Hands-Free Law: Federal Future?

As of September 2023, 29 US states and the District of Columbia have a ban on using handheld devices while driving. While the specifics of these laws vary, they all aim to reduce distracted driving, which has been found to cause 26% of car accidents in the US. Despite the prevalence of these laws, no state bans all cell phone use for all drivers. However, with ever-changing laws and increasing awareness of the dangers of distracted driving, a federal hands-free law could become a reality in the future.

Hands-free laws reduce road fatalities

In the United States, various laws regulate the use of mobile phones and other electronics by motorists, with some laws targeting handheld devices only, while others affect both handheld and hands-free devices. The goal of these laws is to help drivers stay focused on the road and reduce distracted driving, which has been linked to increased traffic fatalities.

Hands-free laws have been shown to reduce road fatalities and make roads safer. After the implementation of hands-free laws, distracted driving fell in four states: Alabama, Michigan, Missouri, and Ohio. In Ohio, for example, researchers estimated that 3,060 crashes, 1,700 injuries, and 14 fatalities were prevented following the enactment of a hands-free law. Additionally, economic damages across 8 million drivers were reduced by more than $121 million.

Recent studies have also found a direct correlation between hands-free laws and a decrease in driver fatalities and cell phone use behind the wheel. For instance, in Texas, there has been a significant decline in distracted driving-related crashes since the state implemented a ban on texting while driving in 2017. While there may be other factors contributing to the decrease in crashes and fatalities, the implementation of hands-free laws has been beneficial in improving road safety.

The effectiveness of hands-free laws is further supported by data from the National Highway Traffic Safety Administration, which estimated that distracted driving caused 12,405 fatalities in 2021 at a societal cost of approximately $158 billion. Additionally, a 2014 report from the National Safety Council concluded that mobile phone use caused 26% of car accidents in the United States, with the majority of accidents involving drivers distracted while talking on handheld or hands-free cellphones.

To further reduce distracted driving and improve road safety, lawmakers and safety organizations recommend a comprehensive approach that includes strong and clear laws, robust public education campaigns, enforcement, and the use of safe driving technology. By addressing the issue from multiple angles, we can make significant strides in reducing road fatalities and creating a safer driving environment for everyone.

State-level hands-free laws

As of September 2023, 29 U.S. states and the District of Columbia have a ban on using handheld devices for all drivers at any time while they are driving. These hands-free states 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
• Alabama
• Arkansas
• Oklahoma
• Montana

While the above-listed states have full bans on using any handheld device while driving, other states have less-restrictive laws regarding handheld devices. For example, Alabama and Arkansas have hands-free laws that only apply to teen drivers, and Oklahoma has laws banning individuals who work in public transit jobs, such as bus drivers, from using handheld devices behind the wheel.

Additionally, some states have laws that only apply to certain areas. For instance, Wisconsin, Louisiana, Texas, Arkansas, and Florida ban handheld device use in specific areas, such as school or work zones.

The goal of enacting these state-level hands-free laws is to help drivers stay focused on the road and reduce distracted driving. Texting or dialling a phone number can cause physical, mental, and visual distractions, taking the driver's hands, eyes, and mind off the road.

Distracted driving laws

As of September 2023, 29 US states and Washington, D.C., have banned the use of handheld devices for all drivers, requiring them to use hands-free options instead. These states include:

• Alabama
• Arkansas
• 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

Some states have less restrictive laws, such as Alabama and Arkansas, which have hands-free laws specifically for teen drivers, and Oklahoma, which bans public transit workers like bus drivers from using handheld devices. Other states prohibit handheld device use in certain areas, such as school or work zones, including Wisconsin, Louisiana, Texas, Arkansas, and Florida.

Texting while driving is illegal in 49 states, Washington, D.C., Puerto Rico, Guam, the Northern Mariana Islands, and the US Virgin Islands. Additionally, nearly all states have bans on texting while driving, and many ban cell phone use altogether. Montana is the only state without laws restricting cell phone use while driving.

Distracted driving is extremely dangerous and leads to thousands of deaths each year. In 2022, 3,308 people lost their lives in motor vehicle crashes involving distracted drivers. Texting while driving is particularly alarming, as it takes a driver's eyes off the road for several seconds, increasing the risk of a crash.

To address this issue, states provide funding and initiatives to discourage distracted driving. For example, the Moving Ahead for Progress in the 21st Century Act (MAP-21) allocated $17.5 million in grants in 2013 to states with primary enforcement laws against distracted driving. Additionally, during April's Distracted Driving Awareness Month, there is a national advertising campaign paired with a law enforcement crackdown called "Put the Phone Away or Pay."

Hands-free technology

In the United States, various laws regulate the use of mobile phones and other electronics by motorists. While no state bans all cell phone use for all drivers, 29 U.S. states (plus 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 prevent physical, mental, and visual distractions.

It is important to note that even with hands-free technology, drivers are prohibited from writing, reading, or sending text messages, emails, social media content, and other internet data while on the road. They are also not allowed to watch or record videos, except for navigation purposes or continuously running dash cams.

The use of hands-free technology is expected to make roads safer by keeping drivers' eyes on the road and reducing the number of accidents caused by distracted driving.

Penalties for violating hands-free laws

In Georgia, the penalties for violating the hands-free law are structured to escalate with subsequent offences. For a first conviction, the fine is $50 and 1 point is added to the driver's license. For a second conviction, the fine is $100 and 2 points are added to the driver's license. For a third or subsequent conviction, the fine is $150 and 3 points are added to the driver's license.

In some states, such as Ohio, there is a "one-swipe rule", where drivers are allowed to use their phones with a single swipe or finger tap to perform actions on the device. Other states, like Alabama and Arkansas, have hands-free laws that only apply to teen drivers.

While the penalties for violating hands-free laws vary, the goal of these laws is to help drivers stay focused on the road and reduce distracted driving, which has been shown to increase the risk of accidents.

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