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Which States Have Cell Phone, Texting While Driving Bans?

 & Chloe Albanesius Executive Editor, News

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The National Transportation Safety Board (NTSB) caused quite the stir yesterday when it recommended that drivers be banned not just from texting while driving but also placing hands-free calls.

"More than 3,000 people lost their lives last year in distraction-related accidents," NTSB Chairman Deborah A.P. Hersman said in a statement. "It is time for all of us to stand up for safety by turning off electronic devices when driving."

The NTSB is an independent agency that investigates transportation accidents and makes recommendations on safety-related issues. It has no authority to regulate, fund, or be directly involved in the operation of any mode of transportation. A lawmaker, however, could conceivably use the agency's recommendations in crafting legislation.

While the NTSB is recommending that there be a nationwide ban on electronics use while driving, the agency's report focused on state efforts rather than an overarching ban from the federal level.

"A combination of enforceable state laws, high visibility enforcement, and supporting communication campaigns can reduce the number of accidents caused by drivers distracted by the use of portable electronic devices," the NTSB concluded.

The "enforceable" part of that statement might be the kicker. Police can spot a driver typing out a text message or holding up a phone to their ear, but if your phone is on speaker, how would an officer know you're not just talking to yourself or singing along to the radio?

Of course, the real danger is in those few seconds when a driver might glance at their phone during an incoming call, or scroll through contacts to place a call, even if the actual chatting is done in a hands-free manner. That's why recent discussions on this topic have focused on "distracted driving" as a whole rather than just phone calls or texts.

It remains to be seen what state lawmakers might do with the NTSB recommendations. At this point, there is a patchwork of state laws regarding cell phone use in the car, with other bills making their way through state legislatures. What's on the books in your state? While no state bans cell phone use outright at this point, many require hands-free devices or ban texting, according to the Governors Highway Safety Association (GHSA).

Ban on handheld cell phones while driving: Nine states (California, Connecticut, Delaware, Maryland, Nevada, New Jersey, New York, Oregon, and Washington) plus D.C. and Virgin Islands require hands-free mobile use.

Cell phone bans for novice drivers: 30 states and D.C. ban cell phone use by novices.

Cell phone bans for school bus drivers: 19 states and D.C. ban the use of cell phones by school bus drivers.

Ban on texting while driving: 35 states, D.C., and Guam ban texting while driving for all drivers. Another 7 states (Alabama, Mississippi, Missouri, New Mexico, Oklahoma, Texas, and West Virginia) ban the practice for novice drivers, while Mississippi, Oklahoma, and Texas ban the practice by school bus drivers.

Other states have variations on cell phone while driving bans, like New Hampshire, which has distracted driving laws. Texas bans handheld phones and texting in school zones, while Illinois bans handheld cell phones in school zones and highway construction zones.

Many cities have also passed distracted driving bans, though states like Florida, Kentucky, Louisiana, Mississippi, Nevada, and Oklahoma ban local officials from enacting such laws.

A complete chart of current laws is available on the GHSA Web site; also check out the image below.

What about the states without bans? Florida state Sen. Jack Latvala told the St. Petersburg Times today that there is "absolutely no chance" the state will ban cell phones while driving.

The Houston Chronicle reports that Texas is also unlikely to accept such a ban. "There's no will in Texas to do that," state Rep. Gary Elkins told the paper.

The Cleveland Plain Dealer, meanwhile, reports that the Ohio Senate is considering legislation that would ban texting and driving.

For PCMag mobile analyst Sascha Segan's take, see The NTSB's Cell Phone Overkill.

Cell Phone and Driving

About Our Expert

Chloe Albanesius

Chloe Albanesius

Executive Editor, News

My Experience

I started out covering tech policy in DC for The National Journal, where my beat included state-level tech news and all the congressional hearings and FCC meetings I could handle. I later covered Wall Street trading tech before switching gears to consumer tech. I now lead PCMag's news coverage.

My Areas of Expertise

Getting my start in DC means I still have a soft spot for tech policy; Congressional hearings can sometimes be as entertaining as a Bravo reality show, for better or worse. But PCMag is all about the technology we use every day, as well as keeping an eye out for the trends that will shape the industry in the years ahead (or flop on arrival). I've covered the rise of social media, the iOS vs. Android wars, the cord-cutting revolution that's now left us with hefty streaming bills, and the effort to stuff artificial intelligence into every product you could imagine. This job has taken me to CES in Vegas (one too many times), IFA in Berlin, and MWC in Barcelona. I also drove a Tesla 1,000 miles out west as part of our Best Mobile Networks project. Of late, my focus is on our hard-working team of reporters at PCMag, guiding and editing their robust coverage.

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