(The 10th amendment of the US Constitution created a patchwork quilt of state laws related to driving, which is why Jalopnik sorts through the red tape to bring you detailed guides to driving topics such as teenage driving, speed limits, open containers, dehorsing and lemon laws.)



We we're tempted to just limit this guide to stating that, unless necessary, you shouldn't use your cell phone while driving (A CB Radio is much cooler anyways). But that would make some of us (ahem, Wert) serious hypocrites. There's no state with an all out ban on all types of cell usage, though approximately half of all states have some sort of laws on the books.


City laws vary so we're going to focus on the current level of statewide cell phone bans. In states with jurisdictional laws we'll list the cities included. It is important to note that Chicago, the city with one of the strictest cell phone use policies, is being sued because of the law. The attorneys that filed the suit are claiming that the ban hasn't been properly enacted. The suit doesn't undermine the legality of enacting such bans, however.


Novice Drivers



The District of Columbia and 17 states currently have laws focused on novice drivers, generally meaning those with learner's permits or restricted/novice licenses. These laws almost always include a full ban on persons driving with learner's permits from using a cell phone in a non-emergency situation. New Jersey doesn't allow drivers under the age of 21 to use a cell phone while driving if they don't have a full, non-graduated license. This is all premised on the theory that young drivers are bad enough as it is without yet another distraction.

Preemption Laws



For various reasons, some states don't allow local municipalities to create cell phone driving bans. States like Florida don't allow local municipalities to make any sort of laws related to the use of motor vehicles, which would include cell phone driving bans. Kentucky, on the other hand, specifically states that city or county governments can't impose driving bans. Localities are explicitly allowed to create cell phone driving bans in six states (Illinois, Massachusetts, Michigan, New Mexico, Ohio and Pennsylvania).

School Bus Drivers



This is sort of no brainer, but only 14 states and the District of Columbia currently have a ban on School Bus drivers talking or texting in non-emergency situations. While we understand why it's a common occurrence, we're a bit surprised to see less states taking action to avoid disasters (we can't imagine there's that strong of a school bus drivers union).

Hands-Free Sets



There's much argument over whether or not hands-free sets are safer, though we tend to doubt it. The few moments we've lapsed on the phone while driving it wasn't because we were looking at the buttons it was because we were paying attention to what was being said. Be that as it may, it's legal to use a cell phone with a hands-free kit according to state laws (city laws may vary).


Primary v. Secondary



As with many laws, including seat belt laws and open container laws, enforcement is either primary or secondary. If it is a primary enforcement law, that means you can get pulled over just for violating it. If it's a secondary law you have to also break an additional law before you can get cited. For example, it's a secondary law in Colorado therefore you'd have to run a stop sign or speed before getting the additional ticket for violating the cell phone ban.


State Laws



These are as of 12/01/2007 and apply only to state-wide laws. Where noted these laws don't go into effect immediately.

Alabama



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Alaska



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Arizona



Hand-Held Devices: Allowed



Bus Drivers: Banned



Novice Restrictions: None



Enforcement: Primary


Arkansas



Hand-Held Devices: Allowed



Bus Drivers: Banned



Novice Restrictions: None



Enforcement: Primary

California



Hand-Held Devices: Yes (as of July 2008)



Bus Drivers: Banned (including transit operators)



Novice Restrictions: 18 and Under (as of July 2008)



Enforcement: Primary


Colorado



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: Learner's Permit



Enforcement: N/A

Connecticut



Hand-Held Devices: Banned



Bus Drivers: Banned



Novice Restrictions: Learner's Permit and Under 18



Enforcement: Primary


Delaware



Hand-Held Devices: Allowed



Bus Drivers: Banned



Novice Restrictions: Learner's Permit and Intermediate Licenses



Enforcement: Primary

Florida



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Georgia



Hand-Held Devices: Allowed



Bus Drivers: Banned



Novice Restrictions: None



Enforcement: N/A

Hawaii



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Idaho



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Illinois



Hand-Held Devices: Chicago Only



Bus Drivers: Banned



Novice Restrictions: Under 19 and Learner's Permit



Enforcement: Primary


Indiana



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Iowa



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Kansas



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Kentucky



Hand-Held Devices: Allowed



Bus Drivers: Banned



Novice Restrictions: None



Enforcement: Primary


Louisiana



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Maine



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: Learner's Permit and Intermediate License



Enforcement: Primary


Maryland



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: Learner's Permit and Intermediate License



Enforcement: Secondary

Massachusetts



Hand-Held Devices: Brookline



Bus Drivers: Banned



Novice Restrictions: None



Enforcement: Primary


Michigan



Hand-Held Devices: Detroit



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Minnesota



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: Learner's Permit and Provisional Licenses for the first 12 months after licensing



Enforcement: Primary


Mississippi



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Missouri



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Montana.



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Nebraska



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: Learners Permit and Intermediate License Holders under 18, includes Blackberry and other wireless devices



Enforcement: Secondary


Nevada



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

New Hampshire



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


New Jersey



Hand-Held Devices: Banned, Including Text Messaging (As Of 3/01/08)



Bus Drivers: Banned



Novice Restrictions: Learner's Permit and Intermediate Licenses



Enforcement: Primary

New Mexico



Hand-Held Devices: Santa Fe



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A



Additional Restrictions:

New York



Hand-Held Devices: Banned



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


North Carolina



Hand-Held Devices: Allowed



Bus Drivers: Banned



Novice Restrictions: Drivers Under 18



Enforcement: Primary

North Dakota



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Ohio



Hand-Held Devices: Brookyln, North Olmstead and Walton Hills



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Oklahoma



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Oregon



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: Learner's Permit and Intermediate Licenses (As of 2008)



Enforcement: Secondary

Pennsylvania



Hand-Held Devices: Lebanon, Conshohocken and Conshohocken



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Rhode Island



Hand-Held Devices: Allowed



Bus Drivers: Banned



Novice Restrictions: Under 18



Enforcement: Primary

South Carolina



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


South Dakota



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Tennessee



Hand-Held Devices: Allowed



Bus Drivers: Banned



Novice Restrictions: Learner's Permit and Intermediate Licenses



Enforcement: Primary


Texas



Hand-Held Devices: Allowed



Bus Drivers: Banned When Students Present



Novice Restrictions: Intermediate License Holders



Enforcement: Primary

Utah



Hand-Held Devices: Banned



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: Secondary


Vermont



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

Virginia



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: Intermediate License Holders



Enforcement: Secondary


Washington



Hand-Held Devices: Banned (As of July 2008) Text Message (As of 2008)



Bus Drivers: Banned



Novice Restrictions: None



Enforcement: Secondary

Washington, D.C.



Hand-Held Devices: Primary



Bus Drivers: Banned



Novice Restrictions: Learner's Permit Holders



Enforcement: Primary


West Virginia



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: Learner's Permit and Intermediate License Holders



Enforcement: Secondary

Wisconsin



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A


Wyoming



Hand-Held Devices: Allowed



Bus Drivers: Allowed



Novice Restrictions: None



Enforcement: N/A

[Sources: Governor's Highway Safety Association and Insurance Institute for Highway Safety]