Hands-Free Law: Effective Since When?

In the United States, various laws regulate the use of mobile phones and other electronics by motorists. As of September 2023, 29 states and the District of Columbia have banned the use of handheld devices for all drivers. These laws are in place to help drivers remain focused on the road and prevent physical, mental, and visual distractions. One of the first states to implement such a law was New York in 2001. Since then, other states have followed suit, with Georgia enacting a similar law in 2018 and Indiana in 2020. These laws generally prohibit drivers from having a phone in their hand or using any part of their body to support their phone. While the specifics of these laws vary by state, they typically allow for hands-free phone use through devices like speakerphones, earpieces, or wireless headphones.

The law in Georgia

The law also prohibits drivers from watching or recording videos, except for the purpose of navigation. Dash cams that run continuously are exempt from this rule. In addition, drivers are not allowed to use headsets or earpieces for any purpose other than communication.

Music streaming apps can be used, but they must be activated and programmed when the driver is parked. Drivers cannot touch their phones to do anything with these apps while on the road. Music streaming apps that include video are also not allowed, as drivers cannot watch videos when on the road.

There are some exceptions to the law. For example, drivers are allowed to use their phones to report a traffic accident, medical emergency, fire, criminal activity, or hazardous road conditions. First responders, such as police and firefighters, are exempt from the law, as are utility employees if they are responding to emergencies.

Drivers of commercial vehicles and school buses have additional restrictions. Commercial drivers can only use one button to begin or end a phone call and cannot reach for a device that requires them to unbuckle their seatbelt or leave their seat. School bus drivers cannot use wireless devices when loading or unloading passengers and can only use devices for live communication with schools or public safety officials when the bus is in motion.

The penalties for breaking the Hands-Free Law in Georgia increase for repeat offenders. For a first conviction, the driver will be fined $50 and receive one point on their license. However, first-time offenders can have the charge dropped if they show the court that they have purchased a device that enables hands-free communication. For a second conviction within 24 months, the fine increases to $100 and two points are added to the driver's license. For a third conviction within 24 months, the fine is $150, and three points are added to the driver's license.

Distracted driving

Strong laws with publicized strong enforcement have proven effective in changing driver behaviour. For example, such an approach has led to increased seat belt use and decreased alcohol-impaired driving. A federal transportation funding law, the Moving Ahead for Progress in the 21st Century Act (MAP-21), provided $17.5 million in grants in fiscal year 2013 for states with primary enforcement laws against distracted driving.

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

• Arizona
• California
• Connecticut
• Delaware
• Georgia
• Hawaii
• Idaho
• Illinois
• Indiana
• Maine
• Maryland
• Massachusetts
• Michigan
• Minnesota
• Missouri
• Nevada
• New Hampshire
• New Jersey
• New York
• Oregon
• Rhode Island
• Tennessee
• Vermont
• Virginia
• Washington
• West Virginia
• Wisconsin
• Louisiana
• Texas
• Arkansas
• Florida
• Guam
• US Virgin Islands
• Puerto Rico

Additionally, 36 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.

Texting and driving is also banned in most states. As of 2018, 47 states, D.C., Puerto Rico, Guam, and the U.S. Virgin Islands ban text messaging for all drivers.

The effectiveness of such laws

The effectiveness of hands-free laws in reducing accidents and improving road safety is a highly debated topic. While some studies and reports suggest that these laws have led to a significant reduction in traffic fatalities and crashes, others argue that the impact is not as substantial or consistent across different states and jurisdictions.

One of the earliest hands-free laws was implemented in New York in 2001, prohibiting all drivers from talking on handheld cellphones while driving. Since then, several other states have followed suit, with 29 states and the District of Columbia having a ban on using handheld devices for all drivers as of September 2023. These laws aim to reduce physical, mental, and visual distractions by keeping drivers' eyes on the road and their hands on the wheel.

