Have you ever reached for your cellphone while in the driver’s seat? Whether it’s to read a text message, pull up a map or simply skip a song, using a cellphone while operating a vehicle is against the law in New Jersey, and across much of the United States.
Distracted driving, as defined by the National Highway Traffic Safety Administration, is “any activity that diverts attention from driving.” That could include talking or texting on your cellphone, talking to passengers in your car, or reaching for the stereo, entertainment or navigation system — basically anything that takes your attention away from the task of safe driving.
“You cannot drive safely unless the task of driving has your full attention,” the agency said. “Any non-driving activity you engage in is a potential distraction and increases your risk of crashing.”
Texting is the most alarming distraction, said NHTSA, which reported 3,275 deaths due to distracted driving in 2023. The New Jersey Motor Vehicle Commission said 25% of all accidents involve drivers who use cellphones.
To combat this issue, most states have some sort of law in place to prevent drivers from using handheld electronic devices. As of May 2024, NHTSA reported that 49 states banned text messaging for all drivers. A primary handheld cellphone ban was in place for all drivers in 29 states.
On June 5, a new measure known as “Paul Miller’s Law” went into effect in Pennsylvania, making it illegal to use a handheld cellphone while driving, even while stopped temporarily for traffic, a red light or another momentary delay.
Let’s take a look at New Jersey’s state laws on driver electronic use and the potential consequences of breaking these laws.
New Jersey laws on driver electronic use
Under N.J.S.A. 39:4-97.3, it is illegal to use a handheld mobile phone or electronic device while driving. Sgt. Jeffrey Lebron of the New Jersey State Police said this includes texting, talking, browsing or using apps.
Although it is discouraged, the MVC said drivers may use hands-free technology, such as Bluetooth or dashboard mounts, as long as it does not interfere with standard safety equipment.
Is it illegal to look at a cellphone while stopped at a red light?
Although the vehicle is stopped when at a red light or in traffic, the driver is still considered to be “operating” the vehicle, Lebron said. Therefore, it is illegal to use a handheld device unless the vehicle is legally parked.
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Penalties for using a cellphone or device while driving
The penalties for using a handheld device while driving have increased, the MVC said. Drivers can be fined a minimum of $200 for their first offense and a minimum of $400 for their second offense.
A third offense will bring a $600 minimum fine plus a possible 90-day driver’s license suspension and three motor vehicle penalty points.
Lawful use of a cellphone in emergency situations
There are a number of emergency situations in which a cellphone is legally allowed to be used, but the driver must keep one hand on the wheel at all times.
Under state law, emergency situations include:
The driver has reason to fear for their life or safety or believes that a criminal act may be perpetrated against themselves or another person.
The driver is using the telephone to report a fire, a traffic accident, a serious road hazard or a medical or hazardous materials emergency.
The driver is using the telephone to report the operator of another motor vehicle who is driving in a reckless, careless or otherwise unsafe manner or who appears to be driving under the influence of alcohol or drugs.
In such a situation, the phone user’s telephone records, testimony or written statements from appropriate authorities receiving such calls will be deemed sufficient evidence of the legality of the call.
This article originally appeared on NorthJersey.com: New Jersey’s distracted driving laws, exceptions and penalties