Minnesota: Cell phone laws, legislation

Last updated: October 14, 2014
Distracted driving updates: Distracted driving is a factor in one out of four vehicle crashes in Minnesota, the Department of Public Safety estimates. The toll is about 70 deaths and 350 serious injuries a year, officials say. In 2013, there were 63 deaths and 8,038 injuries caused by inattentive drivers in Minnesota.

Minnesota flag for vehicle safetyNo distracted driving legislation found success between 2010 and 2014. State Rep. Frank Hornstein, who heads the House Transportation Committee, says, “The prospects of getting a cell phone ban are not great.” His plan to ban mobile phone use in construction zones failed to gain any traction in 2014.

A texting ban became law in 2008, but State Police complain it is “a very difficult law to enforce.” Regardless, the number of texting & driving tickets has increased every year.

Minnesota has no restrictions on adult drivers’ use of cell phones.

Current prohibitions:

  • Text messaging and Internet use outlawed for all drivers.
  • Drivers under the age of 18 with learner’s permits or intermediate licenses are prohibited from using cell phones.
  • School bus drivers barred from using cell phones for personal reasons while vehicle is in motion.
  • In some cases, distracted drivers can be ticketed for reckless or careless driving, per the Office of Traffic Safety.

Read the statutes: Texting | teen cell phones
Read about the Minnesota seat belt law.

Distracted driving notes (2014):
A pair of bills for 2013-2014 sought to punish those who cause deaths or serious bodily harm while driving distracted, but neither advanced before the session ended. Senate Bill 206 and House Bill 277 were broad bills that also cite aggressive, careless and reckless driving. Text messaging and talking on handheld cell phones were singled out. Fines up to $20,000 and 10 years in prison for multiple offenders.

A Rock County truck driver has been charged with criminal vehicular homicide in the July death of a woman who was biking with her daughters. The driver, Christopher M. Weber, told police he was attempting to do online banking while driving, according to the Star Tribune.

The Department of Public Safety says the April 2014 distracted driving sweep shows more enforcement is needed for texting & driving offenses: “The number of citations made in just those 10 days (550) shows that far too many drivers still make poor choices behind the wheel,” said Department of Public Safety director Donna Berger. “Drivers can and will be ticketed at any time for texting while driving, not just during an enhanced enforcement campaign.” The Distracted Driving Awareness crackdown also resulted in almost 1,400 seat-belt violations.

Inattention was the contributing factor in 17,598 crashes in 2013, the Department of Public Safety Office of Traffic Safety reported. That’s 23 percent of all crashes.

Minnesota texting & driving tickets have increased in number every year since enactment of the law (source: OTS):

  • 2013 – 2,189
  • 2012 – 1,718
  • 2011 – 1,270
  • 2010 – 847
  • 2009 – 388

2013-14 distracted driving legislation:
Senate Bill 206: Seeks to punish drivers for inattentive operation of vehicles resulting in a death or serious injury. Cites handheld cellphone use and text messaging. Fine of up to $3,000, suspension of license and a possible one-year imprisonment. For second offenses, fine of up to $20,000 and possible 10-year imprisonment. Offense is a gross misdemeanor. Includes aggressive, careless and reckless driving such as street racing. Failed to advance. (Carlson)

House Bill 277: Seeks separate penalties for aggressive, inattentive, reckless or careless driving resulting in death or serious bodily harm. Cites texting and handheld cell phone use as inattentive driving. Companion to SB 206, above. Failed to advance. (Atkins)

HB 1949: Would bar cell phone use in construction zones. Failed to advance. (Sawatzky)

2013 distracted driving notes:
State Sen. Jim Carlson says Minnesota doesn’t have “a serious enough charge” for drivers who kill or maim while driving distracted and irresponsibly. His SB 206 would give prosecutors the ability to press gross misdemeanor charges with punishments significantly tougher than those possible under current misdemeanors. Carlson, DFL-District 51, is newly elected but previously served in the state Senate. Rep. Joe Atkins is the House sponsor (HB 277)

At least 378 people died on Minnesota’s roads and highways in 2012, officials say. Distracted driving was “primary contributing factor,” the Department of Public Safety reported in its preliminary fatality report of Jan. 3, 2012. Drunken driving remains the biggest killer.

