Citing a need for road safety, more states are passing laws that restrict how people can use wireless cell phones in their cars.
As of 2006, no state has passed a blanket ban on a cell phone use in a car. After all, (excuse the pun), safety is a 2-way street, and most states recognize the benefits of drivers being able to dial 9-1-1 or having a way to contact authorities in the case of an emergency.
However, several states have passed laws that place certain restrictions on the manner of cell phone use for non-emergency purposes. Many of these restrictions ban the use of "hand held" cell phones (requiring a hands free, "speakerphone", set up for cell phone calls so that the driver can have both hands on the wheel). Some states have banned cell phone use for bus drivers, while others have banned cell phones for drivers with learning permits or those under 18 years of age.
Five states or jurisdictions have now banned hand-held cell phone use while driving: Connecticut, New York, New Jersey, District of Columbia and California (though California's ban only takes effect starting in July 2008).
Other states have taken the route of allowing their local cities to craft their own policies regarding the question of hand-held cell phone use while driving within their city limits. However, these states do not necessarily have a uniform ban of hand-held cell phones within their borders. These states are: Illinois, Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania.
If you happen to be operating a school bus, there are now at least eleven states or jurisdictions that ban all non-emergency cell phone usage for the driver (hands free or not): Arizona, Arkansas, California, Connecticut, Delaware, Illinois, Massachusetts, New Jersey, Rhode Island, Tennessee, Texas) and the District of Columbia.
Some of these states will allow bus drivers to use cell phones for essential "work related" purposes - but not private or social calls.
At least twelve states or jurisdictions will restrict all non-emergency use of cell phones (hands free or not) for new drivers who are operating their vehicles for a certain period under a temporary "learner's permit" driving license: Colorado, Connecticut, Delaware, District of Columbia, Illinois, Maine, Maryland, Minnesota, New Jersey, Tennessee, Texas, and West Virginia.
At least four states restrict all non-emergency use of cell phones (hands free or not) for any driver under 18 years of age (regardless of the status of the driving license): Connecticut, Illinois, North Carolina and Rhode Island.
One State's Example: California's Cell Phone Law
The California statute which restricts hand-held cell phone use in cars is typical of the kinds of laws that you will find throughout many states in the U.S. regarding this issue. However, every state will have different provisions and penalties (some with harsher penalties than others) - please consult the law in the state that you drive in to accurately assess what may apply to you.
California's cell-phone law will take effect July 1, 2008.
Under California's law, "a person shall not drive a motor vehicle while using a
wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving."
The first time you violate the law will result in a $20 fine.
The fine increases to $50 for each subsequent violation.
No "violation points" shall be assessed to one's driver's license for violating the hand-held cell-phone ban while driving.
California's cell phone law does not apply to:
1. A person using a wireless telephone for emergency purposes.
2. Any "emergency services professional using a wireless telephone while operating an authorized emergency vehicle" in the scope of his or her duties.
3. Any person using "a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user", PROVIDED that they are driving a specifically designated class of commercial truck or farm vehicle.
4. A person "while driving a motor vehicle on private property".
The law also doesn't apply to anyone driving a "school bus or transit vehicle" - but only because there is a separate (and stricter) law that bans the use of cell phones in such vehicles.
Other states that ban hand-held cell phones while driving may have stricter provisions resulting in harsher penalties. Please consult the appropriate law in the area where you live.
In the end - everyone should use common sense. Don't be an idiot and keep your eyes (and mind) on the road!
[Note from HandelontheLaw.com: This article is to be used as an educational guide only and should not be interpreted as a legal consultation. Readers of this article are advised to seek an attorney if a legal consultation is needed. Laws may vary by state and are subject to change, thus the accuracy of this information can not be guaranteed. Readers act on this information solely at their own risk. Neither HandelontheLaw.com, or any of its affiliates, shall have any liability stemming from this article.]
