Cameron Miranda
Texting while driving is a dangerous activity that endangers the lives of the driver, passengers, pedestrians, and other road users. Distracted driving, including texting, is responsible for thousands of deaths and injuries on U.S. roads annually. Recognizing the severity of this issue, various laws have been enacted at the state and local levels to prohibit the use of cell phones while driving. These laws aim to reduce distractions and protect people by imposing fines, license points, and even license suspensions for violations. While some laws apply only to novice or commercial drivers, others target all drivers, with the majority of states banning texting and driving. This paragraph introduces the topic of what legal measures are being implemented to eradicate the hazardous behavior of texting and driving.
| Characteristics | Values |
|---|---|
| Number of states banning text messaging for all drivers | 48 |
| Number of states banning handheld cell phone use while driving | 24 |
| Number of states restricting cell phone use for novice drivers | 37 |
| Number of states banning cell phone use by bus drivers | 23 |
| Number of states allowing texting and driving | 2 |
| Number of people killed in motor vehicle crashes involving distracted drivers in 2023 | 3,275 |
| Number of lives lost due to distracted driving in 2018 | 2,841 |
| Number of accidents involving mobile phone use in 2013 and earlier | 636,000 |
| Percentage of U.S. car accidents caused by mobile phone use in 2013 and earlier | 26% |
| Percentage of mobile phone-related accidents involving texting | 5% |
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What You'll Learn
Distracted driving laws and their enforcement
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 is the most alarming distraction. Sending or reading a text takes one'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. In 2023, 3,275 people were killed in motor vehicle crashes involving distracted drivers in the US.
To combat distracted driving, various laws in the United States regulate the use of mobile phones and other electronics by motorists. Different states take different approaches, with some laws affecting only novice or commercial drivers, while others apply to all drivers. Some laws target handheld devices only, while others affect both handheld and hands-free devices. 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 taking place. However, 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.
As of 2025, 48 states, Washington D.C., Puerto Rico, Guam, and the US Virgin Islands ban text messaging for all drivers. Twenty-four states, including Puerto Rico, the District of Columbia, Guam, the US Virgin Islands, and the Northern Mariana Islands, prohibit all handheld cell phone use while driving. Missouri and Montana are the only states that currently allow texting and driving. Some cities, like Texas, ban all cellphone use while driving, and drivers with learner's permits are prohibited from using cellphones in the first six months of driving.
To enforce these laws, the National Highway Traffic Safety Administration (NHTSA) leads the fight against distracted driving by educating Americans about its dangers and partnering with states and local police to enforce laws that help keep the roads safe. NHTSA conducts public service campaigns and announcements and shares stories and tips on social media platforms like Facebook, Instagram, and LinkedIn to raise awareness about the dangers of distracted driving. Additionally, during April's Distracted Driving Awareness Month, NHTSA pairs a national advertising campaign with a law enforcement crackdown.
To further discourage distracted driving, states with graduated driver licensing (GDL) laws may impose penalties such as delayed or suspended licenses for violations of distracted driving laws. Fines and points on one's license are also common consequences for texting and driving, with harsher penalties for drivers under a certain age. For example, in Illinois, texting and driving results in an initial fine of $75, but it costs 10 points if the driver is under 19, and only 15 points are needed to get a license suspended.
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Texting bans for all drivers
Texting while driving is a major cause of accidents and has been described as the "most alarming distraction" when driving. In 2023, 3,275 people were killed in motor vehicle crashes involving distracted drivers in the US. Sending or reading a text takes a driver's eyes off the road for 5 seconds. At 55 mph, that's like driving the length of a football field with your eyes closed.
To combat this, 48 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands ban text messaging for all drivers. All but two of these jurisdictions have primary enforcement laws, meaning an officer may cite a driver for using a hand-held cell phone without any other traffic offense taking place. Missouri and Montana are the only states that currently allow texting and driving.
Some states have gone further than just banning texting and have made all cell phone usage while driving illegal. In these states, it is a primary offense, meaning you can be cited for cell phone use alone, not in conjunction with another offense. These states include Puerto Rico, the District of Columbia, Guam, the U.S. Virgin Islands, and the Northern Mariana Islands.
In addition to state laws, local authorities have also passed their own distracted driving bans, which often include the use of cell phones while driving. However, several states, including Florida, Kentucky, and Louisiana, have prohibited localities from enacting their own laws regarding cell phone use.
To enforce these laws, the National Highway Traffic Safety Administration (NHTSA) leads the fight against distracted driving by educating Americans about its dangers and partnering with states and local police to enforce laws. NHTSA's campaigns and public service announcements emphasize that safe driving means driving without distractions.
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Cell phone usage restrictions for novice drivers
While no state in the US has banned all cellphone usage for all drivers, 37 states do restrict cellphone usage in the case of novice drivers. For example, Michigan prohibits any driver from holding or using a device but allows hands-free usage, effectively banning handheld devices for novice drivers. In Oregon, "using a hands-free accessory" is considered an affirmative defence, which may imply that hands-free usage is also restricted for newer drivers. Utah's laws also imply a restriction on handheld devices for novice drivers, as it is considered careless driving to commit a moving violation while distracted by a handheld device.
