Distracted driving laws by state: 2026 guide to phone and texting rules
Which states ban handheld phones and texting, how exceptions work and how to check your law
Picture a driver on a cross country move. A text lights up her mounted phone at a red light in Arizona, where the device law does not apply at red lights [1]. In Pennsylvania, the same tap at a light could bring a fine, because that state counts a temporary stop as driving [3].
That patchwork is the core problem with phone laws, because each state writes its own rules, definitions, exceptions and penalties. In 2024, 3,208 people were killed and 315,167 were injured in crashes involving a distracted driver, the National Highway Traffic Safety Administration (NHTSA) reports [8].
This guide covers the main law types, where each state stands, penalties, research and a fast way to check any state’s law.
Six kinds of phone laws, in plain language
An attorney reading a phone law asks who is covered, what is banned and when the ban applies. The answers sort most laws into six types.
Comparison compiled by Safety Behind the Wheel Foundation
| Law type | What it generally restricts | The detail to check |
|---|---|---|
| Handheld (often called “hands free”) law | Holding or using a phone in your hand while driving; voice or hands free use is usually allowed | Whether it bans only calls, or all handheld use |
| No holding law | Holding a phone at all, for any reason | Whether a single tap on a mounted phone is allowed |
| Texting ban | Reading, writing or sending messages by hand | Whether it also covers email, apps, video or browsing |
| Novice or teen ban | All phone use, including hands free, by young or new drivers | The age or license stage that triggers it |
| School bus driver ban | All phone use by school bus drivers | The state’s own definitions and exceptions |
| School or work zone law | Handheld use only inside school or work zones | When the zone counts as active |
Details matter: texting bans in Kansas, Kentucky, North Dakota and Wyoming do not cover entering a name or number to make a call. Connecticut, Georgia, Wisconsin and DC also have catchall laws against inattentive or distracting behavior that can reach any distraction [1].
Where the states stand in 2026
By Drive With Care’s count of the IIHS table, current as of October 2026 [1]:
- Handheld calls banned for all drivers: 32 states and DC. Ohio bans most handheld use but allows holding a phone near the ear for a call.
- Holding banned outright: 21 of those states, matching the number IIHS reported in August 2026 [2].
- Texting banned for all drivers: 49 states and DC. Montana has no statewide ban.
- All phone use banned for novice drivers: 33 states and DC, plus partial rules in Michigan and Oklahoma.
GHSA’s summary, updated October 2025 with laws reviewed in June 2025, counts 33 states, DC and 4 territories with all driver handheld bans. It counts 49 states, DC and 4 territories with texting bans, and 36 states and DC with novice driver phone bans [7].
The handheld and texting totals match once you count Ohio. The novice totals differ by 1 to 3 states, likely reflecting the year between reviews and different ways of classifying partial teen rules. We could not reconcile every state.
State by state at a glance
This table condenses the IIHS table, current as of October 2026, for drivers of ordinary passenger vehicles [1]. “Yes (no holding)” marks the 21 states that ban holding a phone at all. “Limited” means the ban covers only some drivers or places.
