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Regulatory laws in the United States have placed numerous restrictions on cell phone use by drivers. Individual States have jurisdictional discretion over the use of cell phones and other handheld devices used by drivers on their roads. Many of the resultant laws target novice drivers, while others focus on the use of handsfree devices. The enforcement of the regulations vary widely in degree from state to state, from significant to none; from primary to secondary violations.
The laws regulating driving (or distracted driving) may be subject to primary enforcement or secondary enforcement by state, county or local authorities.[1] 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 hand-held cell phone without any other traffic offense having taken place—except in some cases involving newer, or novice, drivers.[2] 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, failure to stop, etc.) at the same time.
A federal transportation funding law passed in July 2012 known as the Moving Ahead for Progress in the 21st Century Act (MAP-21) provided $17.5 million in grants during fiscal year 2013 for states with primary enforcement laws against distracted driving, including laws prohibiting cell phone use while driving. States with secondary enforcement laws or no laws at all are ineligible to receive this grant funding.[3][4]
No state bans all cell phone use for all drivers. However, California, Connecticut, Delaware, Maryland, Nevada, New Hampshire, New Jersey, New York, Oregon, Vermont, Washington, West Virginia (plus Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands) prohibit all drivers from using hand-held cell phones while driving. 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 while children are present.[2]
Often, local authorities pass their own distracted driving bans—most include the use of cell phones while driving. Several states (Florida, Kentucky, Louisiana, Mississippi, Nevada, Pennsylvania, and Oklahoma) have prohibited localities from enacting preemption laws.[2]
Distracted driving (talking, texting, etc.) is killing people—6,000 every year, with more than 500,000 injured.[16]
The State Farm Insurance company reports that the annual cost of distracted driving due to cell phone use alone is:[17]
Texting while driving
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