What is the law concerning cell phone use for drivers under the age of 18 in Tennessee explain?

Local law enforcement officials hope a new state law will protect children as they enter and leave the school building.

Table of Contents Show

Regulatory laws
Laws by state
Preemption laws
Cost of distracted driving
Further reading

Starting Jan. 1, it became illegal to drive in an active school zone while talking on a hand-held cell phone in Tennessee. Drivers over age 18 can legally use a hands-free device, but those under cannot.

An active school zone is defined by the law as having warning lights flashing on the "school zone" speed signs.

Peggy Melbo picks her grandson up every day at Belle Morris Elementary in Knoxville. She said she worries about other drivers.

“Going too fast, not paying attention, driving too close,” she said.

She hopes the new law will force drivers to be more attentive.

“I think that's great,” she said. “Because you're not really paying attention to what you're doing because you're talking on the phone.”

Sgt. Timothy Belcher oversees the Knox County Sheriff's Office's traffic unit. He said distracted driving is a constant issue.

“We forget sometimes that driving is the primary task, not the secondary task,” he said.

The law notes several exemptions for law enforcement and emergency responders, as well as those contacting them.

Being caught making a hand-held phone call carries a $50 fine.

Belcher added he believes enforcement will be focused more on drivers on the main road, not parents idling in line waiting for their children.

Still, he encourages all drivers to focus on the road, regardless of speed.

“Ideally, what we want is for people to realize a phone call can wait, a text can wait,” he said. “Because the few second you take your eyes off the road, that's when tragedy comes.”

It's a sentiment parents can agree with — when distracted driving and children crossing the road meet, the consequences can be high.

“A child's life,” said Melbo. “A child's life can never be replaced.”

A citation for using a hand-held phone call alone constitutes a non-moving traffic violation, according to the Tennessee Code, and no points will be added to the driver's record.

U.S. laws regulating use of electronic mobile devices by motorists

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Restrictions on cell phone use while driving by state

Hands-free cell phone use only

Texting while driving prohibited for all drivers

Texting while driving prohibited only for drivers under 21

No restrictions on cell phone use while driving

Various laws in the United States regulate the use of mobile phones and other electronics by motorists. Different states take different approaches. Some laws affect only novice drivers or commercial drivers, while some laws affect all drivers. Some laws target handheld devices only, while other laws affect both handheld and handsfree devices.

Regulatory laws

The laws regulating driving (or distracted driving) may be subject to primary enforcement or secondary enforcement by state, county or local authorities.[1] All State-level cell phone use laws in the United States are of the primary enforcement type—meaning an officer may cite a driver for using a hand-held cell phone without any other traffic offense having taken place—except in some cases involving newer (or "novice"), drivers.[2] In the case of secondary enforcement, a police officer may only stop or cite a driver for a cell phone use violation if the driver has committed another primary violation (such as speeding, failure to stop, etc.) at the same time.

A federal transportation funding law passed in July 2012, known as the Moving Ahead for Progress in the 21st Century Act (MAP-21), provided $17.5 million in grants during fiscal year 2013 for states with primary enforcement laws against distracted driving, including laws prohibiting cell phone use while driving. States with secondary enforcement laws or no laws at all are ineligible to receive this grant funding.[3][4]

Laws by state

No state bans all cell phone use for all drivers. However, Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Tennessee, Vermont, Virginia,[5] Washington, West Virginia (plus Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands) prohibit all drivers from using hand-held cell phones while driving. Thirty-six states and Washington, D.C. ban all cell phone use by newer drivers, while 19 states and Washington, D.C., prohibit any cell phone use by school bus drivers if children are present.[2]

Cell Phone Restrictions While Driving in the US and Territories[6]