Some studies have found that all-driver bans on handheld phone conversations have resulted in long-term reductions in handheld phone use. For example, a study in Connecticut, the District of Columbia, and New York found that handheld phone use was 24-76% lower up to seven years after the bans were implemented. Additionally, drivers in states with hands-free laws reported higher rates of hands-free phone use and lower overall phone use.

However, the impact of these laws on crash outcomes is less clear. Some studies have found a decrease in crash rates following the implementation of hands-free laws, while others have found no significant changes or even small increases in collision claims. For instance, a study in California, Louisiana, and Minnesota found significant increases in collision claim rates after the bans were enacted, which may be attributed to the difficulty of enforcing texting bans and the potential for drivers to hide their phones from view.

Furthermore, the crash risk associated with cellphone use while driving is not yet fully understood. The contribution of phone use or other distractions to crashes is often not consistently recorded in crash databases, and drivers may be reluctant to admit to using their phones, especially if it is illegal. This makes it challenging to establish a direct link between hands-free laws and crash outcomes.

While the effectiveness of hands-free laws may vary, strong laws with publicized strong enforcement have been proven to be a successful countermeasure for changing driver behavior in other areas, such as increasing seat belt use and decreasing alcohol-impaired driving. Additionally, with the ever-evolving nature of smartphone technology and the increasing number of distractions available at our fingertips, hands-free laws are an important step towards creating safer roads and reducing the number of accidents caused by distracted driving.

The history of such laws

In 2012, a federal transportation funding law known as the Moving Ahead for Progress in the 21st Century Act (MAP-21) was passed, providing $17.5 million in grants to states with primary enforcement laws against distracted driving, including laws prohibiting cellphone use while driving.

As of September 2023, 29 US states and the District of Columbia have a ban on using handheld devices for all drivers, anytime they are behind the wheel. These laws are in place to help drivers remain focused on the road and reduce distracted driving, which has been found to increase the risk of crashes and fatalities.

Some states have less strict laws, with hands-free laws applying only to young or teen drivers, public transit workers, or drivers in certain areas such as school or work zones. As of August 2023, Missouri is a recent addition to the "hands-free" states with the enactment of the Siddens Bening hands-free law.

The future of such laws

The future of hands-free laws looks promising, with an increasing number of states adopting such legislation to improve road safety.. As of September 2023, 29 U.S. states and the District of Columbia have implemented a ban on using handheld devices for all drivers, at all times, when they are behind the wheel. This number is expected to grow as more states recognize the benefits of these laws in reducing traffic accidents, injuries, and fatalities.

The effectiveness of hands-free laws in improving road safety has been demonstrated in various studies. Research suggests that bans on handheld phone conversations have resulted in long-term reductions in their use, with drivers in states with such bans reporting higher rates of hands-free phone use and lower overall phone use. Additionally, states with hands-free laws have seen a decrease in traffic fatalities, with a 16% reduction in the two years following the implementation of the law, and further reductions in subsequent years.

However, the impact of these laws on crash outcomes is less clear. Some studies have found reductions in collision claims or crash rates associated with hands-free laws, while others have found no significant effects or even small increases. The mixed results may be due to challenges in conducting rigorous evaluations, such as accurately measuring changes in driver behavior and crash outcomes, controlling for other factors that influence crash trends, and the lack of understanding of the crash risks associated with phone use.

To address these challenges, future research priorities should include:

• Conducting strong studies to better understand the crash risks associated with phone use, addressing the limitations of previous epidemiological crash-based studies and naturalistic studies.
• Validating the association of non-crash surrogates (e.g., crash-relevant conflicts) observed in naturalistic studies with crashes of different severities, including serious crashes.
• Conducting additional well-controlled evaluations of cellphone and texting laws that include assessments of their effects on driver behavior and crashes of varying severity.

Lawmakers and safety advocates will continue to push for stricter hands-free laws and their enforcement, recognizing the dangers of handheld cell phone use while driving. As smartphone use becomes more prevalent, the potential for distraction and the risk of accidents increases. By enacting and enforcing hands-free laws, states can help keep drivers focused on the road, reducing the physical, mental, and visual distractions associated with handheld device use while driving.

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