Check the Law Before you Talk & Drive

Did you know that driving and using a cell phone is illegal in some states, with many soon to follow … here are the latest Cell Phone Laws from across the USA.

Cell Phone Driving Laws by State

At a Glance:

6 states and DC ban cell phone use without a hand-held device.

6 states allow localities to ban cell phone use.

8 states prohibit localities from banning cell phone use.

14 states and DC ban the use of cell phones while driving a school bus.

17 states and DC ban the use of cell phones by novice drivers.

Alabama

Hand-Held Devices: Allowed
Bus Drivers*: Allowed
Novice Restrictions**: None
Enforcement: N/A

Alaska

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Arizona

Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary***

Arkansas

Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

California

Hand-Held Devices: Banned (as of 7/2008)
All drivers must use a hands free device**** (except for emergencies, and drivers of emergency response vehicles)
Commercial vehicle drivers exempted from requirement until 2011.
Bus Drivers: Banned (including transit operators)
Novice Restrictions: 18 and Under (as of July 2008)
Enforcement: Primary
An 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.
Fines: $20 for a first offense; $50 for subsequent infractions

Colorado

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner’s Permit, regardless of age
Enforcement: N/A

Connecticut

Hand-Held Devices: Banned (as of 10/1/05)
All drivers on public and private roads must use hands free device, except for emergency situations.
Bus Drivers: Banned
Novice Restrictions: Learner’s Permit and Under 18
Enforcement: Primary
Fines: $100 for first-time offenders

Delaware

Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Learner’s Permit and Intermediate Licenses (unless pulled to the side of the road)
Enforcement: Primary

Florida

Hand-Held Devices: Allowed
However, officers can code “Driver Distraction” as contributing cause and list cell phone in the narrative.
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Georgia

Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: N/A

Hawaii

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Idaho

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Illinois

Hand-Held Devices: By Jurisdiction — Banned in Chicago (as of 7/8/05)
Bus Drivers: Banned
Novice Restrictions: Under 19 and Learner’s Permit
Enforcement: Primary
Fines: $50.00 per offense, up to $200.00 if the offending call occurs during an accident

Indiana

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Iowa

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Kansas

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Kentucky

Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

Louisiana

Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Maine

Hand-Held Devices:: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner’s Permit and Intermediate License
Enforcement: Primary

Maryland

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner’s Permit and Intermediate License
Enforcement: Secondary

Massachusetts

Hand-Held Devices: By Jurisdiction — Banned in Brookline
Cell phone use is permitted only if it doesn’t interfere with the operation of the vehicle and one hand remains on the steering wheel at all times.
Bus Drivers: Banned
Novice Restrictions: None
Enforcement: Primary

Michigan

Hand-Held Devices: By Jurisdiction — Banned in Detroit
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Minnesota

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner’s Permit and Provisional Licenses for the first 12 months after licensing
Enforcement: Primary

Mississippi

Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Missouri

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Montana

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Nebraska

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learners Permit and Intermediate License Holders under 18
, includes Blackberry and other wireless devices
Enforcement: Secondary

Nevada

Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

New Hampshire

Hand-Held Devices: Allowed
However, it is dealt with as a distracted driving issue.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

New Jersey

Hand-Held Devices: Banned, Including Text Messaging (as of 3/01/08)
Hands free cell phone devices are required while operating a vehicle
Bus Drivers: Banned
Novice Restrictions: Learner’s Permit and Intermediate Licenses
Enforcement: Primary
Fines: $250 for talking on the phone; $100 for text messaging

New Mexico

Hand-Held Devices: By Jurisdiction — Banned in Santa Fe (as of 2002)
However, Santa Fe lawmakers are considering dropping the city’s ban, claiming there is no proof that it helps.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Fine:$101

New York

Hand-Held Devices:Banned
Hands-free cell phone devices are required while operating a vehicle.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A
Fines: $100 maximum, $50 mandatory surcharge

North Carolina

Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Drivers Under 18
Enforcement: Primary

North Dakota

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Ohio

Hand-Held Devices: By Jurisdiction — Banned in Brookyln, North Olmstead and Walton Hills. Cleveland is under debate.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Oklahoma

Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Oregon

Hand-Held Devices: Allowed
Prohibit localities from banning cell phone use.
Bus Drivers: Allowed
Novice Restrictions: Learner’s Permit and Intermediate Licenses (as of 2008)
Enforcement: Secondary

Pennsylvania

Hand-Held Devices: By Jurisdiction — Banned in Philadelphia (as of 3/1/08), Lebanon, Conshohocken and Conshohocken
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: Primary (in Philadelphia)
Fines: $100 to $250 (in Philadelphia)

Rhode Island

Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Under 18
Enforcement: Primary

South Carolina

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

South Dakota

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Tennessee

Hand-Held Devices: Allowed
Bus Drivers: Banned
Novice Restrictions: Learner’s Permit and Intermediate Licenses
Enforcement: Primary

Texas

Hand-Held Devices: Allowed
Bus Drivers: Banned (when a passenger 17 and younger is present)
Novice Restrictions: Intermediate License Holders
Enforcement: Primary

Utah

Hand-Held Devices: Allowed
However, state law includes “careless driving” offenses, defined as when a driver commits a traffic violation while distracted, including while holding a cell phone.
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: Secondary

Vermont

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Virginia

Hand-Held Devices:Allowed
Bus Drivers: Allowed
Novice Restrictions: Intermediate License Holders, Drivers under 18
Enforcement: Secondary

Washington

Hand-Held Devices: Banned (as of July 2008); Text Messaging (as of January 2008)
Hands free cell phone devices are required while operating a vehicle.
Bus Drivers: Banned
Bus Drivers: None
Enforcement: Secondary
Fines: $101

Washington, D.C.

Hand-Held Devices: Banned. All drivers (regardless of residency) must use hands-free device. (Except for emergencies and on-duty emergency and police personnel.)
Bus Drivers: Banned
Novice Restrictions: Learner’s Permit Holders
Enforcement: Primary
Fines: $100, but first-time offenders can get it suspended by buying a hands-free accessory within a specified time

West Virginia

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: Learner’s Permit and Intermediate License Holders
Enforcement: Secondary

Wisconsin

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

Wyoming

Hand-Held Devices: Allowed
Bus Drivers: Allowed
Novice Restrictions: None
Enforcement: N/A

* School Bus Drivers

This is sort of no brainer, but only 14 states and the District of Columbia currently have a ban on School Bus drivers talking or texting in non-emergency situations.

** Novice Drivers

The District of Columbia and 17 states currently have laws focused on novice drivers, generally meaning those with learner’s permits or restricted/novice licenses. These laws almost always include a full ban on persons driving with learner’s permits from using a cell phone in a non-emergency situation. New Jersey doesn’t allow drivers under the age of 21 to use a cell phone while driving if they don’t have a full, non-graduated license.

*** Primary Vs. Secondary

As with many laws, including seat belt laws and open container laws, enforcement is either Primary or secondary. If it is a Primary enforcement law, you can get pulled over just for violating it. If it’s a secondary law, you have to also break an additional law before you can get cited. For example, in Colorado you’d have to run a stop sign or speed before getting the additional ticket for violating the cell phone ban.

**** Hands-Free Device

Although there is still much debate over whether or not hands-free sets are safer, however it’s legal to use a cell phone with a hands-free kit according to state laws (city laws may vary).

Must make sure I take my Bluetooth to California.