State	Total handheld device ban applied to:	Any cell phone use by driver prohibited if:	Bus driver use restriction(s)	Texting & Internet Access	Comment
Alabama	16 and under, and 17 w/ temporary license or if licensed under six months (primary violation)			texting prohibited (primary)[7]
Alaska			totally prohibited		No restrictions on cell phone use
Arizona	All (primary violation)[8]		texting prohibited[7]		Arizona teen drivers who hold a Class G license are prohibited from using wireless communication devices, including mobile phones, while operating a vehicle during the permit and first six months of Class G phases. During an emergency in which stopping the vehicle is impossible or will create an additional emergency or safety hazard, use of a wireless communication device may be acceptable for a teen driver.[9]
Arkansas	18–20 years old (primary violation)	under 18 (secondary violation)	totally prohibited	texting prohibited (primary)[7]	Any cell phone use prohibited in school or construction zones (secondary violation).
California	All (primary violation)[10]	under 18 (secondary violation)	totally prohibited (primary)	texting prohibited[7]
Colorado		on learner's permit or under 18 (primary violation)[10]		totally prohibited (primary)[7]
Connecticut	All (primary violation)	under 18 (primary violation)	totally prohibited
Delaware	All (primary violation)	on learner or intermediate license (primary violation)[10]	totally prohibited
Florida[11]	School zones and active construction zones(primary)			Allowed only while stopped at a red light. Otherwise prohibited. (Primary)	Hands free earpieces can only be used in one ear.
Georgia	All Drivers (primary violation)	Under 18 (primary violation)	Driver totally prohibited unless used for routing communication	Driver totally prohibited, includes video	Driver Allowed to use hands free devices (specific ones) and voice to text with hands free devices and allowed to use permanent mounted GPS, Drivers are allowed to make emergency calls and report hazardous road conditions. Commercial Vehicle Drivers have limited use directly related to their work (GPS or Routing Communication) effective date 1 July 2018.
Guam	All (primary violation)
Hawaii	All (primary violation)[12]	under 18 (primary violation)	totally prohibited		Statewide law entered into force July 2013; all counties had existing bans on cell phone use. Drivers 18 and older may use hands-free devices.[12]
Idaho	All (primary violation)[13]
Illinois	All (primary violation)	any driver under 19 (primary violation)	totally prohibited		Any cell phone use prohibited in school or construction zones or within 500 feet of an emergency scene (primary violation).[14]
Indiana	All (primary violation)				A driver may not hold or handle their cell phone at any time while driving. Handsfree calls are permitted. Phone or other device may be used for navigation. However, handling phone to initiate call or navigation must be done before entering roadway. No touching/handling cell phone while driving/on-roadway is permitted, including while stopped at traffic signals.
Iowa		on restricted or intermediate license (primary violation)		totally prohibited (primary)	July 1, 2017 updated the texting law to be enforced as a primary reason an officer can stop a driver. "Texting" is defined as: texting, internet browsing, playing games, and reading social media applications.[15][16] If proven a driver was "texting" during a traffic fatality, it is deemed a Class C felony, and the driver can be put into prison for up to 10 years.[17][16]
Kansas		on learner or intermediate license (primary violation)
Kentucky		under 18 (primary violation)	totally prohibited
Louisiana	prohibited in school zones[18]	on learner or intermediate license (primary violation)[19][20]		totally prohibited[21]	Effective since June 13, 2016.
Maine	all (primary violation)[10]
Maryland	all (primary violation)[22]	under 18 w/ restricted learner or intermediate license[10]
Massachusetts	all (primary violation) as of February 2020			totally prohibited	Until February 2020, handheld cell phone use was allowed as long as one hand was on the wheel at all times.[10] Since February 2020, law allows one tap to activate voice communication, and use of navigational touch screens are allowed if mounted on windshield or dashboard.[23]
