Current Laws

Texting while driving is currently illegal in 39 states, and each state implements their own penalty for breaking the texting law. Fines range from as low as $20 in Alabama and

Arkansas, all the way up to a $500 fine in Maryland. There are states that do not have a ban on text messaging while driving. For example, Arizona does not have a no texting and driving law because they believe a ban would “encroach upon personal rights.” (Gardner). There is currently not a federal ban on texting and driving. However, President Obama took action against texting while driving when he passed an executive order in October 2009 banning federal employees from texting while driving when on government business, using government phones or driving government cars. While this ban does not necessarily have a legislative effect on the nation as a whole, the fact that the President publicly denounced texting while driving demonstrates the significance of this issue. Additionally, the US Transportation Department Secretary, Ray LaHood issued a statement declaring that interstate truckers and bus drivers are banned from texting while they are driving commercial vehicles, and could face a fine of $2,750.

While some may disagree with a national ban, most Americans do support some form of legislation to control the incidence of texting while driving. A study conducted by Harris Interactive of 1,008 US adults (ages 18 years of ago and older) showed public support for a law restricting texting and driving. In fact, 80% of those surveyed stated that they would support a complete ban on texting and driving. US House of Representative, Carolyn McCarthy also supports a no texting and driving law. Representative McCarthy introduced a bill in New York that set guidelines with the intent of leading to a federal ban. She argues for a nationwide ban on the basis that distracted driving is not isolated within particular states, and there must be a consistent law for all states. She explains, “Inconsistent laws between states confuse drivers and embolden those who text and drive.”  However, many argue that even if there is a ban on texting while driving, there is  not an effective way to enforce the law. It is difficult for law enforcement officials to catch drivers in the act of breaking the law because people generally hold their phones out of sight, about one foot below eye level while they drive. Additionally, according to the Highway Data Loss Institute, three out of four states with texting bans actually saw an increase in accidents after a ban went into effect. In fact, in the state of Minnesota, accidents increased by 9%. Many argue that a national ban on texting will have similar results, and have other unintended consequences, causing more accidents in the long run. According to Jim Sollisch in his article, “Inconvenient Truths to a Ban on Texting While Driving”,

“People are so addicted to their phones that a ban won’t stop most people from texting while driving. Instead, they’ll put the phones deeper in their laps to avoid detection and the result will be an increase in accidents.”