DISTRACTED DRIVING
In 2019, Tennessee had over 23,700 crashes related to distracted driving. That’s nearly five times the national average. On July 1, 2019, Tennessee enacted the “Hands-Free” law which prohibits drivers from holding a cell phone or other electronic communications device while driving on public roadways.
THE LAW
Tennessee Code Annotated § 55-8-199 makes it illegal for drivers to do any of the following while driving on Tennessee roads:
- hold a cellphone or mobile device with any part of their body
- write, send, or read any text-based communication
- reach for a cellphone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt
- watch a video or movie on a cellphone or mobile device
- record or broadcast video on a cellphone or mobile device
- if you’re reading this while driving, it is illegal
THE EXCEPTIONS
You can still use your phone while driving. When talking on the phone, it is permissible to use a hands-free device, such as a speakerphone or Bluetooth. Drivers can utilize GPS while driving, but the directions must be programmed into the device before embarking on the trip. Any action done with the device must be limited to a “one-touch” or “one-swipe” action. While drivers may not hold or touch the device with any part of their body while driving, it is recommended the device be mounted in such a manner as to not obstruct the driver’s view or accessibility to the driver’s controls.
Drivers may still stream music from their devices, so long as the device does not include videos on the screen of the device. Additionally, drivers may not touch the device to activate music while driving.
It is an exception to the law if the driver is making a call for a bona fide emergency, such as calling 911. Additionally, emergency services personnel, such as law enforcement, EMS, or fire, are exempt from the law when utilizing the device when in the actual discharge of their official duties.
THE PENALTIES
Violation of this law is a Class C misdemeanor. A traffic citation based on this violation is considered a moving traffic violation. Fines for violations of the law include:
- $50 = First-time offense
- $100 = Third-time offense or higher; violation results in a car crash
- $200 = Violation occurs in a work zone while workers are present; violation occurs in a marked school zone while flashers are in operation
Each violation of the Hands-Free Law is 3 points on your driver’s license. 12 points will suspend your driver’s license.
For more information on the Hands-Free law, visit HandsFreeTN.com