Michigan	all (primary violation) as of January 2022			totally prohibited[24]
Minnesota	all (primary violation) as of 08/01/2019	under 18 w/ learner or provisional license (primary violation)[10]	totally prohibited
Mississippi			totally prohibited
Missouri
Montana
Nebraska		under 18 w/ learner or intermediate license (secondary violation)
Nevada	all (primary violation)[25]
New Hampshire	all (primary violation)		totally prohibited		Penalty Schedule: 1st Offense - $100 Fine 2nd Offense - $250 Fine. 3rd Offense - $500 Fine, and a 2-year suspension of drivers license.
New Jersey	all (primary violation)[26]	on permit or provisional license (primary violation).[10]	totally prohibited		see Kyleigh's Law
New Mexico	Local Option by Jurisdiction[10]	on learner or provisional license (primary violation)
New York	all (primary violation)[27]
North Carolina		under 18 (primary violation)	totally prohibited		texting prohibited (Primary) Internet access okay
North Dakota		under 18 (primary violation)
Ohio		under 18 (primary violation)[28]
Oklahoma	learner or intermediate license holder (primary violation)		totally prohibited	Texting/E-mail prohibited (primary)[29]	See "Trooper Nicholas Dees and Trooper Keith Burch Act of 2015" (HB 1965)
Oregon	all (primary violation)	under 18 (primary violation)[10]
Pennsylvania					$50 fine for texting while driving, but carries no points as a penalty and will not be recorded on the driver record for non-commercial drivers. However, it will be recorded on commercial drivers’ records as a non-sanction violation. The ban does not include the use of a GPS system, or any device that is physically integrated to a vehicle. Effective since March 8, 2012.
Puerto Rico	all (primary violation)
Rhode Island	all (primary violation) 06/01/2018	under 18 (primary violation)[10]	totally prohibited
South Carolina			Totally prohibited, but officers must ascertain that a driver is texting rather than using the phone for another purpose.[30]		Authorities can impose fines and track "distractions" on accident reports under Contributing Factors.
South Dakota		on learner or intermediate license (secondary violation)
Tennessee	All (primary violation)	on learner or intermediate license (primary violation)[10]	totally prohibited	texting prohibited [31]
Texas	Driving through school zones [32]	under 18 (primary violation)	totally prohibited	texting prohibited [33]
Utah		under 18 (primary violation)			Regulated under distracted driving laws.[10]
Vermont	all (primary violation)	under 18 (primary violation)[34]		totally prohibited (primary)[35]	GPS use of cell phone is allowed if the cell phone is securely mounted and not in the driver's hand[36] First offense shall be subject to a fine of $100 - $200[36] Second and subsequent offenses shall be subject to a fine of $250 - $500 if within a 2-year period[36]
Virgin Islands	all (primary violation)
Virginia	under 18 (primary violation)[10] all (effective January 1, 2021)[37]	under 18 (secondary violation)[10] all (effective January 1, 2020)[37]	totally prohibited	totally prohibited	Use of phone to talk is allowed, but text or email by the driver while vehicle is operational on state roads is prohibited. An exception exists for using GPS, dialing a number to make a call, or reporting an emergency. As of January 1, 2021, all handheld use of a phone will be prohibited. Exceptions allowed for when lawfully parked or stopped, emergency vehicles, reporting an emergency, using the radio, and traffic incident management workers.[37]
Washington	all (primary violation)[10]	on learner or intermediate license (primary violation)		Texting prohibited
Washington, D.C.	all (primary violation)	on learner permit (primary violation)[10]	totally prohibited	totally prohibited
West Virginia	all (primary violation)	under 18 w/ learner or intermediate license (primary violation)
Wisconsin	Driving through construction zones	on learner or intermediate license (primary violation)	Texting prohibited[38]
Wyoming		on learner or intermediate license (primary violation)[10]

