Drivers, Put Those Cellphones Down!
Currently, the law in Colorado prohibits individuals under the age of eighteen (18) from using cell phones while driving. Beginning January 1, 2025, the ban will extend to individuals eighteen (18) years of age and older. The Colorado Legislature recently passed Senate Bill 65, which Governor Polis signed into law in June, prohibiting drivers eighteen (18) years of age and older from using their mobile devices unless they are “hands-free.” The law was promulgated to crack down on distracted driving and promote safety on our roads. Distracted drivers, whether using their phones, changing radio channels, or eating while driving cause serious injuries and fatalities every year in Colorado.
The Colorado Department of Transportation (CDOT), legislators, and the state patrol note that enforcing a ban on the use of cellphones while driving addresses one of the most easily preventable driving distractions. In 2023, CDOT conducted a survey and found that 76% of Colorado drivers reported using their mobile devices while driving. That number was up from 67% in 2022. According to CDOT, distracted driving results in over 15,000 crashes in Colorado each year. There were sixty-nine (69) fatalities involving distracted drivers in Colorado in 2022. CDOT reported that distracted driving was the third leading cause of traffic crashes in 2021 and 2022.
The bill passed but not without controversy. Defense attorneys and civil rights activists wanted to ascertain the law protected individuals from potential discrimination. Therefore, the bill was amended, prior to passage into law, to require police to give tickets for use of cellphones while driving only as a secondary offense. That means that a police officer must pull an individual over for another offense (like running a red light or speeding) before issuing a ticket for use of cellphones while driving.
Violation of the ban will result in fines and points on a driver’s license. The penalties for violations of the new law will be:
- a $75 fine for a first offense and 2 license suspension points;
- a $150.00 fine and 3 license suspension points for a second offense that occurs within twenty-four (24) months of the first; and
- a $250 fine and 4 points for a third offense within twenty-four (24) months of the first.
First time violators can have their ticket dismissed if they show the court that they have a hands-free accessory or can provide a proof of purchasing one.
Drivers are allowed to use a hands-free device to make calls while driving or use their phones while parked. Exceptions to the law also exist for emergencies and certain professionals. Drivers can still hold their phones to make calls in an emergency. Certain professionals like first responders, police, and animal control officers are exempt. Commercial vehicle drivers are also exempt.
Implementing this law will save lives. It will protect pedestrians and bikers, as well as motorists. Last year, Colorado drivers killed one hundred and thirty-six (136) pedestrians. “It only takes a split second for something to go wrong when you’re distracted behind the wheel,” said Col. Matthew C. Packard, chief of the Colorado State Patrol. “Troopers see an uptick of crashes due to inattentive driving during rush hours when people are tempted by distraction. Your commute may be routine, but this is also a congested time on the road, and you can’t predict other motorists, pedestrians, or road hazards – drive with focus!” This fall, CDOT will launch a marketing campaign to raise awareness and inform the public of the new law before it goes into effect this January.