The traffic fatality count for 2012 will near 400 once all crash reports are in, officials say. The death count was the first increase in Minnesota in five years. In 2011, 368 people died in traffic incidents.

2011-12 distracted driving legislation:
Senate Bill 18: Would ban use of cell phones by all drivers on Minnesota roads and highways. No exception for hands-free operation. (Wigel)

House Bill 85: Mandates a one-year license suspension for drivers who cause a death by operating a vehicle “carelessly or heedlessly in disregard of the rights or safety of others.” (Murrow)

HB 68: Adds “careless driving resulting in death” section to statutes as a gross midemeanor. Approved by the House Public Safety committee on Jan. 31. (Garofalo)

Distracted driving notes (2011-2012):
The wife of ex-Minnesota Viking tight end Joe Senser hit and killed a man while on a cell phone, prosecutors say. Amy Senser then allegedly fled the scene. She was sentenced to 41 months on vehicular homicide charges in July 2012.

The Department of Public Safety says distracted driving accidents are “vastly underreported due to law enforcement’s challenge in determining distraction as a crash factor.” In 2011, about 350 people died in vehicle accidents overall. In 2010, there were 411 traffic deaths.

2010 distracted driving notes:
State Rep. Frank Hornstein, D-Minneapolis, says a bill is being crafted for 2011 that would toughen the state’s distracted driving law. Minnesota was the third state to approve a ban on text messaging and driving. That law went into effect Aug. 1, 2008. A violation is a petty misdemeanor.

Sen. Amy Klobuchar of Minnesota spoke at the Second Distracted Driving Summit in September, noting “no text message is worth dying for.” Klobuchar is a cosponsor of the Distracted Driving Prevention Act and supports the ALERT Drivers Act, both of which push states to adopt traffic laws against text messaging and handheld cell phone use.

A new state group called Pay Attention and Drive is collecting stories from survivors of distracted driving accidents.

Between 2006 and 2008, there were 60,000 accidents in Minnesota blamed on distracted driving. About 200 lives were lost. The Minnesota Department of Public Safety says distracted driving kills 70 people a year and injures another 350. Distracted driving contributes to one in four accidents statewide, resulting in about 70 deaths a year, the department reports.

The Department of Public Safety reported that 930 citations have been written statewide since the August 2008 enactment of the Minnesota text messaging and driving ban (period ending July 2010). In 2009, only 390 tickets were handed out.

Minnesota police conducted a statewide distracted driving crackdown for the second anniversary of the texting and driving ban’s enactment on Aug. 5, 2010. In September, Ramsey County (St. Paul) conducted a text messaging sweep.

The House and Senate transportation committees on March 3 held a joint hearing on cell phone use by drivers. Dave Teater of the National Safety Council and the activist group Focus Driven told how his son was killed by a driver chatting on a mobile phone. Opposing a ban on handheld cell phone use by adults were Verizon Wireless and AT&T. The Verizon spokesman suggested that drivers “if possible suspend the call in heavy traffic.”

Rep. Sandra Masin, D-Eagan, is the chief author of HB 2351.

Mike Jaros, D-Deluth, has sought a complete ban on drivers using cell phones. His stepson was in a vehicle that was rammed by a cell-phoning driver, but survived.

Katherine Burke Moore, deputy director of the Office of Traffic Safety, told the Star Tribune: “We forget that driving is already a multi-tasking activity. Even when we do it every day, we’re checking mirrors, scanning around the car, and watching for brake lights. Any other distraction is unsafe.”

The Department of Public Safety and AAA (Minnesota/Iowa) ran a competition in which teenagers made television PSAs that educate viewers about the dangers of texting while driving. The winning entry was titled “Moms, Alcohol and Texting.”

2010 legislation (dead):
HB 1339: Would outlaw use of handheld cell phones by drivers. School bus drivers and those with instruction permits not allowed to use cell phones at all. Companion to SB 593, below. (Ruud)

SB 593: Seeks to outlaw use of cell phones by drivers, unless a hands-free device is employed. Bans all cell phone use by drivers with instruction permits. Would outlaw use of cell phones by school bus drivers. Companion to HB 1339, above. Approved by the Senate Transportation Committee on March 11 and advanced to a second reading.(Bonoff)

Comments

  1. Absolutely moronic! People are often most productive in their car, using their cell phone. What’s next? Are they going to outlaw eating, drinking, and speaking to another vehicle occupant? How about kids? Kids are probably the biggest distraction possible for a driver. How about we mandate muzzles and hand and foot restraints for children riding in a vehicle? The stupidity of that last proposal pales in comparison to the stupidity of banning cell phone use for those millions of individuals who talk and drive responsibly every day.

