State Laws Restricting Driver Use of Mobile Communications Devices Distracted-Driving Provisions, 1992–2010

American Journal of Preventive Medicine, 40(6), pp. 659-665, June 2011

7 Pages Posted: 28 Jul 2012

See all articles by Jennifer Ibrahim

Jennifer Ibrahim

Temple University; Public Health Law Research National Program Office

Evan D. Anderson

Center for Public Health Initiatives, University of Pennsylvania

Scott Burris

Center for Public Health Law Research, Temple University - James E. Beasley School of Law

Alexander C Wagenaar

University of Florida, College of Medicine

Date Written: 2011

Abstract

Background: State laws limiting the use of mobile communications devices (MCDs) by drivers are being enacted at an accelerating pace. Public health law research is needed to test various legislative models and guide future legal innovation.

Purpose: To define the current state of the law, facilitate new multi-state evaluations, and demonstrate the utility of systematic, scientific legal research methods to improve public health services research.

Methods: Westlaw and Lexis-Nexis were used to create a 50-state, open-source data set of laws restricting the use of any form of MCD while operating a motor vehicle that were in effect between January 1, 1992, and November 1, 2010. Using an iterative process, the search protocol included the following terms: cellphone, cell phone, cellular phone, wireless telephone, mobile telephone, text, hands-free, cell and text. The text and citations of each law were collected and coded across 22 variables, and a protocol and code book were developed to facilitate future public use of the data set.

Results: Thirty-nine states and the District of Columbia have at least one form of restriction on the use of MCDs in effect. The laws vary in the types of communication activities and categories of driver regulated, as well as enforcement mechanisms and punishments. No state completely bans use of MCDs by all drivers.

Conclusions: State distracted-driving policy is diverging from evidence on the risks of MCD use by drivers. An updatable data set of laws is now available to researchers conducting mult-istate evaluations of the impact of laws regulating MCDs by drivers. If this data set is shown to be useful for this public health problem, similar rigorously developed and regularly updated data sets might be developed for other public health issues that are subject to legislative interventions.

Keywords: distracted driving, cell phones, hands-free, texting, mobile communications devices, MCDs, public health law, public health law research

Suggested Citation

Ibrahim, Jennifer K. and Anderson, Evan D. and Burris, Scott C. and Wagenaar, Alexander C, State Laws Restricting Driver Use of Mobile Communications Devices Distracted-Driving Provisions, 1992–2010 (2011). American Journal of Preventive Medicine, 40(6), pp. 659-665, June 2011, Available at SSRN: https://ssrn.com/abstract=2118662

Jennifer K. Ibrahim

Temple University ( email )

Philadelphia, PA 19122
United States

Public Health Law Research National Program Office ( email )

Philadelphia, PA 19122
United States

HOME PAGE: http://www.publichealthlawresearch.org

Evan D. Anderson

Center for Public Health Initiatives, University of Pennsylvania ( email )

Philadelphia, PA 19104
United States
2159000359 (Phone)

Scott C. Burris (Contact Author)

Center for Public Health Law Research, Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States
215-204-6576 (Phone)
215-204-1185 (Fax)

HOME PAGE: http://www.phlr.org

Alexander C Wagenaar

University of Florida, College of Medicine ( email )

PO Box 117165, 201 Stuzin Hall
Gainesville, FL 32610-0496
United States

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