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4/21/2008 - Institute of Highway Safety
CELLPHONE LAWS

A jurisdiction-wide ban on driving while talking on a hand-held cellular phone is in place in 6 states (California, Connecticut, New Jersey, New York, Utah, and Washington) and the District of Columbia. Utah has named the offense careless driving. Under the Utah law, no one commits an offense when speaking on a cellphone unless they are also committing some other moving violation other than speeding.

Localities are allowed to ban cellphone use in 6 states (Illinois, Massachusetts, Michigan, New Mexico, Ohio, and Pennsylvania). Localities that have enacted restrictions on cellphone use include: Chicago, IL; Brookline, MA; Detroit, MI; Santa Fe, NM; Brooklyn, North Olmstead and Walton Hills, OH; and Conshohocken, Lebanon and West Conshohocken, PA.

Localities are prohibited from banning cellphone use in 8 states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Oklahoma, Oregon, and Utah).

The use of all cellular phones while driving a school bus is prohibited in 15 states and the District of Columbia.

The use of cellular phones by teens in the graduated licensing system is restricted in 17 states and the District of Columbia.

The table at http://www.iihs.org/laws/CellPhoneLaws.aspx shows the states that have cell phone laws and whether they are enforced as primary or secondary laws. Under secondary laws, an officer must have some other reason to stop a vehicle before citing a driver for using a cellphone. Laws without this restriction are called primary. California and Utah have unusual provisions noted in the Institute of Highway Safety's website: http://www.iihs.org/laws/CellPhoneLaws.aspx

If you have any questions or comments regarding this article please contact June Neumann at jneumann@innovativedrivers.com