Tennessee's Hands-Free Law: Commercial Vehicles Included?

Tennessee's hands-free law, which came into effect on July 1, 2019, is a piece of legislation aimed at reducing distracted driving accidents by prohibiting the use of hand-held mobile phones and other freestanding electronic devices while operating a vehicle. The law makes it illegal for a driver to hold a cellphone or mobile device with any part of their body, send or read text-based communications, or watch or record videos while driving. But does this law apply to commercial vehicles as well?

Who is exempt from the law?

The following groups are exempt from Tennessee's hands-free law:

• Officers of the state or of any county, city, or town charged with enforcing the laws of the state, or federal law enforcement officers when in the actual discharge of their official duties.
• Campus police officers and public safety officers when in the actual discharge of their official duties.
• Emergency medical technicians, emergency medical technician paramedics, and firefighters, both volunteer and career, when in the actual discharge of their official duties.
• Emergency management agency officers of the state or of any county, city, or town, when in the actual discharge of their official duties.
• Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property.
• Employees or contractors of utility services providers acting within the scope of their employment.
• Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave their motor vehicles.

In addition, the hands-free law does not apply to the following types of motor vehicles, when used exclusively for the listed purposes:

• Airport limousines for carrying persons and/or property between airport terminals and hotels, motels, and other designated points in any municipality, county, or suburb served by the airport.
• Ambulances and hearses in funerals or as ambulances.
• Charter vehicles making casual trips on call or under contract, solicited by the party served, for the carrying of passengers.
• Commuter vans used primarily for hauling 15 or fewer passengers to and from their regular places of employment, or to transport the organizers, sponsors, or promoters of such vehicles.
• Intracity transfer service by way of transporting property for-hire between points in any one town, city, or suburb, not over or along any definite, fixed, announced, or advertised routes between any points.
• Limousines in the limousine service.
• Milk and other perishable farm products and livestock vehicles for transporting or delivering milk or milk products from the producer to the purchaser, or to any motor vehicle used casually by the owner to convey perishable farm products or livestock to market.
• Newspaper delivery vehicles used primarily in the transportation of newspapers, or casually by the owner to deliver newspapers while going to or from work, or commercial motor vehicles whose use to deliver newspapers is incidental to their primary use.
• Passenger hauling demonstration projects operated pursuant to department-approved demonstration projects conducted by state, local municipalities, counties, or metropolitan governments when such projects are of limited duration and meet transportation needs in the hauling of passengers.
• Railroad limousines and dray vehicles for carrying persons and/or property between railroad depots and any points in any city, town, or suburb, in or adjacent to which the depot is located.
• School and church vehicles for transporting persons to or from school, Sunday school, church, or religious services of any kind, upon special prearranged trips or excursions under the auspices of any religious or charitable organization.
• Seasonal transportation of fertilizer for farm or dairy purposes to any motor vehicle used on a seasonal basis to transport fertilizer to local dealers, farms, gins, or dairies for farm or dairy purposes.
• Sedans in the sedan service.
• Shuttles in the shuttle service.
• Taxicabs in taxicab service.
• Transportation of hot mix asphalt when the owner, lessee, or bailee of the vehicle is legally and regularly engaged in the business of selling or distributing such hot mix asphalt transported in the vehicle.
• Vehicles hauling ore, sand, gravel, and other unprocessed products of the soil, including but not limited to sand, gravel, chert, or phosphate muck, used in the transportation of coal produced from mines located within the state.
• Vehicles hauling recovered materials from the point of generation to a processing facility or the end-user, or from the processing facility to the end-user.
• Vehicles used in the selling or distribution of petroleum products when the owner, lessee, or bailee of the vehicle is legally and regularly engaged in the business of selling or distributing such petroleum products transported in the vehicle.

What are the penalties for breaking the law?

Breaking Tennessee's hands-free law is a Class C misdemeanour and carries several penalties. For a first or second offence, you may be pulled over and given a ticket, and face a fine of up to $50, plus $10 in court costs. For a third or subsequent offence, the fine increases to up to $100. If the violation results in a crash, the fine is increased to up to $200. If the violation occurs in a work zone with workers present or a marked school zone with flashers on, the fine is increased to $200. If a school bus driver is found to be in violation of the law, they face harsher penalties: a Class A misdemeanour, a minimum fine of $100, up to 30 days in jail, and a ban from operating a school bus in Tennessee.

