The Common Law

Talking, Texting, and Driving – What's the Law?

At a recent holiday dinner party, I got into a debate with friends about whether using cell phones while driving was banned. My friend argued that only texting while driving was banned. I think that any use of handheld cell phones while driving is against the law. Who's right?

Neither of you is quite right. Whether using a cell phone while driving violates the law depends on several factors, including who (the type of driver), what (the specific activity the cell phone is being used for), and where (the location of cell phone usage).

Texas law specifically prohibits cell phone usage for certain drivers. For example, a driver with a learner's permit is prohibited from using handheld cell phones in the first 12 months of driving, and drivers younger than 17 with restricted licenses are prohibited from using wireless communication devices. School bus drivers are also prohibited from using cell phones if they have any passengers younger than 17. Federal employees are prohibited from texting while driving government vehicles.

Under current Texas law, the physical location of the handheld device can also trigger the violation. Drivers are prohibited from using any handheld devices in school zones.

Your friendly debate highlights the public's general misunderstanding of cell phone laws in Texas. Misunderstanding about cell phone usage while driving is compounded by multiple cities having their own specific rules on handheld cell phone usage while driving. Cities like Austin and San Antonio, for example, have passed their own ordinances that allow drivers to make calls with handheld cell phones but prohibit texting. In contrast, El Paso prohibits texting and talking on a cell phone within city limits (but hands-free devices are permitted). In other communities, the mere consideration of potential bans by city councils has further perpetuated the public's misunderstanding.

Keep an eye on this year's Texas legislative session as several "distracted driving" bills – many of which would outlaw texting while driving statewide – have already been filed. In the interim, check out this website for more information on using your cell phone while driving in Texas (www.handsfreeinfo.com/texas-cell-phone-laws-legislation), and keep your hands on the wheel and not your cell phone.