Camden

Cell Phone Law 2011

Delaware’s Cell Phone Law Fact Sheet

New Law Effective January 2nd, 2011

Cell phone/texting bills signed into law July 6, 2010. Effective date is 180 days from
date of bill signing (January 2, 2011) to provide for public awareness efforts.

This law will fall under Title 21, Section 4176…it will be Section 4176C.

This law bans texting while driving as well as ban the use of hand held cell phones –
meaning a hands free device would be required to talk on a cell phone while driving.
(However drivers will be allowed to pick up the phone to dial a phone number or to
activate or deactivate their wireless equipment…then they must put the phone down)

It also bans the use of pagers, PDA’s, blackberry’s etc, laptops, games or portable
computers, and two way communication devices while driving.

Drivers cannot read, write or send messages while driving or browse wirelessly.

It is a primary offense, and a civil penalty. No points are assessed.

The fine for the first offense is $50.00 and subsequent penalties are for between $100
and $200 dollars.

Exemptions:

• Law enforcement, firefighter, EMS technician, or other operator of authorized
  emergency vehicles in the performance of their official duties
• Anyone reporting an emergency
• Exempts a person driving or operating a farm tractor, non-registered farm truck or farm equipment
• HAM radio operators
• Business or government employees who use a two way radio mounted or attached to a
  motor vehicle to communicate with a central dispatch, base of operation or with other
  employees (ie: utility companies and DelDOT)

Delaware becomes the 30th state in the nation to ban texting while driving yet only the
8th to also ban the use of hand held cell phones while driving. No state completely bans
the use of cell phones.

To date in 2010, ninety-four (94) crashes have involved the use of a cell phone and
another 17 have involved texting as the distraction.