In addition to fines, violators will also accrue points on their driving record, which can lead to increased insurance costs. For drivers under 18, a second or subsequent violation will result in seven points being added to their driving record. For adult drivers, accumulating 12 or more points within a 12-month period will result in a notice of proposed suspension and an administrative hearing.

What does the law prohibit?

Tennessee's hands-free law prohibits the following:

• Holding a cellphone or mobile device with any part of the body. This includes holding the device to the ear.
• Writing, sending, or reading any text-based communication, such as a text message or email.
• Reaching for a cellphone or mobile device in a manner that causes the driver to be unrestrained by a seat belt or no longer in a seated driving position.
• Watching a video or movie on a cellphone or mobile device.
• Recording or broadcasting video on a cellphone or mobile device.

The law does not apply to certain emergency service personnel, such as law enforcement, emergency medical technicians, and firefighters, when they are in the discharge of their official duties. It also does not prohibit the use of a cellphone or mobile device in the case of a bona fide emergency, such as a situation that threatens human life, health, or property.

In addition, drivers over the age of 18 are permitted to use electronic devices in a hands-free, voice-operated mode while driving. This includes using a single button or swipe to answer or end a call, using voice commands for GPS, and streaming music that does not include videos on the screen of the device.

What does the law allow?

Tennessee's hands-free law, Public Chapter No. 412, took effect on July 1, 2019. The law requires drivers to refrain from using their cell phones and focus on the road. The law makes it illegal for a driver to:

• Hold a cellphone or mobile device with any part of their body.
• Write, send, or read any text-based communication.
• Reach for a cellphone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt.
• Watch a video or movie on a cellphone or mobile device.
• Record or broadcast video on a cellphone or mobile device.

However, there are some exceptions to the law. Drivers are allowed to use hands-free devices such as speakerphones or Bluetooth to make and receive phone calls. They can also use voice commands or a single touch or swipe to operate GPS or streaming music, as long as the device is mounted in a way that does not obstruct the driver's view. In addition, drivers are permitted to use their cellphones in case of a bona fide emergency, such as calling 911.

The law also does not apply to certain personnel, such as law enforcement officers, emergency medical technicians, and firefighters, when they are in the discharge of their official duties.

Tennessee's hands-free law is a strict measure to reduce distracted driving, which has been a significant issue in the state, with a high number of crashes attributed to it. The law allows for some limited use of cellphones and mobile devices while driving but emphasizes hands-free and voice-operated modes to minimize distractions and improve safety on the roads.

How does the law compare to other US states?

As of September 2023, 29 US states and the District of Columbia have a ban on using handheld devices for all drivers at any time. These states include:

• Arizona
• California
• Connecticut
• District of Columbia
• Delaware
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Missouri
• Nevada
• New Hampshire
• New Jersey
• New York
• Oregon
• Rhode Island
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Louisiana
• Texas
• Arkansas
• Florida

Tennessee is one of 19 states to enact a law that bans all use of a hand-held cell phone by any driver. Tennessee's law, known as Tennessee Public Chapter No. 412, is the state's attempt to reduce distracted driving accidents caused by the use of stand-alone electronic devices. The law took effect on July 1, 2019, and makes it illegal for a driver to:

• Hold a cellphone or mobile device with any part of their body
• Write, send, or read any text-based communication
• Reach for a cellphone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt
• Watch a video or movie on a cellphone or mobile device
• Record or broadcast video on a cellphone or mobile device

Tennessee's law is similar to those in many other states, which also prohibit holding a mobile phone or freestanding electronic device while operating a vehicle. However, some states have less strict laws, which only apply to certain groups of drivers, such as young or novice drivers, bus drivers, or commercial drivers. For example, Alabama and Arkansas have hands-free laws that only apply to teen drivers, while Oklahoma's law bans individuals who work in public transit jobs, such as bus drivers, from using handheld devices behind the wheel.

Additionally, some states only ban handheld device use in certain areas, such as school or work zones. Wisconsin, Louisiana, Texas, Arkansas, and Florida have such restrictions in place.

While the specifics of each state's laws may vary, the overall goal is to help drivers remain focused on the road and reduce distracted driving accidents.

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