Texting while driving legislation

Texting while driving regroups the actions of reading, composing, or sending email and text messages from a mobile device while operating a motor vehicle.  It causes diversion of attention and lowers a driver’s ability to focus on the road. 

Texting while driving increases the risks of crashes or near-crashes and reduces one’s awareness and performance.  According to the Virginia Tech Transportation Institute, the practice raises crash risk by 23 times for truck drivers.  In another study from the University of Utah, it was determined that texting behind the wheels increases by 6 the risk of accidents.

The subject has become a hot issue in recent years due to a number of events that attracted the media.  In 2008, 25 train passengers were killed when a commuter train and a freight train collided.  It was later reported that the commuter train driver was exchanging text messages minutes before the crash.  In another incident, a Boston trolley car driver who was texting his girlfriend injured 49 passengers by crashing into another trolley car.  More recently, in 2010, Oprah Winfrey launched a “No Phone Zone” campaign to encourage her viewers to shut down their cell phone while driving

Laws

United States

A few actions have been made by the federal administration to tackle on the subject of texting while driving.

In September 2009, the Department of Transportation held a Distracted Driving Summit, where a number of safety experts, industry representatives, elected officials, and members of the public discussed on ways to put an end to distracted driving.

At the end of 2009, President Obama banned federal employees from text messaging when they are behind the wheel of government vehicles and from texting in their own cars if they use government-issued phones or are on official business.

More recently, in January 2010, U.S Transportation Secretary Ray LaHood announced a federal guidance to prohibit commercial vehicle drivers, such as trucks and buses, from exchanging text messages while driving. Those caught texting while driving may be subject to civil or criminal penalties of up to $2,750.

Otherwise, each state has the power to legislate on texting while driving.

State Situation/Restriction Penalty Other details
Alabama No laws currently prohibit all drivers from texting while driving in Alabama   The cities of Jacksonville and Roanoke have a texting while driving ban
Alaska Effective September 1, 2008, driving a motor vehicle with a television, monitor, or similar device is illegal.  While it doesn’t officially mention cell phones or texting, it is considered as a texting ban Texting while driving is a misdemeanor punishable by a fine of up to $5,000 and one year in jail Primary offense
Arizona No laws currently prohibit all drivers from texting while driving in Arizona   The city of Phoenix has banned texting while driving
Arkansas Dubbed “Paul’s Law", the ban prohibits all drivers from text messaging since October 1, 2009 Fines vary from $50 to $100 Drivers under 18 are prohibited from using wireless phones while driving — with or without hands-free accessories
Primary offense
California Since January 1, 2009, the states bans all drivers from using wireless devices to write, send, or read a text-based communication Vary from $20 to $50 plus court costs and penalties Drivers under 18 are prohibited from using wireless phones while driving — with or without hands-free accessories
Primary offense
Colorado On October 1, 2009, text messaging was prohibited for all drivers Fines from $50 to $100 Drivers under 18 or with instruction permits, regardless of age, are prohibited from using wireless phones while driving — with or without hands-free accessories
Primary offense
Connecticut Effective October 1, 2010, typing, sending or reading a text message with a hand-held mobile telephone or a mobile electronic device in a moving vehicle will be illegal $100 fine for a first violation, $150 for a second violation, and $200 for subsequent violations Drivers under 18 are prohibited from using wireless phones while driving — with or without hands-free accessories

The previous distracted driving law limited the fine to $100, with possible forgiveness for first-time offenders

Primary offense
Delaware Effective January 3, 2010, text messaging will be prohibited for all drivers $50 fine for a first offense
Between $100 and $200 for subsequent offenses
Drivers with a learner’s permit are prohibited from using wireless phones while driving — with or without hands-free accessories
D.C. Since July 1, 2004, drivers can only use a cell phone or other electronic devices with a hands-free accessory $100 fine. Bus drivers and holders of learner's permits are prohibited from using wireless phones while driving — with or without hands-free accessories

Primary offense
Florida No laws currently prohibit texting while driving in Florida    
Georgia Effective July 1 2010, texting and driving was banned for drivers of all ages $150 fine, plus one point to a driver's license  
Hawaii No laws currently prohibit all drivers from texting while driving in Hawaii   Texting while driving will be illegal on Kauai as of May 23, 2010
Idaho No laws currently prohibit texting while driving in Idaho    
Illinois Since January 1, 2010, all drivers are prohibited from text messaging, emailing or browsing the Internet $75 fine. Three or more violations in a year could lead to a license suspension Drivers under the age of 19 are prohibited from using wireless phones while driving — with or without hands-free devices

