Talking and Driving - What You Need to Know About Hands-Free Cell Phone Use

Six U.S. states, the District of Columbia and the U.S. Virgin islands have enacted cell phone laws that prohibit driving while talking on handheld phones. However, while any type of driving with a cell phone, either handheld or hands-free, is frequently outlawed for novice drivers (often defined as those under 18, or with a restricted drivers license), currently there is no state that completely bans both handheld and hands-free driving for all drivers.

Increasingly, states are collecting "crash data," or information chronicling whether a cell phone was being used in a vehicular incident. More than 25 states currently collect some form of data, Likely, this type of information will lead toward additional handheld cell phone restrictions.

Hands-free devices, then, are becoming essential accessories to not only those who live in states with such restrictions, but for those who live near them. A working knowledge of the laws of neighboring states in addition to your own state's laws can be critical. For example, Nevada currently has no restrictions, but many Nevada drivers travel regularly to California, which does have restrictions on non-commercial drivers. A headset, then, would be a must-have for travelers taking the lonely drive over I-15 through the desert into California.

California enacted its hands-free laws in July 2008, leading stores selling cellular accessories to report a boom in business as much as six months prior to the July 1 enactment. Visor kits with speakerphones and other installed wireless kits were a hot item with California drivers, along with less-expensive Bluetooth-style earpieces.

When it comes to earpieces, however, an important item of note is wording involving having both ears covered. California's FAQ regarding the law enacted July 1 states "... you cannot have BOTH ears covered." This is true in many states; even those without cell phone laws may have laws regarding driving with headphones. Stereo headsets were cited by law enforcement officers as being problematic, even in headsets that switch to one-ear mode when in telephone mode. While some state laws may be difficult to interpret regarding headphone usage, generally it's best to advise erring on the side of caution.

Another piece of research to keep in mind is the fact that in some cases a hands-free device has shown to be no safer than using a handheld device. The reason given for this is the tendency of many drivers to constantly adjust the earpiece or volume, creating as much of a distraction as the handheld device itself. This might be a reason to consider a product that is installed in the car itself.

Voice-activated dialing is another key feature drivers may look for when upgrading a phone. Since the act of dialing the phone is often prohibited as part of hands-free laws, frequent call-makers may want to invest in a device that either offers voice-activated dialing or has it available as a third-party add-on.

Cell phone safety is increasingly in the news lately; from the commuter train crash in Los Angeles in which the conductor was said to have been texting, to a Florida crash where a child was killed after a semi rear-ended a school bus - reports say the driver of the semi was on his cell phone. The safety of driving and talking on a cell phone is sure to be a hot-button issue for a long time to come.

For detailed information on individual states' hands-free laws visit The Insurance Institute for Highway Safety's cell phone page: http://www.iihs.org/laws/cellphonelaws.aspx