Hands-free Device Laws for Calls and Texts in Texas

LAW BLOG  •

January 26, 2016

The laws on cellphone use in cars around the country are downright confusing. Every state has different regulations, and some vary drastically. On top of different state laws, some local jurisdictions have independent ordinances they expect drivers to follow. Here’s what you need to know about using hands-free devices around Texas and in the Houston area.

Hand Held Device Laws

Texas doesn’t ban cellphone use while driving for adults. Those under the age of 18 can’t use a wireless device of any kind while driving. The state bans everyone from using handheld devices in school zones. Forty cities within the state have independent restrictions on cellphone use, but Houston isn’t one of them. Austin has a citywide ban on handheld devices, but it does allow hands-free use.

While the letter of the law doesn’t explicitly prohibit the use of hands-free or handheld devices for calls and texts, you can still get a ticket if the distraction changes your driving patterns. If a police officer sees you’re distracted on the road, it doesn’t matter if you’re using a phone, eating food, or putting on mascara, he or she can pull you over and issue a citation for reckless driving. Typically, using a hands-free device won’t distract an adult driver enough to cause an officer to pull you over, but it’s possible.

Safety Tips

Avoid distracted driving and reckless driving citations with these tips:

  • Do use a hands-free device when you have the opportunity. Talking on a hands-free device may not cause as much of a distraction, but texting with a hands-free device still requires you to read and revise messaging, which can take your attention away from the road. Hand your phone to a passenger or wait to respond to a text message.
  • Treat all technological devices as a potential distraction. Finding the right satellite radio station, adjusting the GPS, or messing with personalized heating and air systems can all become a distraction. Accept momentary discomfort or briefly pull over to make adjustments as needed.
  • Leave extra space between you and other cars in traffic. This gets many drivers in trouble in cities. You’re in standstill traffic and bored, so you start to fiddle with your phone – not paying attention to the flow of traffic. This type of activity causes minor fender benders and major accidents all the time.
  • If you must use the phone, don’t try to hide it. Another big mistake drivers often make is trying to keep phones out of view while they use them. The further you have to move your head to see your phone, the more distracting it becomes. Mount your phone on the dashboard with a holder, and use hands-free functionality when you need it.

Because Texas doesn’t have a statewide ban on handheld cell use, police aren’t likely to pull you over unless you’re seriously distracted. In fact, distracted driving is currently a problem in the police force, as well as with drivers on the road. Police officers aren’t required to follow the same state restrictions as civilian drivers, and there were a multitude of distracted driver accidents involving police in 2015.

Even if you follow the rules of the road and the letter of the law, you should remain cognizant of other drivers on the road. New ordinances in Austin and San Antonio make using handheld phones while driving illegal, but people do it anyway. Watching for reckless behavior on the road could protect you from a distracted driving accident caused by another driver or police officer. If you’re involved in a cellphone-related driving accident, reach out to our Houston office for more information about how to take action.

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