Primary offense
Indiana No laws currently prohibit all drivers from texting while driving in Indiana   Drivers under the age of 18 may not use cell phones and other text messaging devices
Iowa Since July 1, 2010, it is prohibited for drivers to exchange text messages $30 fine with fines up to $1,000 for causing a serious accident while texting Secondary offense for adults, but primary offense for drivers under 18. Only warnings to be issued in the first year
Kansas Effective January 1, 2011, all drivers will be banned from texting while driving A $60 fine Only warnings will be issued until 2011.
Drivers with restricted licenses are already banned from using cell phones while driving
Kentucky Effective January 1, 2011, all drivers will be banned from texting while driving A $25 fine for a first offense, $50 for any additional offense, plus court costs Once the law is effective, drivers under the age of 18 will be prohibited from using cell phones while driving.  Only warnings will be issued until 2011.

Primary offense
Louisiana Effective July 1, 2008, all drivers are banned from text messaging A fine between $175 and $500 that can double if involved in a traffic accident Drivers under the age of 18 are prohibited from using wireless phones while driving — with or without hands-free devices

Secondary offense
Maine No laws currently prohibit all drivers from texting while driving in Maine   Drivers under the age of 18, or with learner’s permits or intermediate licenses prohibited from using cell phones while driving.
Maryland On October 1, 2009, sending text messages was banned. At the moment, reading text messages is still permitted. Fines up to $500. Drivers under the age of 18 and drivers with learner’s permits or intermediate licenses are prohibited from using cell phones.

Primary offense
Massachusetts Effective October 1, 2010, all drivers will be banned from exchanging text messages   Drivers under the age of 18 are prohibited from using wireless phones and electronic devices while driving — with or without hands-free devices
Michigan Effective July 1, 2010, all drivers are prohibited from texting while driving $100 for a first offense
$200 for subsequent offenses
The city of Detroit had already banned the use of hand-held cell phone. 

Primary offense
Minnesota Texting while driving was banned on August 1, 2008 Fines up to $300 Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones while driving.

Primary offense
Mississippi No laws currently prohibit all drivers from texting while driving in Mississippi   Drivers with an intermediate license, a temporary learning permit or a temporary driving permit are banned from text messaging while driving since July 2009
Missouri No laws currently prohibit all drivers from texting while driving in Missouri   Drivers under the age of 21 are banned from text messaging.
The following cities have banned texting while driving: Galveston, West University, Conroe, Bellaire and Missouri City
Montana No laws currently prohibit texting while driving in Montana    
Nebraska Starting July 1, 2010, all drivers will be prohibited from texting while driving $200 on first offense; $300 on second offense; $500 plus three demerit points for subsequent violations Drivers under the age of 18 with learner’s permits or intermediate licenses are already prohibited from using cell phones

Secondary offense
Nevada No laws currently prohibit texting while driving in Nevada    
New Hampshire Text messaging and any other use of two hands for typing on an electronic device was banned on January 1, 2010 $100 fine. Primary offense
New Jersey In March 2008, drivers were banned from text messaging $100 fine Drivers under the age of 21 with learner’s permits or probationary licenses are prohibited from using cell phones

Primary offense
New Mexico No laws currently prohibit all drivers from texting while driving in New Mexico   The cities of Albuquerque, Gallup, Taos, Santa Fe, Las Cruces and Espanola have banned cell phones while driving
New York On November 1, 2009, the state officially banned all drivers from using portable electronic devices, such as cell phones, to send text messages or e-mails while driving Fine up to $150 Secondary offense
North Carolina Since December 1, 2009, text messaging is prohibited for all drivers Violators could face a $100 fine plus court costs Drivers under the age of 18 are prohibited from using cell phones while driving — with or without hands-free devices

Primary offense
North Dakota No laws currently prohibit texting while driving in North Dakota    
Ohio No laws currently prohibit all drivers from texting while driving in Ohio   The cities of Cleveland, Columbus and Toledo have banned texting while driving
Oklahoma No laws currently prohibit all drivers from texting while driving in Oklahoma    
Oregon Text messaging was banned for all drivers on January 1, 2009 $142 fine Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones while driving — with or without hands-free devices