Preemption laws

Cell phone use is regulated by local ordinance during certain hours in Southside Place, Texas, in Greater Houston.

Often, local authorities pass their own distracted driving bans—most include the use of cell phones while driving. Several states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Pennsylvania, and Oklahoma) have prohibited localities from enacting their own laws regarding cell phone use.[2]

Cost of distracted driving

A 2014 report from the National Safety Council, which compiles data on injuries and fatalities from 2013 and earlier, concluded that use of mobile phones caused 26% of U.S. car accidents.[39] Just 5% of mobile phone-related accidents in the U.S. involved texting:[40] "The majority of the accidents involve drivers distracted while talking on handheld or hands-free cellphones."[39]

The U.S. Department of Transportation has established an official website to combat distracted driving, Distraction.gov.[41]

In 2010, the State Farm insurance company stated that mobile phone use annually resulted in: 636,000 crashes, 330,000 personal injuries, 12,000 major injuries, 2,700 deaths, and $43 billion in damages.[42]

In 2018, the National Highway Traffic Safety Administration released the following data - 2,841 lives lost due to distracted driving. Among those killed: 1,730 drivers, 605 passengers, 400 pedestrians and 77 bicyclists. The report clearly states, texting is the "most alarming distraction".[43]

References

^ State Laws; "Government: Get the Facts;" retrieved April 2013
^ a b c Cellphone Laws; GHSA on line; retrieved April 30, 2013
^ National Highway Traffic Safety Administration (NHTSA) (August 22, 2012), U.S. Department of Transportation Announces New Federal Grant Program to Help States Fight Distracted Driving, retrieved August 30, 2013
^ American Association of State Highway and Transportation Officials (AASHTO) (August 24, 2012), "States Vie for New Federal Funding to Help End Distracted Driving", AASHTO Journal, retrieved August 30, 2013
^ "§ 46.2-1078.1. (Repealed effective January 1, 2021) Use of handheld personal communications devices in certain motor vehicles; exceptions; penalty". law.lis.virginia.gov. Retrieved 2020-08-06.
^ Cell Phone Driving Bans...; PC World; retrieved May 01, 2013
^ a b c d e Cellular Phone Use and Texting While Driving Laws; NCSL online; accessed October 4, 2016
^ "Distracted Driving". Governors Highway Safety Association. Retrieved 4 Feb 2021.{{cite web}}: CS1 maint: url-status (link)
^ "AZ Teen Driving Law". AZ Defenders. 2019-08-08. Retrieved 2022-05-09.
^ a b c d e f g h i j k l m n o p q r Let's Talk (May 1, 2013). "Cell Phone Driving Laws by State". Archived from the original on December 26, 2012.
^ "New Texting Laws Protect Florida Drivers". Florida Farm Bureau Insurance. 2019-08-01. Retrieved 2020-01-03.
^ a b Busek, Amy (May 21, 2013), "Law bans driver's use of cellphone", Honolulu Star-Advertiser, retrieved July 22, 2013 (subscription required)
^ "Section 49-1401A – Idaho State Legislature". Retrieved 2022-02-21.
^ Cell Phone Laws; Insurance institute for Highway Safety; retrieved April 2013
^ https://www.legis.iowa.gov/docs/publications/LGE/87/SF234.pdf[bare URL PDF]
^ a b "It's official: Texting While Driving in Iowa Can Get You Pulled Over—and Even Land You in Prison". Des Moines Register. Retrieved 2017-06-25.
^ Iowa Legislation;
^ "Louisiana State Legislature". legis.la.gov. Retrieved 2020-05-27.
^ "Louisiana State Legislature". legis.la.gov. Retrieved 2020-05-27.
^ "Louisiana State Legislature". legis.la.gov. Retrieved 2020-05-27.
^ "Louisiana State Legislature". legis.la.gov. Retrieved 2020-05-27.
^ New Bill Makes Talking on Handheld Cell Phone While Driving Primary Offense; March 03, 2013 article; CBS Baltimore; retrieved May 01, 2013
^ "Gov. Charlie Baker Signs Distracted Driving Bill"
^ "Distracted Driving". Michigan State Police.
^ Handheld Cell Phone Ban Archived 2013-05-13 at the Wayback Machine; Nevada DOT online; retrieved May 01, 2013
^ [The New Jersey Driver Manual]
^ Cell Phone; NYS: Department of Motor Vehicles on line; retrieved April 2013
^ Ticketing begins on state law prohibiting cellphone use by young drivers: Road Rant; February 28, 2013 article; by John Horton; at The Plain Dealer; retrieved April 2013
^ Texting While Driving Ban; Oklahoma Department of Transportation online; retrieved January 01, 2021
^ "In South Carolina, texting & driving ticketing begins".
^ "2010 Tennessee Code :: Title 55 - Motor and Other Vehicles :: Chapter 8 - Operation of VehiclesRules of the Road :: :: 55-8-199 - Use of hand-held mobile telephone or personal digital assistant prohibited while driving".
^ Can You Get in Trouble for Using Your Cell Phone While Driving in Texas?; Attorney Brian White's Personal Injury Blog accessed August 2020
^ [1] What you need to know about Texas' texting and driving ban; Dallas News accessed September 2017
^ Morning Commuters Mostly Stow Cellphones; Burlington Freepress on line; accessed October 2016
^ Distracted Driving; Vermont Department of Motor Vehicles; accessed July 2019
^ a b c The Vermont Statutes Online
^ a b c "Virginia HB874 | 2020 | Regular Session". LegiScan. Retrieved 2020-03-25.
^ "Wisconsin Department of Transportation" (PDF).
^ a b Gabrielle Kratsas, Cellphone use causes over 1 in 4 car accidents, USA Today (March 28, 2014).
^ "New Florida Law Prohibiting Texting And Driving Officially In Effect". Stuart Magazine. Retrieved 2019-11-18.
^ Distraction.gov, U.S. Department of Transportation.
^ Cell Phone Use While Driving; State Farm – Learning Center; retrieved May 01, 2013
^ "Distracted Driving". NHTSA. 2016-09-08. Retrieved 2020-08-06.

