One of the largest driving controversies facing our country right now is the use of cell phones while driving. The problem is less the phone itself than the fact that using a phone while driving leads to distraction, which creates a whole plethora of dangers. This issue came to a head in many ways in 2003, with a University of Utah that showed greater impairment in driving while using a cell phone than driving intoxicated.
The federal government hasn’t yet weighed in on this issue, preferring instead to leave it up to the states. Most state legislators, however – with their usual speed and efficiency – have yet to address the issue. In fact, the only thing that can really be said is that no state has explicitly banned the total use of cell phones while driving, whether using a hands free headset or not. Only certain professions, most notably school bus drivers, are generally prohibited from using cell phones.
Currently, only five states – California, Connecticut, New Jersey, New York and Washington – the District of Columbia and the Virgin Islands prohibit every driver from talking on hand held cell phones while driving. And in each case, except in Washington State, these laws fall under primary enforcement, which means that a law officer may ticket someone for using a cell phone while driving without any other offense occurring.
In addition, there are 21 states, together with the District of Columbia, which ban all cell phone use by novice drivers. Eleven states prohibit text messaging by novice drivers – especially surprising given the extreme danger posed by this situation.
Next, there are 18 states, along with the District of Columbia, that prohibit school bus drivers from all cell phone use when they’re carrying school children, and only two states specifically restrict school bus drivers from texting while driving.
And as text messaging has become increasingly popular, many states have explicitly prohibited it as well. There are 10 states – Alaska, Arkansas, California, Connecticut, Louisiana, Minnesota, New Jersey, Utah, Virginia and Washington – and the District of Columbia that have a text messaging ban for all drivers under any condition.
At present, there’s no consistency in laws between the various states. Utah, for example, considers speaking on a cell phone a crime only if a driver is also committing some other moving violation. And in Louisiana, there have been three different cell phone laws passed addressing teen drivers – it is currently unclear whether both hand-held and hands-free phones are prohibited, or whether only hand-held phone use is banned. All three laws prohibit text messaging, although the actual enforcement may vary.
In addition, New Hampshire has addressed the issue, not by going after cell phones by name, but by enacting a comprehensive distracted driving law, which many people believe to be the best course of action overall. In many legal analyses, it does appear to be counter-productive to criminalize cell phone use and ignore eating, applying make-up or shaving until the appropriate studies come forth condemning those practices.
But for your safety – and for that of others on the road – it’s best to restrict all cell phone use while driving. You should definitely never send or receive text messages while driving, and you should avoid any other practices that distract you as well. We’ll all be safer for it.