Primary offense
Pennsylvania No laws currently prohibit all drivers from texting while driving in Pennsylvania   The cities of Philadelphia and Harrisburg have banned texting while driving
Rhode Island On November 9, 2009, the state banned reading, writing, and sending text messages while driving $85 for the first offense, 100$ for a second offense and $125 for a third offense. Drivers under the age of 18 are prohibited from using cell phones while driving — with or without hands-free devices

Primary offense
South Carolina No laws currently prohibit texting while driving in South Carolina    
South Dakota No laws currently prohibit texting while driving in South Dakota    
Tennessee Texting while driving became illegal for this state on July 1, 2009 A fine not to exceed $50 with court costs not to exceed $10 Drivers with learner’s permits or intermediate licenses are prohibited from using cell phones while driving

Primary offense
Texas No laws currently prohibit texting while driving in Texas   Text messaging is illegal only for drivers under the age of 17, or with a learner’s permit
Utah Texting while is driving is classified as “careless driving” since July 1, 2009   Primary offense
Vermont No laws currently prohibit texting while driving in Vermont    
Virginia Text messaging was banned for all drivers on July 1, 2009 $20 fine for the first offense, and $50 for subsequent offenses Drivers under the age of 18 are prohibited from using cell phones or text messaging.

Text messaging is a secondary offense
Washington Texting while driving became a primary enforcement offense starting on June 10, 2010 $124 fine The initial texting ban took effect on January 1, 2008, but was only a secondary enforcement law
West Virginia No laws currently prohibit all drivers from texting while driving in West Virginia   Drivers with learner’s permits or intermediate licenses are banned from using cell phones while driving
Wisconsin Effective December 1, 2010, it will be illegal for all drivers to write or send text messages while driving Violators will face fines between $20 to $400. Primary offense
Wyoming Since July 1, 2010, Wyoming has banned text messaging while driving $75 fine Primary offense

In Canada

There are no federal laws regarding texting while driving.  Each province and territory has the power to legislate on the issue.

Province Situation Penalty Additional notes
British Columbia Changes made to the Motor Vehicle Act effective Jan 1, 2010 prohibit drivers from sending or reading emails and/or texting.   Hands-free device allowed $167 fine and three penalty points Drivers with a learner or novice license are not permitted to use hands-free phones
Alberta No laws currently prohibit texting while driving in Alberta   A distracted driving bill will be debated in the fall of 2010
Saskatchewan Saskatchewan banned the use of hand-held cell phones to talk, text, email or surf the Internet while driving, on January 1, 2010 $280 fine, which includes a victims' surcharge of $60, and four demerit points Drivers with a learner or novice license are not permitted to use hands-free phones
Manitoba On July 15, 2010, it became illegal to exchange text messages while driving in Manitoba   The Highway Traffic Amendment Act made texting while driving and smoking in a car with kids illegal in 2009, but the changes weren't enforced until July 2010
Ontario Effective October 26, 2009, the distracted driving law law makes it illegal for drivers to talk, text, type, dial or email using hand-held cell phones and other hand-held communications and entertainment devices Drivers caught using a hand-held device will be issued a $155 ticket. Drivers who challenge the ticket in court face fines of up to $500  
Quebec Since April 1, 2008, the province bans the use of any type of hand-held device with a telephone function has been prohibited while driving A $115 to $154 fine and 3 demerit points  
New Brunswick No laws currently prohibit texting while driving in New Brunswick   Since April 1, 2010, the city of Moncton bans all employees from using cell phones while driving
Nova Scotia On April 1, 2008, the province banned all hand-held cellphone use and texing while driving A $50 to $200 fine.  
P.-E.-I. As of January 23, 2010, it is illegal to exchange text messages while driving Fines from $250 to $400 and 3 demerit points Drivers under the Graduated Driver Licensing Program are prohibited from all cell phone activity - with or without hands-free accessories
Newfoundland and Labrador Since 2003, it is illegal to use a hand-held cellular phone while driving Fines from $45 to$180, and four demerit points  
Northwest Territories No laws currently prohibit texting while driving in the Northwest Territories    
Nunavut No laws currently prohibit texting while driving in Nunavut Brunswick    
Yukon No laws currently prohibit texting while driving in Yukon   Lawmakers voted on a motion to modify the Motor Vehicles Act to prohibit cell phone use while driving in the fall of 2009, but no bill has been proposed yet