Understanding the Hands-Free Law in Texas: What Every Driver Should Know

In Texas, distracted driving has become a significant issue, contributing to thousands of accidents each year. The state’s Hands-Free Law aims to reduce the number of crashes caused by drivers using cell phones while on the road. Understanding what the law entails and how it impacts drivers can help keep you and others safe while avoiding costly fines and legal consequences. Here’s what every Texas driver should know about the Hands-Free Law. If you’ve been injured in an accident caused by a distracted driver, the Texas Hands-Free Law may play a role in determining liability. Proving the at-fault driver was distracted can strengthen your case and may lead to fair compensation for your injuries. Contacting an experienced Dallas personal injury attorney can help you navigate the complexities of your case and understand your rights under Texas law.

What Is the Hands-Free Law in Texas?

The Texas Hands-Free Law, officially called House Bill 62, took effect on September 1, 2017. This law prohibits the use of handheld devices while driving. Essentially, it’s illegal to text, email, or otherwise use a mobile device without hands-free technology while operating a vehicle. This includes any form of typing, reading, or sending electronic messages.

Key Points of the Law

• No Texting While Driving: The law explicitly forbids drivers from sending, reading, or writing any form of electronic message while on the road.
• Use of Handheld Devices: Although the law allows for hands-free technology, holding the phone or other electronic devices in your hand for texting, calling, or navigation is prohibited while driving.
• School Zones: The use of handheld devices is strictly forbidden in active school zones, even if hands-free options are available.
• Young Drivers: Drivers under the age of 18 are banned from using any electronic communication device while driving, even hands-free.
• Bus Drivers: School bus drivers are also prohibited from using cell phones when children are present, regardless of the device’s hands-free capability.

Exceptions to the Law

While the Hands-Free Law is strict, there are some specific exceptions:

1. Emergency Situations: Drivers are allowed to use a handheld device in emergency situations, such as reporting a crime, calling for emergency assistance, or contacting first responders.
2. Stopped Vehicles: The law only applies when a vehicle is in motion. If you are stopped at a light or parked safely, you are legally allowed to use your phone, though it’s still recommended to stay alert.
3. Hands-Free Use: Drivers are permitted to use hands-free technology, including Bluetooth, speakerphone, and in-car systems, to make and receive calls without holding the phone.

Why the Hands-Free Law Is Important

The law is designed to protect both drivers and pedestrians from the dangers associated with distracted driving. Research shows that using a cell phone while driving—whether for texting, calling, or navigating—significantly increases the risk of an accident. By implementing the Hands-Free Law, Texas aims to reduce these risks and improve overall road safety.

Penalties for Violating the Hands-Free Law in Texas

Violating the Hands-Free Law can result in fines and legal consequences.

• First Offense: Fines for the first offense can range from $25 to $99.
• Subsequent Offenses: For repeat offenders, fines increase to $100–$200.
• Serious Consequences in Case of Injury: If a distracted driver causes an accident that results in injury or death, the legal consequences are far more severe, potentially leading to misdemeanor or felony charges depending on the circumstances.

How to Follow the Hands-Free Law

Here are some ways to ensure compliance with Texas’s Hands-Free Law:

1. Use Bluetooth or Speakerphone: If your vehicle has built-in Bluetooth, connect your phone to your car before driving. This allows you to make and receive calls hands-free.
2. Install a Mount for Navigation: Mount your phone on the dashboard if you need it for GPS. Many phone mounts allow you to keep the screen visible without holding the device.
3. Turn on Do Not Disturb: Activate the “Do Not Disturb” feature on your phone while driving to block incoming notifications. Many smartphones also have a feature that automatically sends an “I’m driving” reply to texts and calls.
4. Invest in Hands-Free Accessories: Devices like earpieces or voice-activated assistants (e.g., Siri, Google Assistant) make it easier to stay connected without violating the law.

The Future of the Hands-Free Law in Texas

As distracted driving remains a serious safety issue, future legislation may expand the restrictions or increase penalties for violations. Lawmakers may consider stricter hands-free regulations or add more educational programs to increase awareness.