Kara Sears
Using a mobile phone while driving is dangerous and illegal in many places. In the United States, various laws regulate the use of mobile phones and other electronic devices by motorists, with some states prohibiting all drivers from using hand-held cell phones, and others banning all cell phone use by newer drivers. In the UK, it is illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data while driving, with offenders facing a £200 fine and 6 penalty points. Australia and Germany have similar laws prohibiting the use of mobile phones while driving. Texting while driving is a specific concern, with data showing that it was responsible for 5% of mobile phone-related accidents in the US in 2013 and was identified as the most alarming distraction by the National Highway Traffic Safety Administration in 2018. To address this issue, states like Washington and Pennsylvania have introduced laws banning drivers from holding cell phones, with penalties ranging from fines to licence suspension.
| Characteristics | Values |
|---|---|
| Location | Pennsylvania, United States |
| Applicable to | Cars, motorcycles |
| Devices covered | Phone, sat nav, tablet, or any device that can send or receive data |
| Activities covered | Texting, calling, taking photos or videos, browsing the web, making contactless payments |
| Exemptions | Using the device to park your vehicle remotely, devices with hands-free access, emergency crews |
| Penalty | $50 summary offense, 6 penalty points and a £200 fine, 3 penalty points, loss of license |
| Year | 2024 |
| Related laws | Washington State’s Cell Phone Law (RCW 46.61.667), Washington State’s Text Messaging Law (RCW 46.61.668) |
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What You'll Learn
Penalties for breaking the law: fines, loss of licence, penalty points
In the United States, various laws regulate the use of mobile phones and other electronic devices by motorists. While no state bans all cell phone use for all drivers, many states prohibit all drivers from using handheld cell phones while driving. These laws are enforced by state, county, or local authorities and are subject to primary or secondary enforcement. In the case of primary enforcement, an officer may cite a driver for using a handheld cell phone without any other traffic offense having taken place. On the other hand, secondary enforcement allows an officer to stop or cite a driver for cell phone use only if the driver has committed another primary violation, such as speeding.
The penalties for breaking these laws vary but often include fines, driver's license demerit points, and the loss of driving privileges. For example, in New York, a conviction for using a handheld cell phone while driving can result in a fine of up to $450, depending on the number of previous violations. Additionally, drivers will receive five points on their driver's licenses, and accumulating 11 points within 18 months can lead to a suspension. For probationary and junior drivers, driving privileges are immediately lost upon conviction. Similar laws and penalties exist in other states with primary or secondary enforcement laws.
The specific penalties for breaking the law can vary depending on the state and the number of previous offenses. While some states may impose only a fine for a first offense, others may also include license demerit points, license suspension, or revocation of driving privileges. Repeat offenses can result in more severe penalties, including increased fines, extended license suspension, or even criminal charges. It's important to note that local laws and regulations may differ, and drivers should be aware of the specific consequences in their area.
The dangers of using a cell phone while driving are well-known, and distracted driving has led to numerous accidents and fatalities. According to the National Highway Traffic Safety Administration, 2,841 lives were lost due to distracted driving in 2018, with texting being the most alarming distraction. Additionally, the National Safety Council reported that mobile phone use caused 26% of car accidents in the United States, resulting in crashes, injuries, and deaths. To combat distracted driving, many states have implemented laws prohibiting cell phone use while driving, and drivers may face significant penalties for breaking these laws.
To avoid penalties and ensure safe driving, it is crucial to refrain from using handheld cell phones while operating a vehicle. Drivers should turn off their mobile phones, adjust all vehicle controls, and put their phones out of reach before setting off. By following these simple steps, drivers can minimize distractions and focus on the task of safe driving.
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Distracted driving: dangers and statistics
Distracted driving has become a significant issue as technology has become more streamlined and integrated into our daily lives. Distracted driving accidents account for a notable proportion of car accident deaths, with the NHTSA estimating that distraction was a factor in about 10% of all fatal motor vehicle crashes in 2012, resulting in over 3,000 deaths per year. In 2020, 3,142 people were killed in distracted driving accidents, and this number rose to 3,275 in 2023. According to the DMV, 9 people in the US are killed daily from distracted driving.
Distracted driving includes any physical action that takes a driver's hands from the wheel, visual action that takes their eyes from the road, or mental/emotional distraction that takes their attention away from the task of driving. Texting while driving is one of the most alarming distractions, as it involves all three types of distractions. Sending or reading a text takes a driver's eyes off the road for about 5 seconds, which at 55 mph is like driving the length of an entire football field with their eyes closed. Other common distractions include talking on a cell phone, eating or drinking, personal grooming, and attending to passengers or pets.
Cell phone use is the second highest cause of distracted driving, with 14% of distracted driving fatalities attributed to it. A 2008 AAA Foundation report found that any cell phone use roughly quadruples the risk of a crash. Despite this, many drivers still engage in cell phone use while driving, with one out of every 20 drivers using a handheld cell phone at any given time. While some states and cities have implemented laws banning the use of handheld phones while driving, the prevalence of cell phone use while driving remains an issue.
