America's Evolving Cell Phone Driving Laws

Wirefly Compiles Comprehensive State by State List of Current Regulations

We've seen it too. That annoying, even dangerous, driver directly in front of you on the highway with a cell phone glued to his or her ear. It's one of the unintended consequences of the cell phone revolution; and, now that so many Americans rely on cell phones every day and everywhere, state lawmakers across the country have begun to crack down on the hazardous habit of talking (or texting) while driving.

Any time you cross a state line - or, in some cases, a town line - you're entering a new jurisdiction, and, potentially, new legal territory. It can get a bit confusing. With several state laws taking effect this year, the map continues to change. This simple reference guide is designed to remove that confusion, and help you avoid hefty fines.

If you're planning a trip, or if you're simply unsure about your own state's driving regulations, take a look through the following list of cell phone-related driving laws from coast to coast (current through July 2008).

Note: the best way to remain connected on the road while complying with any of these laws is to pick up a wireless Bluetooth headset, for full hands-free calling.

Five states (plus the District of Columbia) have enacted laws prohibiting the use of handheld cell phones by all drivers:

• California. Hands-free devices are required to use a phone while driving. In addition, drivers with learner's permits may not talk on cell phones, send text messages, or use other electronic devices while driving.
• Connecticut. Hands-free devices are required to use a phone while driving.
• District of Columbia. Hands-free devices are required to use a phone while driving. In addition, drivers with a learner's permit may not use a cell phone while operating a car.
• New Jersey. Hands-free devices are required to use a phone while driving, but the measure may only be enforced when the driver is violating another law. Additionally, drivers under age 21 or those on a graduate license permit/provisional license may not use a phone while operating a vehicle.
• New York. Hands-free devices are required to use a phone while driving.
• Washington. Hands-free devices are required to use a phone while driving. In addition, composing and/or sending text messages while driving is prohibited.

The following states have enacted laws prohibiting the use of handheld cell phones by certain classes of drivers (notably, those with a learner's permit):

• Colorado. Drivers with a learner's permit are prohibited from using a cell phone at any time while operating a vehicle.
• Delaware. Drivers with a learner's permit are prohibited from using a cell phone at any time while operating a vehicle.
• Illinois. Drivers with a learner's permit are prohibited from using a cell phone at any time while operating a vehicle. Additional restrictions may exist by jurisdiction.
• Maine. Drivers with a learner's permit - or anyone under the age of 18 - are prohibited from using a cell phone at any time while operating a vehicle.
• Maryland. Drivers with a learner's permit - or anyone under the age of 18 - are prohibited from using a cell phone at any time while operating a vehicle.
• Minnesota. Drivers with a learner's permit - or anyone under the age of 18 - are prohibited from using a cell phone at any time while operating a vehicle.
• Nebraska. Drivers with a learner's permit - or anyone under the age of 18 - are prohibited from using a cell phone to talk or send text messages at any time while operating a vehicle.
• New Mexico. Drivers of state vehicles must use a hands-free device when using a cell phone while driving. Additional restrictions may exist by jurisdiction.
• North Carolina. Drivers with a learner's permit - or anyone under the age of 18 - are prohibited from using a cell phone at any time while operating a vehicle, except to dial 911.
• Oregon. Drivers with a learner's permit - or anyone under the age of 18 - are prohibited from using a cell phone at any time while operating a vehicle.
• Rhode Island. All drivers under the age of 18 are prohibited from using a cell phone at any time while operating a vehicle.
• Tennessee. Drivers with a learner's permit are prohibited from using a cell phone at any time while operating a vehicle on the highway.
• Texas. Drivers with a learner's permit - or anyone under the age of 18 - are prohibited from using a cell phone at any time while operating a vehicle.
• Virginia. Drivers with a learner's permit are prohibited from using a cell phone at any time while operating a vehicle.
• West Virginia. Drivers with a learner's permit are prohibited from using a cell phone at any time while operating a vehicle.

The following states either prohibit cell phone use on a conditional basis, or have other laws on the books relating to cell phone use while driving:

• Florida. Drivers may use a cell phone while operating a car as long as the sound goes through only one ear; the other ear must be kept free to hear surrounding sound.
• Massachusetts. Drivers may use a cell phone while driving as long as it does not prevent safe operation of the vehicle. One hand must be on the wheel at all times.
• New Hampshire. Cell phone use while driving is not forbidden, but additional fines are imposed on drivers who cause accidents while on the phone.
• Utah. State law covers "careless driving" offenses, such as when a driver commits a traffic violation while holding a cell phone.

Any state not mentioned here may have also laws which vary by jurisdiction.

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