The Right Price

Two more states (California and Washington) were added July 1 to the roster of the growing list of states that are banning talking on cell phones without a hands-free device or texting.   New York added a texting ban to its cell phone ban effective 11/1/2009.  Colorado and North Carolina ban texting while driving effective 12/1/2009.  Effective 1/1/2010, Oregon implements a cell phone and texting ban, while Illinois and New Hampshire add texting  bans.  

(see list at the end of this post)

Many states have bans on hand-held cell phone calling while driving, but 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 Washington has a secondary offense law, meaning the officer must pull you over for an 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 recent poll (Harris Interactive) 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.

Texting danger has yet to reach the critical levels and only 13 states (+D.C) ban texting, although Virginia is considering legislation that would extend the texting ban to any transportation vehicle, including mopeds, bicycles and electric wheelchairs. 

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 restrictions.

School Bus Drivers: In 15 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: 4 states (Alaska, Minnesota, New Jersey and Washington) ban text messaging for all drivers, but many other states have introduced similar legislation.

Full ban: prohibits all drivers from cell phone and texting use. Certain states allow hands-free cell use.

The list so far:

 
9 states have preemption law (up from 7 in 2005, adding New Jersey & Utah)
6 states+ D.C. & Virgin Islands ban handheld
19 states+ D.C. ban texting 

Many states consider cell phone usage a primary enforcement offense where an officer may ticket a driver for using a handheld cell phone while driving without any other traffic offense taking place (25 for texting, 5 for handheld usage).

Many states ban all cell phone use for drivers under 18

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

Is your state listed?
Have you ever been stopped or pulled over?
Were you on your cell phone?
(even if your cell phone was on and visible, you could receive a citation)

Isn’t it time you went hands-free?