In the context of cell phone laws, what does "driving" or "operating a motor vehicle" typically include?
It refers to being in control of a vehicle that is in motion on a public roadway. This often includes being temporarily stopped at a red light, in a traffic jam, or at a stop sign.
Is it illegal for a driver to write, send, or read any text-based communication while driving?
Yes, in nearly all states with texting bans, it is illegal for drivers to write, send, or read text-based communications. For most drivers, this is a primary offense, meaning police can pull you over for this violation alone.
In states with handheld phone bans, can you legally hold your phone to your ear for a conversation while driving?
No. It is illegal for drivers to hold and operate a cell phone for voice calls. Communication must be conducted via a hands-free method.
What kinds of devices are covered under "wireless communication device" laws?
These laws typically have a broad definition covering a range of electronics, including cell phones, smartphones, tablets, laptops, and other devices used for electronic communication.
When is it legally permissible to use a handheld cell phone while driving?
The primary exception is for making an emergency call to a law enforcement agency, a fire department, a medical provider, or another emergency service.
Some states have a "single swipe or tap" rule. What does this allow a driver to do?
This rule allows a driver to activate or deactivate a feature on a mounted device with a single, simple motion. It does not permit extended interaction like typing or scrolling.
Is it illegal to have a movie or video playing on a screen visible to the driver?
Yes, it is illegal to drive while a video or television is on and visible to the driver. Exceptions are made for screens displaying vehicle information or GPS navigation.
Do cell phone laws apply when you are legally parked on the side of the road?
No. The laws pertain to 'operating' a vehicle. Once you have moved the vehicle off the roadway and are safely and legally parked, you may use a handheld device.
IMPORTANT! Being stopped in traffic does not count as being parked.