  2. Keldi Merton says:

    Best bill ever! Our youth director just put the church van into the ditch near Tettegouch State Park with 8 kids in it because she was texting!!! Livid does not even come close to how I feel right now. What could possibly be more important than the lives of our kids?

    • What a nightmare. A few states have strict laws that make anyone transporting people (bus, van, rail) think twice about texting. Thanks for checking in, Keldi.

  3. Just the other day, I had to make a superhuman maneuver to avoid a young gal that was tooling along at about 72 mph and had her gaze glued on her cell phone. She was paying ZERO attention to road and just wandered into my lane and gave me the “squeeze play” and I had to avoid not only her, but the car that was already in the lane that she shoved me into.

    My million dollar idea is some sort of “jamming mechanism” that does not allow a cell phone to work from the driver’s location. Just some sort of electronic signal that creates a “no cell phone zone” within the car itself!

    I am not a techie, so I don’t know what this would involve, but, if the jammer made it so a cell phone doesn’t even work from the driver’s side, people would cease driving and texting.

  4. I’ve been writing a paper in my College Writing class about Distracted Driving. I think it’s a HUGE topic that people should think about EVERY time they go onto the road. Many things bother me about texting and driving, but the same goes out to underage people talking on the phone. No matter who you are, you think you’re “good” at doing it. It’s not the idea that you are gonna kill or hurt someone, but also the idea that someone else could swerve over into you while you’re distracted. Everyone should put there own little rules out to kids about distarcted driving. Maybe it will save a life or 2.

  5. Joyce C dixon says:

    To me if anyone uses there phone should get a $ 4,000.00 fine… People old or young can not drive and talk on the phone. I have been cut off so many times or a driver is all over the road, I have had people drive right straight to me and I am the one who has to get out of there way, I have seen people not stop at stop signs or lights, I have seen people go through the flashing lights on a school BUS. so I say NO ONE BUT NO ONE should be on the phone.. If I can pull to the side to use my cellphone so should everyone else. If anyone has a accident because of the cell phone they should have to pay a LARGE fine and insurance should go up big time!!!!! I know I am sick of these bad drivers and there phones!!!!!

  6. Barry Svee says:

    Please make a distinction between hands-free devices that are built into the vehicle and accessories that are slapped onto a phone in order to call it hands-free. In my car I press a single large button to place or receive a call that is no less of a distraction than pressing a radio station preset button. My eyes are still down the road and hands are at ten and two. Cell phone accessories may still require the user to fiddle with the phone to some degree and are loosely placed in the vehicle and not installed in a stationary location. Devices built into the vehicle, such as in NAV systems or bluetooth integration, do not deserve to be banned.

  7. A careless driver is a careless driver whether on cell phone or not. The should also ban tight pants because people who wear tight pants may not be able to move their legs free on pedals. I think, this law will not stop accidents. Before the existence of cell phone, there were accidents. I think this is not freedom…it is living in chains. People in third world countries have more freedom than us. We only make noise about freedom while people in Africa and Asia enjoy the damn freedom.

  8. Our elected officials propose and pass laws that continue to infringe upon our freedoms. Constitutional rights are being tossed aside at an exponential rate in America. We will soon get to a place where the only right we have is the right to remain silent and the only freedom we have is to go to work and have the government redistribute our earnings to ensure the continued growth of Government. You can’t legislate and it is not the job of government to attempt to legislate “common sense”.

    Interestingly enough, I got ticketed for using my cell phone while driving. I pulled over onto a McDonalds parking lot and excercised my right to remain silent while the trooper began to write my ticket. A woman nicely dressed but wearing a very short skirt walked across the parking lot towards her car when I heard a crash. Two drivers , having been distracted by this attractive woman in her skirt and heels had hit each other head on. Obviously in a bit of a hurry to get out of the parking lot now congested by the trooper issuing my ticket and the two car accident the woman was a bit fast heading off the lot and onto the street. At the end of the driveway as she attempted to apply her brakes the 4 inch heel of her shoe snagged the carpet of her car and she was t-boned by a driver who didn’t see her. It was reported that the other driver was not on a cell phone but had one hand on a double cheesburger purchased at the Burger King only a block away.

