Distracted Driving Laws

One of the most common, tempting, and deadly distractions for teens behind the wheel are cell phones. One in four American teen drivers admit to texting while driving, and 40 percent of 12- to 17-year-olds say they have been in a car where a teen driver used a cell phone in a dangerous way. Although teens and others may not realize it, any cell phone use, whether hand-held or hands-free, while driving is dangerous. In fact, researchers have found that it quadruples crash risk. Just the act of dialing a cell phone increases crash risk by three times. In a naturalistic study of truckers, Virginia Tech researchers reported a 23-fold increase in risk of a crash or near crash when drivers were text messaging.

As of July 2011, 10 states and the District of Columbia (DC) have banned driving while talking on a hand-held cell phone for all drivers, with five of these states making it a primary offense. Text messaging is banned for all drivers in 34 states and DC; 30 states also ban the use of cell phones, including hands-free, for novice teen drivers. Since the number of states enacting various distracted driving laws is very fluid, be sure to check web resources that follow movement in state safety traffic laws, such as the Governors Highway Traffic Safety Association, before providing these numbers.

Recent research from the Insurance Institute for Highway Safety (IIHS) suggests that the first generation of all-driver cell phone ban laws was generally effective at reducing use of hand-held cell phones while driving but not at reducing crashes. It is unclear why. Policymakers should consider cell phone ban laws that include hands-free devices, as well as  supportive activities such as primary enforcement, law enforcement education, publicizing enforcement, and public education and awareness efforts to make them more effective.

NHTSA-funded demonstration programs in New York and Connecticut communities suggest  High Visibility Enforcement (HVE) of laws banning cell phones and texting while driving could be effective. HVE involves dedicated enforcement during specific periods, paid/earned media promoting an "enforcement" message, and evaluation. HVE has successfully addressed seat belt use (Click it or Ticket), impaired driving, and aggressive driving. Policymakers should consider providing funds for HVE when creating in-car cell phone/texting ban legislation.