A person who drives a motor vehicle while holding a cell phone or other wireless communications device to his or her ear is guilty of a traffic infraction. The purpose of this law is to discourage distracted driving and prevent motor vehicle accidents.

Exceptions include:
  • emergency vehicles, or tow truck responding to a disabled vehicle
  • driving while using a hands free wireless device
  • using a cell phone or hand-held device to report an illegal activity, summoning emergency help (9-1-1), or to prevent injury to a person or property
  • using a hearing aid
This law does not pertain amateur radio operators or stations.

Hands free mode includes using a speaker phone, headset or earpiece.

This law supersedes any local laws, ordinances or regulations.

Enforcement of this law was made a primary offense by the Washington State legislature, effective June 2010.

Infractions of this law will not become part of the driver's record and reported to insurance companies or employers.

Teenage drivers are strictly prohibited from using a cell phone while driving, even a hands-free device. Parents will be notified if a teenager is caught violating this law. If a teen has two or more infractions of this law, they can lose their driver's license.

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With the help of The Farber Law Group, a Washington law firm experienced and knowledgeable in handling auto accident cases, you may be able to recover the full amount of your damages. Please contact us for more information and to schedule a free consultation.