    Although no one had been seriously injured I could hear the siren of the Ambulance racing towards the McDonalds lot which by now began to look more like a demolition derby. Well sure enough, as the ambulance approached the lot another vehicle with a bitchin sound system entered the intersection under a full green light. Unfortunately, not being able to hear the siren of the ambulance the four young men in the vehicle with the bitchin sound system were plowed over by the ambulance. Having completed my ticket the officer handed it to me for my signature. I signed it as the officer told me to remember that cell phone use while driving was dangerous.

  9. I think this law is just another infringement on our rights of freedom. If someone takes the risk of talking on the cell phone and gets into an accident and injury’s someone than they should pay. This is just another example of government taking something that some people can not and should not do and wrecking it for others that are able to talk and drive at the same time or do pull over and talk on the cell phone. I have had people do stupid things in front of me on the highway and some where on the cell phone and some where just driving along. Lets face the simple truth, there are people out there that should have never been allowed to drive. That is why government set up drivers testing stations, so that only qualified and safe drivers where on the road. WOW obviously that worked well. This is just one more way for them to control our daily lives and make money, as if taking the crap out of us isn’t enough.

  10. Anyone who says they can carry on a cell phone conversation while driving a motor vehicle and not be distracted is being dishonest with themselves.

  11. The dept of public safety didn’t care about distractions when the interlocking device was passed, I’ve seen people blowing in that device and are taking there eyes of the road. The dept of public safety is all about money nothing else. They can’t take away one distraction then add another.

  12. I feel that talking on a Hands Free system installed directly into my car and/or a bluetooth type system is perfectly safe. It is NO different than talking to a person sitting inside of your car. Or, are they going to make driving with passengers illegal? Seriously, phone companies and automobile makers have adopted options for drivers to be hands free. I will be Pissed off if I cannot use my Hands Free system that was Installed in my vehicle by the manufacturer.

    Quit Blaming Technology for peoples Faulty driving. Before the state worries about the ones on the phone, they should look into how DUMB people are who are passing the states required (EASY) Behind The Wheel courses! Might just rule out some of those talkers and texters who can’t drive for S#$% to begin with!

  13. I pick up my husband from work every day with my two kids in tow. Where I come in, I do not have a stop sign, every one else does. Those coming from the opposite direction, don’t stop. I have had many a scary moment where I thought I was about to get hit, and EVERY SINGLE TIME that has happened, the other driver has had their hand to a cell phone pressed to their ears. I do not agree with a full on BAN, because sometimes you need to talk on the phone while you’re driving, for directions or just because you’re alone and will be in the car a long time and need a friendly voice to help you focus. Definitely hands free devices should be okay. Blue tooth or into the cars system itself. Doesn’t matter, as long as it’s hands free, because it’s no different than having someone sitting in the car talking with you. It’s not the conversation that is distracting, but the fact you’ve got your hand blocking your peripheral as well as OFF THE WHEEL.

  14. Everyone drives and talks on their phone, texts, or is checking their email. For most there is not enough time in the day. I am guilty of doing this until 3 weeks ago when my mother-in-law was killed by someone who was talking on their cell phone in foggy weather. Just 4 months from retirement. My kids will not have their grandma anymore and my husband will miss his best friend everyday. The sadness and anger I feel cannot be described. Stricter laws definitely need to passed so tragedies don’t happen like this again.

  15. I agree with Susan and i am sorry for your loss. There are so many distractions on the road as it is and as a motorcyclist it is hard to be seen at all. But when someone is on there cell phone that makes it a totally different story. My best friend was on his motorcycle riding on his way back from normandale when a man driving a new chrysler decided to move over and not look — this man was on his cell phone. My friend had to lock the breaks up and crashing into the back of that mans car. He was thrown 30 feet. He was fine but if that man had not been on that phone this would not have happened.

  16. Lora Powell says:

    This is a good website, but you are missing the 2012 legislation 169.13 which does prohibit reckless or careless driving and provides for some measure of enforcement that would include talking on a phone, eating a cheeseburger, messing with music, fighting with kids, etc.

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