The Right Price

The movement is growing. There are now 28 states and D.C. that ban Novice drivers from using a cell phone, hand held or not while driving. There are 8 states plus D. C. and the Virgin Islands that ban all drivers from using a hand held cell phone while driving.

Although many states have bans on hand-held cell phone calling while driving, they exempt incoming, emergency calls, and also some professionals (I would like to think my doctor can be asked for his guidance in an emergency).

Most states have primary enforcement for their cell phone laws, which means an officer can pull you over and give you a citation if he sees a cell phone in your hand while you are behind the wheel. Only Maryland and Utah have secondary offense laws, meaning the officer must pull you over for a driving offense (were you weaving or speeding?) before checking if you were using your cell phone.

California is hoping to reduce the 4,000-person annual death toll from traffic accidents by about 300, but a Harris Interactive poll in Connecticut, New York and New Jersey found that although 72 percent have a hands-free product in their cars, only about 14 percent of drivers use them while driving. Reasons they gave were that the devices were uncomfortable and difficult to use.

A recent study established that young adults talking on cell phones while driving, not only had their reaction time slowed, but that it was the conversation on the phone, especially the listening part, that caused the reaction-slowing distraction.

Current state cell phone driving law highlights include the following:

Preemption Laws: Several states have cell phone laws, but treat cell phone use as a larger distracted driving issue. Preemption laws prohibit local jurisdictions (like cities) from enacting their own restrictions.

School Bus Drivers: In 18 states and the District of Columbia, school bus drivers are prohibited from all cell phone use when passengers are present, except for emergencies.

Text Messaging: 30 states ban text messaging for all drivers, and other states have introduced similar legislation.

The list so far:

From: Cell Phone and Texting Laws (January 2011)

8 states (CA, CT, DL, MD, NJ, NY, OR, WA) plus D.C. and Virgin Islands ban hand held cell phones while driving. In all except MD, law enforcement can cite a driver if they SEE a cell phone being held while driving (primary enforcement).

6 states (FL, KY, LA, MS, NV, OK) have preemption laws prohibiting localities from enacting their own laws.

28 states and D.C. ban ALL cell phone use while driving for Novice drivers. The definition generally includes drivers under 18 and holding learner permits or provisional or intermediate licenses for less than 12 months.

18 states and D.C. ban cell phone use for school bus drivers with passengers.

30 states, D.C. and Guam ban texting while driving. 26 of those states have primary enforcement (an officer just has to SEE a cell phone in the driver’s hand). 2 states prohibit school bus drivers from texting while driving.

An additional 8 states prohibit texting while driving by novice drivers.

Drivers who want to (legally) talk while driving are adapting to the new reality.