Comparison compiled by Safety Behind the Wheel Foundation
| State | Handheld ban, all drivers | Texting ban, all drivers | All phone ban, novice drivers |
|---|---|---|---|
| Alabama | Yes (no holding) | Yes | Yes: age 16, and 17 with intermediate license under 6 months |
| Alaska | No | Yes | No |
| Arizona | Yes (no holding) | Yes | Yes: permit, and intermediate until 6 months or age 18 |
| Arkansas | Limited: ages 18 to 20, school and work zones | Yes | Yes: under 18 |
| California | Yes | Yes | Yes: under 18 |
| Colorado | Yes (no holding) | Yes | No |
| Connecticut | Yes (no holding) | Yes | Yes: under 18 |
| Delaware | Yes | Yes | Yes: permit and intermediate |
| District of Columbia | Yes | Yes | Yes: permit holders and under 18 |
| Florida | Limited: school and work zones | Yes | No |
| Georgia | Yes (no holding) | Yes | No |
| Hawaii | Yes (no holding) | Yes | Yes: under 18 |
| Idaho | Yes | Yes | No |
| Illinois | Yes | Yes | Yes: under 19 with permit or intermediate |
| Indiana | Yes (no holding) | Yes | Yes: under 21 |
| Iowa | Yes (no holding) | Yes | No |
| Kansas | Limited: active school and work zones | Yes | Yes: permit and intermediate |
| Kentucky | No | Yes | Yes: under 18 |
| Louisiana | Yes (no holding) | Yes | Yes: first year after first license |
| Maine | Yes | Yes | Yes: permit and intermediate |
| Maryland | Yes | Yes | Yes: under 18 |
| Massachusetts | Yes (no holding) | Yes | Yes: under 18 |
| Michigan | Yes (no holding) | Yes | Partial: no calls, even hands free, for permit and intermediate |
| Minnesota | Yes (no holding) | Yes | Yes: permit under 18, and intermediate |
| Mississippi | No | Yes | No |
| Missouri | Yes (no holding) | Yes | No |
| Montana | No | No statewide law | No |
| Nebraska | No | Yes | Yes: permit and intermediate |
| Nevada | Yes | Yes | No |
| New Hampshire | Yes | Yes | Yes: under 18 |
| New Jersey | Yes | Yes | Yes: permit and intermediate |
| New Mexico | No | Yes | Yes: permit and intermediate |
| New York | Yes | Yes | No |
| North Carolina | No | Yes | Yes: under 18 |
| North Dakota | No | Yes | Yes: under 18 |
| Ohio | Mostly: phone may be held near the ear for a call | Yes | Yes: under 18 |
| Oklahoma | Limited: permit and intermediate, school and work zones | Yes | Partial: handheld use only |
| Oregon | Yes (no holding) | Yes | Yes: under 18 |
| Pennsylvania | Yes (no holding) | Yes | No |
| Rhode Island | Yes | Yes | Yes: under 18 |
| South Carolina | Yes (no holding) | Yes | No |
| South Dakota | No | Yes | Yes: permit and intermediate |
| Tennessee | Yes (no holding) | Yes | Yes: permit and intermediate |
| Texas | Limited: school crossing zones | Yes | Yes: under 18 |
| Utah | No | Yes | Yes: under 18 |
| Vermont | Yes (no holding) | Yes | Yes: under 18 |
| Virginia | Yes (no holding) | Yes | No |
| Washington | Yes (no holding) | Yes | Yes: permit and intermediate |
| West Virginia | Yes (no holding) | Yes | Yes: under 18 |
| Wisconsin | Limited: work zones and roadside response areas | Yes | Yes: permit and intermediate |
| Wyoming | No | Yes | No |
The table covers noncommercial drivers only and does not show enforcement type, fines or local rules. For California, Hawaii, Idaho, Indiana, Iowa and Ohio, the texting “Yes” comes from a broader handheld device law rather than a texting specific clause [1].
Primary vs. secondary enforcement
With primary enforcement, an officer can stop you for the phone violation alone. Secondary enforcement requires another reason first, such as speeding. A secondary law is still the law. You can still be cited under it.
GHSA reports that, as of October 2025, every all driver handheld ban is a primary law except those in Alabama and Missouri. All but 6 state texting bans are primary [7]. Federal money nudges states that way: under NHTSA’s grant rules, a state with a secondary law gets half the grant a primary law state can receive [9].
Exceptions: emergencies, red lights, parking and mounts
Exceptions cause most of the confusion, and most of the courtroom arguments.
Emergencies. Federal grant rules let state laws allow calls to emergency services [9]. Pennsylvania permits contact with police or emergency services to prevent injury or damage. New York allows calls to 911 or emergency responders [3, 5].