In addition to these 36 states and Washington, D.C., which ban all cellphone use by newer drivers, 19 states and Washington, D.C., also prohibit any cellphone use by school bus drivers if children are present.
The effectiveness of these laws is supported by a 2014 report from the National Safety Council, which found that the use of mobile phones caused 26% of car accidents in the US. While only 5% of mobile phone-related accidents in the US involved texting, the majority (636,000 out of 1,000,000 crashes) involved drivers distracted while talking on handheld or hands-free cellphones.
To enforce these laws, police officers may cite a driver for using a handheld cellphone without any other traffic offence taking place. This is known as primary enforcement and is the case for all state-level cellphone use laws in the US, except for some cases involving novice drivers. In states with secondary enforcement, a police officer may only stop or cite a driver for a cellphone violation if another traffic offence has been committed.
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Bans on handheld devices for school bus drivers
Texting while driving is a dangerous activity that endangers the lives of the driver, passengers, pedestrians, and other road users. Distracted driving, including texting and talking on cell phones, is responsible for numerous accidents, injuries, and fatalities on U.S. roads. To address this issue, various laws have been enacted at the state and local levels to ban the use of handheld devices while driving, including for school bus drivers.
Recognizing the heightened responsibility that comes with transporting children, many states have implemented bans on handheld device use specifically for school bus drivers. Twenty-three states, including the District of Columbia, have enacted laws prohibiting school bus drivers from using cell phones while driving when children are present. This means that in these states, school bus drivers are not allowed to text or make calls using their handheld devices while they have young passengers on board. This measure ensures that school bus drivers remain focused on the road and the safety of the children in their care.
The enforcement of these laws can vary. In some states, primary enforcement laws are in place, which means that a police officer can cite a school bus driver solely for using a handheld device, without the presence of any other traffic offense. This empowers law enforcement to take immediate action when they observe a school bus driver violating the handheld device ban.
The penalties for violating these bans can also differ by state. For example, in Illinois, texting and driving is punishable by a fine of $75 for a first offense. However, for drivers under the age of 19, the consequences are more severe, with 10 points assigned against their license, making it easier to reach the 15-point threshold for license suspension. Other states may have their own fine amounts and point systems in place, reflecting the severity with which they view distracted driving.
In addition to state-level laws, some cities and localities have also implemented their own bans on handheld device use while driving. Texas, for instance, has cities that ban all cellphone use while operating a vehicle, and it is illegal to use any handheld device in a school zone. These localized laws further emphasize the commitment to ensuring the safety of children in areas where they are expected to be present.
By enacting and enforcing these bans on handheld devices for school bus drivers, states and localities are taking proactive measures to protect young lives and hold drivers accountable for their actions on the road. These laws send a clear message that distracted driving, especially when responsible for the safety of children, is unacceptable and will be met with consequences.
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Public education campaigns about the dangers of distracted driving
Public education is key to reducing distracted driving behaviours. The National Highway Traffic Safety Administration (NHTSA) leads the fight against distracted driving by educating Americans about its dangers and working with local police to enforce laws against the behaviour. NHTSA's campaigns and public service announcements emphasise that safe driving means driving without distractions. Their efforts include sharing stories and tips on social media platforms such as Facebook, Instagram and LinkedIn to help save lives.
Parents also have a crucial role to play in educating young people about the dangers of distracted driving. They can lead by example by never driving while distracted and talking to their children about the dangers and responsibilities of driving. Schools and workplaces can also play a part, encouraging students and employees to commit to distraction-free driving.
Community members can also support local laws, speak out at community meetings, and highlight the dangers of distracted driving on social media and in local media. Local authorities and police play a critical role in enforcing distracted driving bans and other laws regulating the use of mobile phones and electronics by motorists.
Public education campaigns can also focus on the specific dangers of texting while driving. Sending or reading a text takes a driver's eyes off the road for 5 seconds. At 55 mph, that's like driving the length of a football field with your eyes closed. Texting while driving increases the risk of crashes and creates enormous potential for deaths and injuries on the road. In 2023, 3,275 people were killed in motor vehicle crashes involving distracted drivers in the US.
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Frequently asked questions
Texting and driving is illegal in most states, and some cities have banned all cellphone use while driving. However, there are still some states that allow texting and driving, such as Missouri and Montana.
Primary laws mean that an officer can give a ticket to a driver for the offence without any other traffic violation taking place. On the other hand, secondary laws mean an officer can only issue a ticket if a driver has been pulled over for another violation.
The penalties for texting and driving vary by state. In New York, for example, drivers ticketed for texting while driving can face a fine of $50 to $200 for a first offence, while in Texas, fines range from $25 to $99. In Utah, the fine is up to $750 for the first offence, and 50 points are added to the driver's license.
Yes, there are age restrictions in some states. In 37 states, drivers under the age of 18 are not allowed to use their phones while driving. Additionally, in some states, drivers with learner's permits or intermediate licenses are prohibited from using cellphones.
