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Audio & Electronics
Cell Phone Laws by State
Know the Hands-Free Cell Phone Laws for Each State and Certain Cities Before You Hit the Road
By Doug Newcomb Senior Editor, Technology
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Date Posted 08-28-2008
California's hands-free law that went into effect on July 1, 2008 made big news across the country because...well, California is such a big state, with 12 percent of the total population of the U.S. The Golden State also has by far the highest number of licensed drivers — almost twice that of No. 2 Texas. Almost lost in the hubbub that millions of California drivers would now have to talk hands-free was that Washington state also enacted a hands-free phone law on July 1, following a ban on text messaging while driving that began January 1, 2008.
While California's hands-free law got a lot of the press, it's becoming increasingly rare to drive anywhere in the U.S. without some form of this sensible ban. Six states and the District of Columbia have laws against using a handheld phone while driving and texting behind the wheel. In addition, 17 states have laws banning "novice drivers" (usually those under a certain age or with less than a full driver license) from using a phone while behind the wheel.
Several cities, including Chicago and Detroit, have enacted their own laws against using a handheld while driving, and only nine states have "preemption laws" that prohibit local governments from putting such laws on the books. Some of the various hands-free cell phone laws are primary violations, meaning you can be pulled over only for that particular infraction, while others are secondary, meaning you can be ticketed for it only if the police pull you over for another reason.
Because it can be difficult to keep track of the myriad hands-free cell phone laws across the various states and cities, we've compiled the chart below so you can know before you go. Of course, it's best to avoid using a phone at all while driving. But if you do have to talk on the phone while behind the wheel, make sure you know the law; do it only when it's safe and use some type of hands-free device.
| Handheld Ban |
Handheld cell phone usage (talking) banned while driving. |
| Text Messaging Ban |
Text messaging use banned while driving. |
| Novice Drivers — All Usage Ban |
Novice and beginner drivers who are banned from any cell phone use while driving. |
| Enforcement |
Primary means you can be pulled over for a cell phone law violation. Secondary means you must be committing some other moving violation to be pulled over for a cell phone law violation. Each state is different, please reference your local state laws for details. |
| Localities are allowed to ban cell phone use in 6 states (Illinois, Massachusetts, Michigan, New Mexico, Ohio and Pennsylvania). Many cities within these states have enacted laws. Please check with your local state laws for more details. |
| Local jurisdictions are prohibited from banning cell phone use in 8 states by preemption laws (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon and Utah). |
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