To address distracted driving, various states in the US have enacted laws prohibiting the use of handheld devices while driving. These laws are subject to primary or secondary enforcement by state, county, or local authorities. Primary enforcement means an officer may cite a driver for using a handheld cell phone without any other traffic offense taking place, while secondary enforcement requires another primary violation such as speeding to issue a citation. In addition to legal consequences, distracted driving can also result in financial implications, with fines and increased insurance rates for those found in violation of distracted driving laws.
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Variations in state laws: handheld vs hands-free, novice vs experienced drivers
In the United States, various laws regulate the use of mobile phones and other electronic devices by motorists. These laws vary across states, with some only affecting novice or commercial drivers, while others apply to all drivers. Some laws target handheld devices, while others affect both handheld and hands-free devices.
Handheld vs Hands-free
As of 2025, thirty-one US states have adopted hands-free laws, which prohibit the use of handheld cell phones while driving. These states include Arizona, California, Connecticut, Delaware, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nevada, New Hampshire, New Jersey, New York, Oregon, Rhode Island, Tennessee, Vermont, Virginia, Washington, and West Virginia. Additionally, Washington D.C., Puerto Rico, Guam, and the U.S. Virgin Islands have also implemented hands-free laws.
On the other hand, states like Ohio have a "one-swipe rule," which bans handheld use beyond a single swipe, allowing drivers to answer calls but not browse their phones while driving. Florida is currently advocating for hands-free legislation, with organizations like Hands-Free Florida campaigning for stronger laws to improve road safety.
Novice vs Experienced Drivers
Thirty-six states in the US, along with Washington D.C., have banned all cell phone use by novice or newer drivers. This means that these drivers are prohibited from using any type of cell phone, whether handheld or hands-free, while operating a vehicle. Additionally, nineteen states and Washington D.C. have laws prohibiting any cell phone use by school bus drivers when children are present.
Enforcement of Laws
The enforcement of these laws can be categorized into primary and secondary enforcement. In primary enforcement, an officer can cite a driver for using a handheld cell phone without any other traffic offense taking place. This applies to all state-level cell phone use laws in the US, except for certain cases involving novice drivers. Secondary enforcement, on the other hand, requires a driver to commit another primary violation, such as speeding or failure to stop, before being cited for cell phone use. States with secondary enforcement laws or no laws are ineligible for federal grant funding aimed at combating distracted driving.
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Enforcement: police powers and procedures
In the United States, laws regulating driving or "distracted driving" may be enforced by state, county, or local authorities. 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. 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 or failure to stop, at the same time.
States with secondary enforcement laws or no laws at all are ineligible for federal grant funding. For example, 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 the fiscal year 2013 for states with primary enforcement laws against distracted driving, including laws prohibiting cell phone use while driving.
In Washington State, for instance, the law prohibits using a wireless communications device or hand-held mobile telephone while driving. Drivers must use hands-free devices. Violations of cell phone and texting laws carry a $124 fine for a first-time offense. This could be significantly more if you are involved with causing a collision.
In the United Kingdom, it is illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data while driving or riding a motorcycle. This means you must not use a device in your hand for any reason, whether online or offline. The police can stop you if they think you’re not in control because you’re distracted, and you can be prosecuted. You can get 6 penalty points and a £200 fine if you hold and use a phone while driving or riding a motorcycle.
In 2024, Pennsylvania passed a law banning holding cell phones while driving. Drivers who violate this law will get a $50 summary offense. The bill also includes language to have police track the data of who they pull over for distracted driving.
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Exemptions: emergency services, hands-free access
In the United States, various laws regulate the use of mobile phones and other electronic devices by motorists. While no state bans all cell phone use for all drivers, several states prohibit all drivers from using hand-held cell phones while driving. These states include Arizona, California, Connecticut, Delaware, Georgia, and Hawaii, among others.
Some laws only apply to novice or commercial drivers, while others apply to all drivers. Additionally, some laws target handheld devices, while others cover both handheld and hands-free devices. In the case of the latter, the use of hands-free devices is permitted as long as the driver does not hold them at any time during usage and the device does not obstruct their view of the road and traffic ahead.
When it comes to exemptions for emergency services, there have been proposals in Great Britain to establish two new exemptions to the offence of using a hand-held mobile phone for emergency services drivers. This would allow them to use 'press-to-talk' mode on a hand-held device to communicate through the existing Airwave Tetra system. In the United States, during a State of Emergency declaration, states typically expedite the permitting process and may grant toll waivers for vehicles delivering relief supplies.
It is important to note that the laws regarding cell phone use while driving may be subject to primary or secondary enforcement by state, county, or local authorities. Primary enforcement means an officer may cite a driver for using a hand-held cell phone without any other traffic offence taking place, except for novice drivers. On the other hand, secondary enforcement allows an officer to stop or cite a driver for cell phone use only if another primary violation, such as speeding, has occurred.
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Frequently asked questions
The new law states that it is illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data while driving or riding a motorcycle. This means you must not use a device in your hand to text, make calls, take photos or videos, or browse the web.
Breaking this law could lead to a £200 fine and 6 penalty points on your license. If you passed your driving test in the last 2 years, you will lose your license.
Yes, there are some exceptions for emergency crews and emergency situations. You can also use devices with hands-free access, as long as you do not hold them at any time during usage.
This law is enforced in the UK, Australia, Germany, and various states in the US, including Pennsylvania, Washington, and Idaho.
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