Red lights and parking. Pennsylvania counts any temporary stop for traffic or a signal as driving [3]. Arizona’s law does not apply while stopped for a red light or a train. Illinois allows use when traffic is stopped and the car is in neutral or park. Many states allow use only after you pull off the road where the car can safely stay [1]. To qualify for federal grants, a state’s law cannot exempt texting while stopped in traffic [9].
Mounts and single taps. In Alabama, California, Maine and Tennessee, a single swipe or tap is allowed only when the phone is mounted to the vehicle [1]. Oregon treats use of a hands free accessory as an affirmative defense, which means you may need to prove it in court [1]. Check windshield rules before placing a mount.
Penalties: what a ticket can really cost
The fine is often just the first of five layers.
- The base fine. Pennsylvania’s handheld law took effect June 5, 2025, with a 12 month warning period. Since June 5, 2026, a conviction brings a $50 fine plus court costs and fees [3].
- Repeat offenses. In New York, a first offense carries a $50 to $200 fine. A second within 18 months can reach $250 and a third $450, plus a surcharge of up to $93 [5].
- Points. New York adds 5 points to your record [5]. Pennsylvania’s separate texting ban carries no points for noncommercial drivers [3].
- License action. In New York, a junior driver or permit holder faces a 120 day suspension for a first conviction [5].
- Crash consequences. In Pennsylvania, a driver convicted of homicide by vehicle while distracted may face up to 5 more years in prison [3].
A conviction may also raise your insurance costs, depending on your state and insurer.
Commercial driver’s license (CDL) holders face another layer. A state texting or handheld violation in a commercial vehicle is a serious traffic violation under federal rules. Two within 3 years bring a 60 day disqualification. With 3, the disqualification lasts 120 days [6].
Rules for teens and new drivers
Teen rules are often the strictest, because many ban hands free use too. What triggers the ban varies [1]:
- Age: Under 18 is most common, but Indiana’s ban covers drivers younger than 21.
- License stage: Many states cover permit and intermediate license holders. Illinois covers drivers under 19 who hold either one.
- Time: Louisiana’s ban lasts for the first year after a driver gets a first license.
- Partial rules: Michigan bars permit and intermediate drivers from calls, even hands free. Oklahoma bars them from handheld use.
There is a catch: a 2014 IIHS review found teen phone bans had not been shown to reduce teen phone use [10]. That makes family rules all the more important.
Commercial drivers, school bus drivers and federal employees
Truck and bus drivers. Federal rules bar commercial motor vehicle (CMV) drivers from texting or using a handheld mobile phone while driving, including brief stops for traffic or a signal [4]. Drivers may use a phone to reach police or emergency services. Motor carriers may not allow or require violations [4].
School bus drivers. GHSA counts 25 states and DC that ban all phone use by school bus drivers, as of October 2025 [7].
Federal employees. Executive Order 13513, signed in 2009, bars federal employees from texting while driving a government vehicle or their own vehicle on official business. It also covers government supplied devices. Its definition of texting includes entering or reading navigation information [11].
Do handheld bans work? What the research shows
The evidence is strongest for broad handheld bans and weakest for texting only laws.
Comparison compiled by Safety Behind the Wheel Foundation
| Type of law | Effect on phone use | Effect on crashes or deaths |
|---|---|---|
| All driver handheld ban | Lasting drops in handheld use | Linked to fewer deaths in some studies |
| No holding or comprehensive ban | Easier for police to spot and enforce | Fewer rear end crashes in 2 of 3 states studied |
| Texting only ban | Effect on texting unknown | Weaker or no link to fewer deaths |
| Teen all phone ban | Not shown to reduce teen phone use | Not well established |
Behind that summary:
- Phone use drops and stays lower. After early handheld bans in DC, Connecticut and New York, handheld use fell right away by 41%, 76% and 47%. Years later, it was still 43%, 65% and 24% below expected levels, though some drivers may have switched to hands free [12].
