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Hand Held Cell Phone Ban While Driving

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Can your state be far behind?

23 countries including England, Italy, Switzerland, Hungary, Israel and Japan, have enacted Handheld cell phone bans while driving . 23 states are considering similar measures.

New York was the first to pass such a law.

Assemblyman Felix Ortiz, a Democrat from Brooklyn, who proudly calls himself the father of the handheld cell phone ban wanted to include drinking, smoking and eating. The rest of the Assembly thought the backlash from the coffee industry would be unbearable.

Someone forgot to tell him that driving while distracted is already a law on the books.

Someday soon you may get a ticket for not having both hands on the steering wheel or not wearing a crash helmet while driving.

Driving Rules on the Net

Cell Phone Law IS the Law in New York State

Attention Parents!

You can talk and drive but you can't hold the phone in your hand and drive. You have to buy a hands free kit to comply with the law.

Just because you don't live in New York don't think that you won't be buying the accessory real soon. They range between 20 and 90 dollars, and you won't be talking you will be screaming.

Here is the Actual Law

Cellular Phone Law

No person shall operate a motor vehicle while using a mobil telephone to engage in a call while a vehicle is in motion.

Penalties: Violation of New York's Cellular Phone Law is a traffic infraction, which may result in a fine of up to $100 plus court administration fees.

Exceptions: The operator uses a hands-free mobil telephone, which allows the user to communicate without the use of either hand.

When the sole purpose of the phone call is to communicate an emergency to a police or fire department, a hospital or physician's office, or an ambulance corps.

Police officers, fire fighters and operators of other authorized emergency vehicles while in performance of their official duties.

If you are going to teach your teen to drive, refresh your knowledge and review what they must know.

Things have changed since you were 16.

Online Study Guide for Student Drivers

drivingrules.net/Cell%20Phone%20Laws/Cell%20Phone%20Ban.htm

Cell Phones & Distracted Driving

Cell Phone ImageNHTSA estimates 10 percent of drivers on U.S. roads are using some type of mobile phone, either hand-held or hands-free. GHSA discourages the use of cell phones while driving. In a recent media alert, GHSA Chairman Chris Murphy stated that “All drivers, but particularly teens, need to focus solely on driving—and that means the cell phone needs to be off."

Concern over the increasing use of cell phones while driving has prompted legislatures in a number of states to attempt to ban, or at least restrict, the practice, particularly among novice drivers. Some states have begun to address the specific issue of driving while texting (DWT) as well.

Some states include use of cell phones as a data element where driver distraction contributes to a crash, but generally very few studies and limited crash data is available that provides a direct correlation between use of cell phones while driving and crashes.

In April 2006, NHTSA and the Virginia Tech Transportation Institute released research that concludes that driver inattention is the leading factor in most crashes and near-crashes. The study reports that nearly 80 percent of crashes and 65 percent of near-crashes involved some form of driver inattention within three seconds before the crash.

GHSA has urged legislators not to interpret these results as a need for new legislative initiatives. The Association believes it is simply not good public policy to enact laws addressing every type of driver behavior. Connecticut, New York, New Jersey and the District of Columbia have enacted jurisdiction-wide bans on 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 other jurisdictions have enacted broader bans covering overall driver distractions. Before additional states enact such laws, NHTSA must fund studies to review what, if any, impact these laws have had. This type of information is critically important to guide policymakers in determining how best to address driver inattention and distraction.

As part of a state's graduated drivers licensing law, novice drivers should be discouraged from using cell phones or other electronic devices for non-emergency purposes while driving. Young drivers have higher crash rates than more mature drivers, and are particularly vulnerable to fatal crashes. Limiting cell phone use as part of a graduated licensing system is one effective way to help reduce the number of teen traffic crashes and fatalities.

www.ghsa.org/html/issues/cellphone.html

Cell Phone Driving Laws

Cell Phone IconSeveral states restrict cell phone use while driving. Generally, state cell phone driving laws are based on issues specific to each state. For example, many states have identified cell phone use by novice drivers as an emerging highway safety problem 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:

  • 5 states (California, Connecticut, New Jersey, New York and Washington), the District of Columbia and the Virgin Islands have enacted jurisdiction-wide cell phone laws prohibiting driving while talking on handheld cell phones. Many other states ban cell phone use in specific situations.
  • 17 states and the District of Columbia have special cell phone driving laws for novice drivers.
  • School bus drivers in 14 states and the District of Columbia are prohibited from all cell phone use when passengers are present, except for in emergencies.
  • In May of 2007, Washington became the first state to ban driving while texting for all drivers. New Jersey followed suit in November and a few other states are considering similar measures.
  • No state completely bans all types of cell phone use (handheld and hands-free) while driving.
  • Some states, such as Utah and New Hampshire, treat cell phone use as a larger "distracted driving" issue.

Learn more about this topic by visiting GHSA's Cell Phones & Distracted Driving issue page.

State

Crash

Data

Collected?

(code on report form or in narrative)

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).

Prohibits any mobile device use by any driver under age 18. Emergency calls are exempted. (eff. 7/1/2008)

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

D.C.

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

Officer can code "Driver Distraction" as contributing cause and list cell phone in the narrative. Less than 0.2% of crash reports for 2006 listed cell phone use as a contributing cause.

Headphones can be used with a cell phone as long as they provide sound through one ear and allows surrounding sound to be heard with the other ear.

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

 

Georgia

Yes

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

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 <19 who hold an instruction permit or graduated license may not use cell phones 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.

Maine

A person who has not attained 18 years of age may not operate a motor vehicle while using a mobile telephone or handheld electronic device.

Maryland

Yes

Drivers under 18 holding a learner or provisional license 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

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 (emergencies excepted).

Text-messaging is prohibited (eff. 3/1/08).

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.

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

School bus drivers may not use cell phones

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.

Provisional and permitee teen drivers (under 18) prohibited from using mobile communication devices (both text and voice) while driving.

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

Virgin Islands

Yes

Hands free cell phone devices required while operating a vehicle (may be used in case of emergency)

Virginia

Yes

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). Exempts drivers of emergency vehicles and tow trucks, drivers who have hearing aids and drivers reporting emergencies or illegal activities. Secondary enforcement.

Drivers may not send, read or write a text message while driving unless operating an emergency vehicle or reporting an emergency or illegal activity. Not part of record, not given to insurance companies. Secondary enforcement.

West Virginia

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

Wisconsin

Wyoming

Total

29 States + Virgin Islands

Varies

9 States

17 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 January, 2008.

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

www.ghsa.org/html/stateinfo/laws/cellphone_laws.html