It may soon be illegal for Tennessee drivers to talk on the phone without a hands-free device.

The state Senate on Tuesday approved a ban on a 23-7 vote.

Under the legislation, which passed the House earlier this month, the state would prohibit drivers 18 and older from holding or physically supporting a phone while driving — unless they are using an "earpiece, headphone device, or device worn on a wrist to conduct a voice-based communication."

Drivers could also take a call while the phone is mounted onto the dashboard.

The bill would allow a driver to initiate or end a telephone call by using a single button or swipe on a mobile phone. In addition, drivers could send text messages and emails if those are dictated using apps and other devices that convert voice to written communication.

Drivers could face fines of $50.

Young drivers already are prohibited from talking on the phone while driving and the state already bans texting while driving.

Senate Minority Leader Jeff Yarbro, D-Nashville, noted from the floor that Tennessee is first in the nation for distracted driving deaths involving cellphones.

"I don’t think you can look at what's happening in Tennessee and not think this is a deadly, serious issue," Yarbro said.

He said that the state's current distracted driving laws are not doing enough to prevent fatalities.

"It is not being enforced in a way that is actually making a difference in a way that we need," Yarbro said. "I think we right now need to err on the side of saving lives."

Sen. Mike Bell, R-Riceville, opposed the legislation, citing a report from the University of Utah.

"If you think you're going to do something to make our roads safer by saying you can only use a hands free device, according to this article that I pulled up ... there has been over 35 studies that show it’s the actual action of talking, not a hands-free versus a hands-on device," Bell said.

If the measure becomes law, it would take effect Jan. 1, and Tennessee would become the 19th state to ban drivers from using hand-held mobile phones while driving.

It's already illegal in Tennessee to use handheld mobile phones while driving in a school zone. The new legislation expands the ban statewide.

The bill, SB 173 and HB 164, would exclude law enforcement, first responders, utility workers and others using a phone to make an emergency call.

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Distracted driving laws around the nation

According to the Governor's Highway Safety Association, most states place restrictions on the use of mobile phones while driving.

Here's a look:

Hand-held cell phone use: 18 states, Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands prohibit all drivers from talking on the phone without a hands-free device. The laws are primary enforcement measures, meaning law enforcement may cite a driver for using a hand-held phone without other traffic offenses.

All cell phone use: No states completely ban cell phone use while driving for all drivers. But 39 states — including Tennessee — and Washington, D.C., ban all young drivers from using cell phones. In 20 states and D.C., bus drivers are prohibited from using cell phones while driving.

Text messaging: Currently, 48 states — including Tennessee — along with Washington, D.C., Puerto Rico, Guam and the U.S. Virgin Islands ban texting while driving. Four of those states, the ban is a primary enforcement law; Of the states without a ban for all drivers, one prohibits it for "novice drivers."

Source: Governor's Highway Safety Association