Driving in Delaware: Hands-on cell phone use could cost you

Mary Lou Jay

“Phone Hands Free. Arrive Alive DE.”

That's one of the slogans that the state of Delaware has used to introduce its new ban on texting and on the use of handheld cell phones while driving. Effective Jan. 2, 2011, drivers in the state who want to chat on their cell phones must use a hands-free device. The new law also prohibits drivers' use of pagers, PDAs and similar devices as well as games or portable computers, according to the Delaware Office of Highway Safety.

Delaware isn't cutting drivers any slack in enforcing its newest driving law. There's no warning period -- from the day the law went into effect, first offenders can be fined $50. The penalty doubles for a second offense and eventually can hit $200 for repeat offenders.

The Delaware law does have a few exceptions. Drivers are allowed to pick up the cell phone to dial a number, although they must put it down right away. They also can pick up the phone to activate wireless cell phone equipment. Drivers who see an emergency situation like an accident, a road hazard or a reckless driver are permitted to use a handheld device to alert authorities. Law enforcement personnel, firefighters, EMS technicians and similar emergency responders may use a handheld cell phone for official duties.

The handheld cell phone prohibition is part of Delaware's campaign to combat distracted driving. Delaware State Police have reported that cell phone use contributed to 230 crashes there in 2009. But the problem extends far beyond the state's boundaries. According to the Insurance Institute for Highway Safety, drivers who use handheld devices are four times more likely than others to get into crashes serious enough to injure themselves.

Delaware is just the latest state to take action against cell phone use by drivers. Thirty states (plus Guam and Washington, D.C.) now ban texting while driving, according to a comparison of cell phone and texting laws by the Governors Highway Safety Association. Delaware is the eighth state to ban drivers' use of handheld cell phones, following the example of nearby states (Maryland, New Jersey and New York, as well as the District of Columbia.)

Thirty-eight states prohibit texting by novice drivers, according to the Governors Highway Safety Association. Eighteen states have laws prohibiting school bus drivers from using cell phones when their vehicles have passengers, and two states prohibit them from texting while driving.

Cell phone bans might cost drivers some convenience. But following the law could help you avoid traffic tickets and accidents -- and keep your auto insurance premiums down.