Washington State Hands-Free Law

Washington - 2010 Update - Governor Signs New Bill into Law

March, 26th 2010 - Washington Senate Bill 6345 Signed by the Governor

Now that the Governor has signed Senate Bill 6345 into law both text messaging and cell phone use without a hands free device while driving becomes a primary offense.

n the past the law was a secondary offense and said that a driver that is violating the text messaging or cell phone law may not be pulled over and ticketed unless they are committing a primary driving offense such as speeding or running a stop sign.

The new law will make text messaging or cell phone use without a hands free device a primary offense.

This gives an officer of the law the ability to ticket a driver based solely on the observation of text messaging or illegal cell phone use.

In addition, Instruction Permit and Intermediate License holders will be prohibited from any cell phone use while driving with the usual exceptions for emergency situations.

The fine for the offense is $124

To read the bill go to the Washington State Website and Read Senate Bill 6345 or visit our Legislative Blog and read our summary of the bill.

Washington Text Messaging and Cell Phone Laws

Washington State has two cell-phone related driving laws that began in 2008.

The first one was EHB 1214 and took effect on January 1st, 2008. EHB 1214 bans text messaging and makes it a traffic infraction.

This is not a hands-free ordinance, but a complete ban on text messaging.

Like similar driving laws across the United States there are exceptions during emergency situations or for on-duty public safety personnel.

This is a secondary enforcement law, which means that you will only receive a ticket if you have been pulled over for another driving violation. Like the hands-free violation, this infraction is not placed on your driving record or reportable to employers or insurance companies.

The other new Washington State driving law that went into effect in 2008 was the hands-free law (ESSB 5037).

This hands-free cell-phone law prohibits the use of a wireless device such as a cell-phone being held to your ear while you are driving.

Unlike the text messaging ban, you are allowed to use your cell-phone if the communication is made using hands-free device such as a bluetooth headset or wired headset.

You can use your cell-phone without a hands-free device if it is a emergency situation or if you are reporting illegal activity.ESSB 5037 does not apply to a person with a hearing aid.

Like the text messaging ban above, the Washington State hands-free driving law is a secondary enforcement law.

You will only receive a ticket for this if you are pulled over for the usual type of traffic violation such as speeding or running a stop sign.

This violation will not go on your driving record and employers and insurance companies will receive no information regarding the violation.

Hands-free devices, such as bluetooth headsets and wired headsets are good choices for hands-free driving.

Bluetooth wireless car kits are also a good option, but they are more expensive than the other two options. In my experience, the wired headsets are an excellent value for the hands-free experience.

For a summary and pictures of the hands- free choices available please check out our article on "Being Hands-Free" on this website.

We will explain all of your hands-free options and give you enough information to make an intelligent choice.