States initially banned drivers from using cell phones to call or text. In 2001, New York became the first state to ban hand-held phone conversations by all drivers. Broader bans that encompass all types of electronic devices, uses beyond texting, and even simply holding these devices seem to be most promising, rather than laws that only target talking or texting. Currently, 13 states (Alabama, Arizona, Georgia, Hawaii, Indiana, Massachusetts, Michigan, Missouri, Oregon, Tennessee, Virginia, Washington and West Virginia) ban drivers from holding electronic devices.
Thirty-five states and the District of Columbia have full bans for teen drivers on all electronic device use, including hands-free use. Little is known about the effects of these laws as currently written. However, the earliest laws against cellphone use by young, novice drivers did not seem to change teens’ behavior as much as laws that apply to all drivers (Foss et al., 2009; Goodwin et al., 2012). This may be because they are harder to enforce.
Electronic device laws by state in detail
IIHS found that the earliest all-driver bans on hand-held phone conversations had large and lasting effects on phone use (Braitman & McCartt, 2010; McCartt et al., 2010).
Studies of the effects of the early hand-held phone and texting bans on crashes are less conclusive.
Early analyses by HLDI found that collision claims either didn’t change or went up with hand-held phone bans (Trempel et al., 2011) and texting bans (HLDI, 2010). IIHS later reviewed 11 studies of the effects of all-driver hand-held phone bans and texting bans on crashes, including the two HLDI studies, and found the results were mixed (McCartt et al., 2014).
A number of later studies showed that fatal crashes fell in states with bans on hand-held phone use (Flaherty et al., 2020; French & Gumus, 2018; Rocco & Sampaio, 2016; Rudisill et al., 2018). However, these studies had methodological limitations and large variation in estimated effects.
Many of the early studies of cellphone bans were conducted before smartphones became ubiquitous. The vastly increased functionality of these devices compared with earlier types of cellphones has fundamentally changed the nature of device-based distraction.
As cell phones have changed, state lawmakers have sought to address different types of device use by drivers beyond talking and texting.
IIHS evaluated the relationship between rear-end crash rates and broad laws in California, Oregon and Washington that prohibit practically all electronic device use behind the wheel. Rear-end crash rates decreased significantly in Oregon and Washington after more comprehensive bans went into effect, but this was not the case in California (Reagan et al., 2023).
The mixed results suggest that the specific wording of the laws and other factors like the severity of penalties seem to make a difference. Oregon and Washington banned any “holding” of an electronic device and specified that the bans apply to times when the vehicle is stopped temporarily. California’s law did not state whether its ban applies to times when the vehicle is stopped temporarily. Also, by prohibiting “holding and using” an electronic device, rather than simply “holding” one, it made it possible, at least theoretically, for a cited driver to argue that they were holding their phone but not using it, and therefore weren’t violating the law.