law that prohibits distracted driving by restricting and penalizing the use of mobile phones and other electronics devices while driving on any public thoroughfare, highway, or street in the Philippines. The republic act defines "distracted driving" as "using mobile communications device to write, send, or read a text-based communication or to make or receive calls" or "using an electronic entertainment or computing device to play games, watch movies, surf the internet, compose messages, read e-books, perform calculations, and other similar acts" while behind the wheel of a moving vehicle or while temporarily stopped at a red light. The law covers all private and public vehicles, including agricultural machines, construction equipment, public utility buses and jeepneys, taxicabs, motorcycles, tricycles, pedicabs, kuligligs and carriages.
Acusensus is a technology company that provides automated recognition of drivers using mobile phones while driving in order to enforce traffic safety laws intended to prevent distracted driving.