Keith Mack
Driving laws in the United States vary from state to state, with each region enforcing its own unique traffic code and rules of the road. While some basic rules are consistent across the country, such as driving on the right and obeying speed limits, more detailed aspects of driving differ significantly. These differences include variations in speed limits, seat belt laws, mobile phone usage regulations, and penalties for drink-driving offences. The diverse traffic laws across states can be attributed to the ability of local governments to implement special rules through ordinances to address specific public safety needs. As a result, drivers in the US are advised to familiarise themselves with the traffic rules of each state they plan to visit to ensure safe and legal driving.
| Characteristics | Values |
|---|---|
| Driving side | Drive on the right, except in the US Virgin Islands, where people drive on the left. |
| Speed limits | All roads have a speed limit, but it is not always posted, especially in rural areas. Speed limits are set by each state, territory, county, or municipality. |
| Overtaking | Legal on all four-lane roads and most two-lane roads with sufficient sight distance. |
| Passing | On two-lane roads, pass to the left of the overtaken vehicle unless it is turning left. |
| Seat belts | 49 states and the District of Columbia have passed laws requiring seat belt use by all front-seat occupants. Some states also require rear-seat occupants to wear seat belts. |
| Drunk driving | Illegal in all jurisdictions. The specific offense is usually called driving under the influence (DUI). |
| Steering wheel position | Always on the left side of the car. |
| Traffic lights | Positioned after the intersection, on the far side from approaching traffic. |
| Stop signs | A red octagonal sign with "STOP" in white letters indicates the need to stop at an intersection. |
| Yield signs | A white or yellow triangular sign indicates the need to yield to oncoming traffic. |
| Right turns | Some states prohibit right turns on red lights at an intersection. |
| Texting and driving | Prohibited in some states. |
| Pumping gas | In New Jersey and Oregon, it is illegal to pump your own gas without a special permit. |
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What You'll Learn
Speed limits vary between states
The maximum speed limit on rural two-lane roads ranges from 50 mph (80 km/h) in parts of the northeast to 75 mph (121 km/h) in parts of Texas. On rural interstate highways and other freeways, the speed limit ranges from 60 mph (97 km/h) in Hawaii to 85 mph (137 km/h) in parts of Texas. For example, the maximum speed limit on a freeway in one state might be 65 mph, but another state's freeway speed limit could be 70 mph.
In addition to posted speed limits, certain states have unique speeding laws. For instance, California has a long-running controversy regarding the use of radar in speeding enforcement. While 'radar enforced' signs are common throughout the state, some research into California's speeding laws reveals that, except in certain situations (including local streets and school zones), comparing a radar reading to a posted speed limit is often inadmissible in court.
It is important to be aware of the speed limit when driving in a different state, as punishments for violating these laws also usually vary from state to state. Many states use the driver's license point system, where speeding tickets can result in points on your license.
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Seat belt laws differ
In some states, such as New Hampshire, there is no legal requirement for adults to wear a seat belt. In contrast, other states have primary enforcement laws, which allow police officers to stop and fine motorists solely for not wearing a seat belt. As of 2013, 17 states and the District of Columbia had primary enforcement laws covering all seating positions, and 16 states had similar laws covering only the front seats. These laws are considered the most comprehensive as they apply to all passengers, regardless of their seating position.
On the other hand, some states have secondary enforcement laws, where police officers can only enforce the seat belt law if the driver has been pulled over for another violation. As of 2019, 15 out of 50 states considered non-use of seat belts as a secondary offense. However, some states with secondary enforcement laws have higher fines for seat belt violations, which has been associated with increased seat belt usage.
The effectiveness of seat belt laws varies across the country, with observed usage rates ranging from less than 40% to over 95%. Studies have shown that primary enforcement laws are more effective at increasing seat belt usage and reducing crash deaths and injuries. However, some states with secondary enforcement laws have closed the gap in recent years, with only a 3% difference in front-seat occupant belt usage rates between primary and secondary enforcement states in 2024.
The variation in seat belt laws across the United States can be attributed to the federal system of government, which grants each state the authority to create and enforce its own traffic laws. While there are basic rules of driving that all states follow, such as driving on the right and obeying speed limits, the details of these laws, including seat belt requirements, can differ from state to state. As a result, motorists must be aware of the specific laws in their state and any variations when travelling to other states.
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Mobile phone usage regulations aren't uniform
Mobile phone usage regulations are not uniform across the United States, with different states taking different approaches to legislation. While no state bans all cell phone use for all drivers, several states have outlawed handheld cell phone use while driving, or have banned cell phone use for specific types of drivers, such as novice or commercial drivers.
