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
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 |
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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 |
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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 |