Special Topics in Safety Management

State-by-State List of Cell Phone Laws


Federal law does not prohibit drivers from using mobile phones while driving, but many states and local jurisdictions have imposed restrictions. Today we, look a resource that keeps you abreast of the latest changes.


Yesterday we looked at the various dangers linked to cell phone use, including distracted driving (while talking, dialing, or texting), hearing loss, brain tumors, and even the possibility of vehicle refueling explosions.


Although the risks of developing brain tumors or igniting gasoline vapors by using a cell phone while refueling are hotly disputed, the increased risk of accidents resulting from driving while on the cell phone is not.



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No federal law prohibits drivers from using mobile phones while driving, but many states and local jurisdictions have taken action. States that have set rules have chosen different levels of restrictions. Some states prohibit the use of handheld devices while operating a motor vehicle, but they allow the use of hands-free devices.


Other states put restrictions on certain drivers, such as bus drivers or young drivers. In 2003, the National Transportation Safety Board recommended that all states bar inexperienced drivers from using mobile phones while driving.


For employers, there are liability issues. For example, if an employee has an auto accident and harms someone while making a work-related cell phone call, the employer as well as the employee may be found liable. Several lawsuits have been filed against employers as well as the employees who have harmed someone allegedly because of cell phone use while driving and doing business at the same time.


The best advice for employers is to check state and local laws and to instruct employees—in writing—not to use cell phones while driving (or to spell out acceptable usage). It is also good practice to instruct employees that if they receive a cell phone call, they should let voice mail answer it and/or call back when they can stop at a safe area.




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You’ll find an extremely helpful Cell Phone Laws and Policies Center on our sister website, Safety.BLR.com. The Center advises employers that, if their employees must use cell phones while in their cars, the following safety guidelines may help:



  • Always dial while the car isn’t moving.
  • Never use the phone in heavy traffic or bad weather.
  • Use speed dialing as much as possible.
  • Use a hands-free phone.
  • Never look up phone numbers while driving.
  • Never have stressful conversations while driving.
  • Keep your eyes on the road while on the phone.

The Center includes news coverage on the latest developments in state and municipal cell phone regulations, a training meeting on Driving with Cell Phones, and two sample cell phone policies. Perhaps most useful of all, the Center provides a state-by-state listing of cell phone regulations that is continually updated to reflect the latest changes, such as the five states that have recently banned text messaging while driving.


And cell phones is just one of more than 150 topics in Safety.BLR.com, which was recently re-launched in a new and improved version 2.0.


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