As of 2025, 47 states, the District of Columbia, Puerto Rico, Guam, and the US Virgin Islands ban text messaging for all drivers. Two of the three states without an all-driver texting ban prohibit text messaging by novice drivers. While some states have banned localities from enacting their own laws regarding cell phone use, local authorities in other states have passed their own distracted driving bans, which often include the use of cell phones while driving.
The laws regulating "distracted driving" may be subject to primary or secondary enforcement 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 handheld 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.
The debate over the safety of driving while using a cell phone has led to the enactment of various laws regulating the use of mobile phones by motorists in the United States. According to the National Highway Traffic Safety Administration (NHTSA), more than ten million drivers in the United States are using cell phones at any given time. A 2014 report from the National Safety Council found that the use of mobile phones caused 26% of car accidents in the United States, resulting in 636,000 crashes, 330,000 personal injuries, 12,000 major injuries, 2,700 deaths, and $43 billion in damages in 2010.
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Driving under the influence (DUI) laws vary
The laws and penalties for DUI also differ between states. For example, in Illinois, it is illegal to drive with a THC level of 5 nanograms or more per milliliter of blood, and an individual can be arrested for driving under the influence of cannabis even if they are below the legal limit if an officer believes impairment is present. In contrast, other states may have different thresholds for what constitutes a DUI, and the penalties for a first-time DUI offence can range from fines and community service to jail time, depending on the state.
Additionally, some states have lower BAC limits for drivers under the legal drinking age, and the specific penalties for refusing a chemical test can vary. For instance, in California, refusing a breath or blood test upon arrest for DUI results in an additional one-year license suspension, while in Kansas, the state Supreme Court ruled that refusing a breath or blood test cannot be a criminal offence. These differences in state DUI laws can create complexities when individuals travel between states, as they must be aware of the specific laws and regulations in each jurisdiction.
Furthermore, DUI laws can apply to a range of vehicles beyond just cars, including motorcycles, boats, aircraft, and even bicycles in some states. The BAC limits may also differ depending on the vehicle type, with lower limits for operating boats, airplanes, or commercial vehicles. These variations in DUI laws and their applications highlight the need for individuals to be vigilant and informed about the specific regulations in their state or when travelling to another state.
While there are standardised efforts to maintain road safety, such as the Manual on Uniform Traffic Control Devices, which sets nationwide standards for traffic signs and lights, the differences in DUI laws across states are notable. These variations in terminology, thresholds, penalties, and applications to different vehicles contribute to the overall complexity of traffic laws in the United States.
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Local ordinances add unique rules
While state laws outline most traffic rules, many states also allow local governments to add special rules through ordinances to enhance public safety in specific areas. These local ordinances must still adhere to state and federal regulations. For instance, a state may permit a city to implement parking restrictions or prohibit right turns at red lights at certain intersections.
Local ordinances can vary based on the unique characteristics of a locality, such as population density, road infrastructure, or accident history. For example, a densely populated city may have different parking needs than a rural area, leading to variations in parking restrictions. Similarly, a locality with a history of accidents at a particular intersection may prohibit right turns on red lights to improve safety.
Another example of local ordinances is the authorization of inspections and fines for vehicles with tinted windows darker than a certain percentage. For instance, New York has implemented such a rule, demonstrating how local ordinances can address specific issues within a jurisdiction.
In addition to parking and turning restrictions, local ordinances can also address issues such as distracted driving. For example, several states have banned the use of handheld devices while driving, with some states, like Oregon, expanding this to include any mobile electronic device that is not in hands-free mode. These ordinances reflect a broader trend of penalizing the use of mobile phones and other electronics while driving.
Local ordinances can also pertain to speed limits, with each state, county, or municipality setting the maximum allowable speed limits on the roads within their jurisdiction. For instance, the speed limit on a freeway in one state might be 65 mph, while another state's freeway speed limit could be 70 mph. These variations in speed limits are a clear example of how local ordinances can differ from one place to another.
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Frequently asked questions
While there are some overarching driving regulations in place for the whole of the United States, each state has its own unique driving laws and requirements. These differences can be found in speed limits, seat belt laws, mobile phone usage, and general rules of the road.
Some US states have unique laws, such as in New Jersey and Oregon, where it is illegal to pump your own gas. In Oregon, drivers are allowed to turn right at a stop sign without stopping if there is signage posted. In California, there is a long-running controversy regarding the use of radar in speeding enforcement.
It is dangerous to assume that the driving rules will be the same as in your home state when driving in a different state. For example, in some states, you are allowed to turn right at a red light, but in others, such as New York, this is restricted and there may not be any signage explicitly stating this.
FindLaw provides information about driving rules in all 50 states and the District of Columbia, including each state's online vehicle code, statutes for traffic violations, and state-specific driving manuals. Many states also have online service centers for traffic tickets.
