Delaware’s Cell Phone Law Fact Sheet

Delaware’s Cell Phone Law Fact Sheet

· Cell phone/texting bills signed into law July 6, 2010. Effective date is 180 days from date of bill signing (January 2, 2011) to provide for public awareness efforts.

· This law will fall under Title 21, Section 4176…it will be Section 4176C.

· This law bans texting while driving as well as ban the use of hand held cell phones – meaning a hands free device would be required to talk on a cell phone while driving. (However drivers will be allowed to pick up the phone to dial a phone number or to activate or deactivate their wireless equipment…then they must put the phone down)

· It also bans the use of pagers, PDA’s, blackberry’s etc, laptops, games or portable computers, and two way communication devices while driving.

· Drivers cannot read, write or send messages while driving or browse wirelessly.

· It is a primary offense, and a civil penalty. No points are assessed.

· The fine for the first offense is $50.00 and subsequent penalties are for between $100 and $200 dollars.

· Exemptions:

o Law enforcement, firefighter, EMS technician, or other operator of authorized emergency vehicles in the performance of their official duties

o Anyone reporting an emergency

o Exempts a person driving or operating a farm tractor, non-registered farm truck or farm equipment

o HAM radio operators

o business or government employees who use a two way radio mounted or attached to a motor vehicle to communicate with a central dispatch, base of operation or with other employees (ie: utility companies and DelDOT)

· Delaware becomes the 30^th state in the nation to ban texting while driving yet only the 8^th to also ban the use of hand held cell phones while driving. No state completely bans the use of cell phones.

· To date in 2010, ninety-four (94) crashes have involved the use of a cell phone and another 17 have involved texting as the distraction.