On April 22, 2019, Arizona Governor Doug Ducey signed legislation which requires the use of hands-free electronic devices while driving. HB2318, which is codified as A.R.S. § 28-914, makes it illegal to drive while holding a “portable wireless communication device” or a “stand-alone electronic device.” “Portable wireless communication devices” include cell phones, satellite phones, text-messaging devices, personal digital assistants, computers, and GPS devices. However, it does not include radios or in-vehicle navigation systems. “Stand-alone electronic device” includes any portable device capable of writing, sending, or reading any text-based communication, including text messages, instant messages, emails or internet data.
The new law still allows drivers to hold their cell phones while parked or stopped at a red light or railroad crossing. Drivers can also hold their cell phones to report illegal activity or call 911. There is also an exception for devices which are “permanently or temporarily affixed” to the motor vehicle to relay information between a professional driver and a dispatcher, including cell phones used by transportation network services like Uber and Lyft. Drivers may also continue to use earpieces, headphone devices, and smart watches. This includes speaking into a smart watch to make a phone call or send a text message.
The legislature also amended A.R.S. § 28-963 which prohibits watching a broadcast television image or a visual image while driving. The statute now specifically bans watching a video or movie on a cell phone or electronic device. The amendment also bans the recording or broadcasting of a video on a cell phone or electronic device, even though it does allow use of such devices “for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.”
While the statewide ban goes into effect immediately, officers may not issue citations for using a cell phone or text messaging while driving until January 1, 2021. Until then, officers are only allowed to issue a warning. Despite the delay in enforcement of the new state law, several Arizona cities have already passed distracted driving laws, and officers in those cities can continue to issue citations for violation of local laws at any time. For example, Tempe, Glendale, Surprise, Phoenix and Tucson all have local ordinances which restrict cell phone use while driving.
Thomas, Rubin & Kelley PC regularly defends cases which involve the alleged use of cell phones while driving. Please contact us if you have questions regarding Arizona’s motor vehicle laws, or need assistance with any of your Arizona motor vehicle accident cases.