Distracted Driving Laws: Enforceable Or Not?

Distracted driving is a dangerous activity that claimed 3,308 lives in 2022. It involves any activity that diverts a driver's attention away from the road, including talking or texting on the phone, eating and drinking, talking to passengers, and adjusting the radio. While distracted driving laws vary across US states, most states have laws banning text messaging while driving and prohibiting the use of electronic devices by teenage or novice drivers. The enforcement of these laws can be challenging, but certain strategies, such as high-visibility enforcement campaigns, education initiatives, and community involvement, can help address this issue and save lives.

Texting while driving

Distracted driving is any activity that diverts attention from driving, including talking or texting on the phone, eating and drinking, talking to people in the vehicle, or fiddling with the stereo, entertainment or navigation system. Texting while driving is the most alarming distraction, as sending or reading a text takes the driver's eyes off the road for 5 seconds. At 55 mph, that's like driving the length of an entire football field with one's eyes closed.

To combat distracted driving, the National Highway Traffic Safety Administration (NHTSA) partners with states and local police to enforce laws and educate the public about the dangers of distracted driving. The Federal Communications Commission (FCC) is also working with industry, safety organizations, and government agencies to address this issue. Additionally, cities have the right to enforce stricter laws, and some have banned all handheld cell phone use while driving.

To promote safe driving, it is important to set personal rules and lead by example. This includes never texting while driving and pulling over to a safe place if you need to text or talk on the phone. It is also crucial to speak up when you see others driving distracted and to educate family and friends about the importance of driving without distractions.

Enforcement demonstration projects

For example, in 2012, the National Highway Traffic Safety Administration (NHTSA) conducted distracted driving demonstration programs in Hartford, Connecticut, and Syracuse, New York. The programs included dedicated enforcement efforts and media campaigns with the message, "Phone in One Hand, Ticket in the Other." Evaluations conducted before and after each wave of the program showed a decrease in observed handheld cellphone use by drivers, as well as a decrease in driver manipulation of cellphones to dial or text. The campaigns also successfully raised awareness, with drivers in both cities reporting that they were aware of the enforcement and messaging campaigns.

NHTSA has also conducted distracted driving high-visibility enforcement demonstration projects in California and Delaware, as well as Connecticut and New York. These projects have shown that handheld cellphone bans can be effectively enforced and can reduce driver use of cellphones.

In California, distracted driving remains a serious safety challenge, even 10 years after the state's "hands-free" law was enacted. The Long Beach Police Department and the California Office of Traffic Safety (OTS) have joined forces to step up enforcement and awareness efforts to discourage distracted driving. The OTS has conducted an annual observational study of handheld cellphone use since 2011, and while the study has shown a decrease in handheld cellphone use over the years, more work needs to be done to target those who are still breaking the law.

High-visibility enforcement campaigns

High-visibility enforcement (HVE) campaigns are a critical component of deterring distracted driving. HVE combines highly visible and proactive law enforcement with a specific focus on addressing distracted driving. This includes dedicated enforcement efforts, such as special roving patrols, spotter techniques, and enhanced patrols using visibility elements like electronic message boards and road signs.

The National Highway Traffic Safety Administration (NHTSA) has conducted successful HVE demonstration projects in Hartford, Connecticut, and Syracuse, New York. These programs aimed to reduce handheld cell phone use and texting while driving, with the tagline "Phone in one hand. Ticket in the other." The results showed a significant decrease in observed cell phone use by drivers, with handheld cell phone use dropping by 57% in Hartford and 32% in Syracuse.

HVE campaigns are most effective when combined with a comprehensive publicity strategy and community partnership. This includes utilizing paid and earned media, such as TV, radio, online advertisements, and press events, to increase public awareness and support for the enforcement activity. Involving the community in HVE initiatives helps build public trust, improve program effectiveness, and increase the likelihood of lasting safety outcomes.

To further enhance the impact of HVE campaigns, law enforcement agencies can partner with event organizers to hold media events at large community gatherings, such as St. Patrick's Day celebrations or car races, to spread messages about traffic safety and distracted driving. By combining enforcement and visibility with a coordinated communication strategy, HVE campaigns can effectively deter distracted driving behaviors and promote voluntary compliance with traffic laws.

Distracted driving laws in different states

Distracted driving is a dangerous activity that claimed the lives of 3,308 people in 2022. Distracted driving includes a range of activities that divert attention from driving, such as talking or texting on the phone, eating and drinking, talking to people in the vehicle, adjusting the stereo, and more.

In the United States, each state has its own set of distracted driving laws, which are subject to change. These laws prohibit activities such as handheld cell phone use, texting, and internet use while driving. For example, in states like Utah, careless driving is defined as committing a moving violation while distracted by a handheld cell phone or other non-driving activities.

Some states with stricter hands-free laws, such as Ohio, Alabama, Michigan, and Missouri, have seen a decrease in distracted driving. These states have implemented laws prohibiting all cell phone use while driving, including handheld and hands-free devices for drivers of a certain age or with a learner's permit. For instance, Coconino County has prohibited all cell phone use while driving, and there is a handheld and hands-free device ban for drivers under the age of 18.

Additionally, certain cities and local governments have enacted stricter rules. For example, drivers in Cheyenne, Powell, and Green River are banned from using handheld cell phones, and texting while driving is prohibited in cities like Amarillo, Austin, and El Paso.

To ensure compliance with distracted driving laws, it is recommended to check the most current version of your state's driver's handbook. States like Washington, which was the first to pass a texting ban in 2007, have made significant strides in addressing this issue. As of now, 48 states, along with Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands, have banned text messaging for all drivers.

The role of law enforcement

Law enforcement officers are tasked with issuing citations or tickets to drivers who are caught violating distracted driving laws. In some states, primary enforcement laws are in place, which means that an officer can cite a driver for using a handheld cell phone or texting without any other traffic offence taking place. In other states with secondary enforcement laws, an officer can only issue a ticket if the driver has been pulled over for another violation, such as speeding.

To effectively enforce distracted driving laws, law enforcement agencies often collaborate with state and local authorities. For example, the National Highway Traffic Safety Administration (NHTSA) works closely with states and local police to address distracted driving through federal investments in locally driven strategies. They also conduct demonstration programs, such as the one in Hartford, Connecticut, and Syracuse, New York, which tested the effectiveness of high-visibility enforcement (HVE) in reducing the use of handheld cell phones while driving. These efforts are often accompanied by media and awareness campaigns to educate drivers about the dangers of distracted driving and the importance of following the laws.

In addition to enforcing distracted driving laws, law enforcement agencies also play a role in collecting data and conducting surveys to gauge the effectiveness of their enforcement efforts. This includes observing cell phone use by drivers and conducting surveys to measure awareness and self-reported cell phone use. The data collected helps law enforcement agencies evaluate the impact of their enforcement campaigns and make informed decisions about future initiatives.

Law enforcement's role in addressing distracted driving also extends to supporting local laws and speaking out at community meetings. They can also partner with educators and employers to spread awareness and encourage commitment to distraction-free driving. By taking a proactive approach and working collaboratively with communities, law enforcement can play a vital role in preventing distracted driving and improving road safety.

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