- Fewer deaths in some studies. Using 2000 to 2014 federal fatal crash data, one study linked universal handheld calling bans with about 10% fewer non alcohol related driver deaths. Texting bans showed no such link [13].
- Fewer rear end crashes in two states. After stronger laws, Washington’s rear end crash rate fell 7.6% and Oregon’s injury rear end crashes fell 10.9%. California saw no significant change, which the IIHS authors tied to differences in wording, enforcement and penalties [14].
- A mixed overall picture. A 2014 review of 11 studies called the safety effects of phone laws unclear [10].
Why might broad laws work better? A no holding rule is easy to see from a patrol car. A texting only law forces an officer to guess what a thumb is doing. IIHS says sweeping laws are easier to enforce and more effective [2].
Data limits matter too. Police reports tied 437 deaths in 2024 to crashes involving cellphone use [8]. Yet an IIHS study of 2021 to 2024 telematics data from four states found police undercounted phone use by at least 7 times [2].
The law is a floor, not a safety standard
Laws are compromises: federal grant rules, for example, let state laws allow navigation use and a single tap or swipe to start hands free features [9]. Those exceptions make laws easier to pass and follow, but they do not make the activity safe.
The Centers for Disease Control and Prevention (CDC) describes three kinds of distraction: eyes off the road, hands off the wheel and mind off driving [15]. A hands free call can remove the second, but not the third. At 55 mph, you cover about 81 feet per second, by our calculation. So a 3 second glance covers more than 240 feet.
A safer standard is easy to remember: set it, silence it, park it. Set your route before you move. Silence alerts with a driving focus mode. Park in a safe spot for anything else.
How to look up your state's law in 5 minutes
- Minute 1: Get oriented. Find your state in the IIHS table or GHSA summary, note the as of date and treat it as a map, not the law [1, 7].
- Minute 2: Find the official source. Go to your state legislature’s statute site, your DMV and your highway safety office. Look for a .gov address and skip lookalike “DMV” sites run by private companies.
- Minute 3: Read the definitions. See how the law defines “driving,” “use,” “hands free” and “electronic device,” including whether a red light counts as driving.
- Minute 4: Check your category and the exceptions. Look for rules on age, license stage, CDLs, school buses, and school or work zones. Then read the exceptions for emergencies, parking, navigation and mounts.
- Minute 5: Check dates, penalties and local rules. Confirm the effective date and any warning period. Note first and repeat penalties, points and license action, then check city or county rules.
Save the official link and the date you checked it. Recheck when a teen moves to a new license stage. On a multistate trip, follow the strictest rule on your route.
Frequently asked questions
Is it illegal to hold your phone while driving?
In 21 states, holding a phone at all is banned. Another 11 states and DC ban handheld calls or use. Ohio bans most handheld use [1, 2]. Elsewhere, holding a phone may be legal for adults, but texting is banned everywhere except Montana [1].
Is it legal to use GPS on my phone while driving?
Usually, if the phone is mounted and you touch it no more than the law allows. Several states allow only a single tap or swipe on a mounted phone [1]. Teen rules may be stricter. Enter your destination before you drive.
Can teens use hands free calls?
In 33 states and DC, no, because novice drivers there may not use phones at all, even hands free [1]. The age or license stage varies by state.
Does a distracted driving ticket go on your record?
It depends on the state and offense. New York adds 5 points [5], while Pennsylvania’s texting violation carries none for noncommercial drivers [3]. For CDL holders, violations in a commercial vehicle count toward disqualification [6].
Can my city have stricter phone rules than my state?
Sometimes, but GHSA names at least 10 states that block local phone bans, including Florida, Iowa, Pennsylvania and South Carolina [7]. Elsewhere, check city and county rules too.
The bottom line
Recommendation from Safety Behind the Wheel Foundation
Know the rule where you drive, but do not stop there. Set your phone up before you shift into drive. Keep it out of your hand at every stop. Save everything else for a safe parking spot.
