Legislation passed
 
Legislation pending
Legislation stalled
No proposed legislation

 

   


Info Provided By : The Governors Highway Safety Association

Current as of April 2007

State

Bill Number

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. Effective 7/08, all drivers must use hands free device, except for emergencies, and drivers of emergency response vehicles (commercial vehicle drivers exempted from requirement until 2011).

-- --

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

D.C.

 

Under consideration

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

Cellular phone use is permitted as long as it provides sound through one ear and allows surrounding sound to be heard with the other ear. Currently conducting studies.

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

--

Georgia

  --

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

Drivers younger than 18 and 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 in learner or intermediate licensure stage prohibited from using cell phones except for emergencies.

Indiana

 

Yes

-- -- --

Iowa

 

Yes

-- -- --

Kansas

  -- -- -- --

Kentucky

  -- --

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.

Bill is pending in 2007 legislative session

Maine

  -- -- --

Persons with instructional permits or persons under 18 with restricted licenses may not operate a motor vehicle while using a mobile telephone.

Maryland

 

Yes

-- --

Drivers under 18 holding a learner or intermediate permit 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

-- -- --

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

-- --

Effective Jan. 2008, 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 (hand-held cell phones can only be used in emergencies). The law is secondary, meaning police will have to witness another violation to pull the motorist over. Talking on a hand-held cell phone alone cannot get a motorist stopped. State legislature approved cell phone and driving studies.

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.

No pre-emption laws - two localities currently prohibit use other than with hands-free device.

Driver education students/instructors are prohibited from using cell phones during behind-the-wheel training, except for emergencies.

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.

A statewide handheld ban supersedes any effort of localities to adopt a cell phone ban.

--

North Carolina

 

Yes

-- --

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.

--

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

  -- -- -- --

Virginia

 

Yes

-- -- Eff. 7/2007, drivers holding an intermediate license may not use cell phones, including hands-free devices (except for emergencies).

Washington

 

Yes

-- -- --

West Virginia

  -- -- --

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

Wisconsin

  -- -- -- --

Wyoming

  -- -- -- --

Total

 

28 States

15 States + D.C.

10 States

15 States + D.C.