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==Regulatory laws== The laws regulating driving (or ''[[distracted driving]]'') may be subject to primary enforcement or secondary enforcement by state, county or local authorities.<ref>[http://www.distraction.gov/content/get-the-facts/state-laws.html ''State Laws'']; "Government: Get the Facts;" retrieved April 2013</ref> All State-level cell phone use laws in the United States are of the ''primary enforcement'' type—meaning an officer may cite a driver for using a hand-held cell phone without any other traffic offense having taken place—except in some cases involving newer (or "novice"), drivers.<ref name= "Governors">[http://www.ghsa.org/html/stateinfo/laws/cellphone_laws.html ''Cellphone Laws'']; GHSA on line; retrieved April 30, 2013</ref> In the case of ''secondary enforcement'', a police officer may only stop or cite a driver for a cell phone use violation if the driver has committed another primary violation (such as speeding, failure to stop, etc.) at the same time. A federal transportation funding law passed in July 2012, known as the [[Moving Ahead for Progress in the 21st Century Act]] (MAP-21), provided $17.5 million in grants during fiscal year 2013 for states with primary enforcement laws against distracted driving, including laws prohibiting cell phone use while driving. States with secondary enforcement laws or no laws at all are ineligible to receive this grant funding.<ref>{{citation |author= National Highway Traffic Safety Administration (NHTSA) |title=U.S. Department of Transportation Announces New Federal Grant Program to Help States Fight Distracted Driving |date= August 22, 2012 |url= http://www.nhtsa.gov/About+NHTSA/Press+Releases/U.S.+Department+of+Transportation+Announces+New+Federal+Grant+Program+to+Help+States+Fight+Distracted+Driving |access-date=August 30, 2013}}</ref><ref>{{citation |author= American Association of State Highway and Transportation Officials (AASHTO) |title= States Vie for New Federal Funding to Help End Distracted Driving |date=August 24, 2012 |work= AASHTO Journal |url= http://www.aashtojournal.org/Pages/082412distracted.aspx |access-date= August 30, 2013}}</ref>

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