Related articles
- Distracted driving explained: how attention fails and how to protect it
- Hands free, voice and touchscreen distraction: how to lower your risk
- Phone setup before driving: set it once, then drive distraction free
- Distracted driving policy at work: a guide for employers and drivers
- Graduated driver licensing: a parent’s roadmap from permit to full license
Sources and further reading
- 1Insurance Institute for Highway Safety. Electronic device laws (state-by-state table; noncommercial drivers). Current as of October 2026. iihs.org/research-areas/distracted-driving/electronic-device-laws
- 2Insurance Institute for Highway Safety. Study shows police reports undercount cellphone use before crashes. News release. August 27, 2026. iihs.org/news/detail/study-shows-police-reports-undercount-cellphone-use-before-crashes
- 3Pennsylvania Department of Transportation. Distracted driving laws fact sheet (Paul Miller’s Law and texting ban). No date shown; accessed October 2, 2026. pa.gov/…/distracted-driving-laws-fact-sheet.pdf
- 4Electronic Code of Federal Regulations. 49 CFR Part 392, Subpart H (texting ban, 392.80; hand-held mobile telephone ban, 392.82). Current as of October 1, 2026. ecfr.gov/current/title-49/…/part-392/subpart-H
- 5New York State Department of Motor Vehicles. Cell phone use and texting. No date shown; accessed October 2, 2026. dmv.ny.gov/points-and-penalties/cell-phone-use-and-texting
- 6Electronic Code of Federal Regulations. 49 CFR 383.51, Disqualification of drivers (Table 2, serious traffic violations). Current as of September 30, 2026. ecfr.gov/current/title-49/…/section-383.51
- 7Governors Highway Safety Association. Distracted driving (state law summary). Last updated October 2025; laws reviewed by state highway safety offices June 2025. ghsa.org/state-laws-issues/distracted-driving
- 8National Highway Traffic Safety Administration. Distracted driving in 2024. DOT HS 813 790. April 2026. crashstats.nhtsa.dot.gov/…/813790
- 9Electronic Code of Federal Regulations. 23 CFR 1300.24, Distracted driving grants. Current as of September 30, 2026. ecfr.gov/current/title-23/…/section-1300.24
- 10McCartt AT, Kidd DG, Teoh ER. Driver cellphone and texting bans in the United States: evidence of effectiveness. Annals of Advances in Automotive Medicine. March 2014. IIHS bibliography record. iihs.org/topics/bibliography/ref/2066
- 11Executive Office of the President. Executive Order 13513: Federal leadership on reducing text messaging while driving. 74 FR 51225. Signed October 1, 2009; published October 6, 2009. federalregister.gov/d/E9-24203
- 12McCartt AT, Hellinga LA, Strouse LM, Farmer CM. Long-term effects of handheld cell phone laws on driver handheld cell phone use. Traffic Injury Prevention. March 2010. IIHS bibliography record. iihs.org/topics/bibliography/ref/1705
- 13Rudisill TM, Chu H, Zhu M. Cell phone use while driving laws and motor vehicle driver fatalities: differences in population subgroups and location. Annals of Epidemiology, 28(10):730-735. 2018. sciencedirect.com/science/article/abs/pii/S1047279717308098
- 14Reagan IJ, Cicchino JB, Teoh ER, Cox AE. The association between strengthened cellphone laws and police-reported rear-end crash rates. Journal of Safety Research. September 2023. IIHS bibliography record. iihs.org/topics/bibliography/ref/2260
- 15Centers for Disease Control and Prevention. About distracted driving. Last reviewed January 28, 2026. cdc.gov/distracted-driving/about
This article reflects the priorities of traffic safety policy and law. It is general education, not legal advice for any individual, ticket or case. Laws, penalties and data change, so verify with official state sources and the trackers linked above. Reviewed October 2026.
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