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  • Aug 19th, 2024

When Can Drivers Legally Use Their Cell Phones in Washington State? You Can Talk, but Better not Touch!

It pays to be completely "hands-free" if you drive in our state. And when Washington State law says hands-free, it means it! The laws regarding distracted driving were enacted in 2017 and are very specific and highly restrictive. They are not unique to our state, however; 21 states and the District of Columbia have similar restrictions:

  • If you hold your phone while driving your car, even to answer a call, you are in violation of the law.
  • If you adjust your GPS while driving, you are in violation of the law.
  • And we shouldn’t even have to say it, but if you text and drive, you are in violation of the law.

To be clear, you can make or take a phone call in your car. Any cell phone–based call must be initiated, answered, or ended through a Bluetooth device or with "minimal use of a finger to activate, deactivate, or initiate a device function." You can also use your cell phone's GPS in your car—if you set the map before you hit the road and leave it alone throughout your trip (or can interact with it without typing). These restrictions apply to any personal electronic device, such as cell phones, tablets, laptops, two-way messaging devices, or electronic games.

Can I Use My Cell Phone While Stopped at a Light or in Traffic?

According to Washington's distracted driving laws, it does not matter whether you are stopped at a traffic light or driving at highway speeds on I-90. If you are moving on the road or stopped in traffic, these prohibitions on cell phone and personal electronic device use are the same. Drivers can only use their phone, without restrictions, if they are safely parked on the roadway’s shoulder or otherwise off the roadway.

A passenger in the car may use a cell phone or personal electronic device, assuming the driver does not have an instructional permit or intermediate license. For student drivers or young drivers with intermediate licenses, the laws do not allow their use of wireless devices (even hands-free use) in the car. After earning their intermediate license, they are not permitted to use cell phones or any other personal electronic device in the vehicle until they are fully licensed.

There is only one allowable exception for using a handheld cell phone or personal electronic device for drivers of private vehicles—to call 911 to summon medical or other emergency help, to report illegal activity, or to prevent injury to a person or property. This also applies to holders of instructional permits or intermediate licenses.

Commercial Vehicles Are Exempt

Taxis and other commercial vehicles may be exempt from these laws, which do not forbid the use of CB radios "or a device permanently affixed to the vehicle" that is essential to their businesses.

What does this mean for Uber and Lyft drivers, whose cars are not considered commercial vehicles? Typically, they use their connected devices to (1) accept a ride request, (2) navigate to the pickup location, and (3) navigate to the selected destination. Rideshare drivers are not exempt from the distracted driver regulations: They would have to pull off the road to use their connected devices. However, according to the Washington State Driver Guide, they can use a “voice-operated global-positioning or navigation system permanently affixed to the vehicle, and that allows the user to send or receive messages without diverting visual attention from the road or engaging the use of either hand.”

If ticketed, the monetary fine for each offense can be as high as $250. Importantly,  citations for distracted driving will affect insurance premiums—and not in a good way!

Frequently Asked Questions

Can I hold my phone while driving?

No. Your phone has to be in a holder or bracket, or put away while you are driving your car.

Can I use my cell phone’s GPS while driving?

Yes, but you cannot make manual adjustments to it while driving your car. The destination and route must be set before starting your drive.

Can I use my car's hands-free system to operate the phone?

Yes, you can make and answer calls with your Bluetooth-enabled device or through your car's connectivity controls (e.g., steering wheel or voice-activated command interface).

How can I reduce my chances of distracted driving?

You can turn your cell phone off or use the "Do not Disturb" setting on the device, and check for any messages once you reach your destination. Never attempt to text or check others' texts or pictures while operating a vehicle.

What to Do if Your Car is in an Accident

If you or a loved one is hit by a distracted driver, or are in any collision, contact experienced car accident lawyer David Ranz at Ranz Injury Law for free, no-obligation case evaluation.

 

Citations

Washington RCW 46.61.672 - Using a Personal Electronic Device While Driving

Washington RCW 46.61.673 - Dangerously Distracted Driving

Washington State Department of Licensing – Washington Driver Guide

Ranz Law – Car Accident Attorney

Ranz Law – Motorcycle Accident Attorney

Ranz Law – Truck Accident Attorney

Governors Highway Safety Association - Distracted Driving Laws by State

Insurance Institute for Highway Safety - Electronic Device Laws

CarInsurance.com - Texting and Driving Laws – Penalties by State

Ranz Law – 7 Things to Know Before You Teach Your Teen to Drive

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