Whether you’re checking a text, opening a map, or skipping a song, using your phone behind the wheel is illegal in New Jersey—and in most of the United States.
The National Highway Traffic Safety Administration defines distracted driving as “any activity that diverts attention from driving.” That includes texting, talking on your phone, chatting with passengers, or adjusting your stereo, navigation, or entertainment systems—basically, anything that takes your eyes or mind off the road.
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- 4 New Jersey’s Rules on Electronic Device Use While Driving
- 5 Is It Illegal to Use Your Phone at a Red Light?
- 6 Penalties for Using a Handheld Device While Driving
- 7 When Is It Legal to Use Your Cellphone While Driving?
“You cannot drive safely unless the task of driving has your full attention,” the agency warns. “Any non-driving activity you engage in is a potential distraction and increases your risk of crashing.”
Texting tops the list of dangerous distractions, according to NHTSA, which linked 3,275 deaths to distracted driving in 2023. In New Jersey, the Motor Vehicle Commission reports that one in four crashes involves a driver using a cellphone.
To curb this trend, nearly all states have implemented laws targeting the use of handheld electronic devices while driving. As of May 2024, NHTSA noted that 49 states prohibit texting for all drivers, and 29 states ban all handheld cellphone use behind the wheel.
On June 5, Pennsylvania enacted Paul Miller’s Law, which prohibits drivers from using handheld phones—even if they’re momentarily stopped at a red light, in traffic, or during other brief pauses.
New Jersey’s Rules on Electronic Device Use While Driving
According to N.J.S.A. 39:4-97.3, drivers are prohibited from using handheld mobile phones or electronic devices while operating a vehicle. Sgt. Jeffrey Lebron of the New Jersey State Police clarified that this includes texting, calling, browsing, and using apps.
Hands-free systems like Bluetooth and dashboard mounts are permitted, but only if they don’t interfere with the vehicle’s safety features, says the MVC.
Is It Illegal to Use Your Phone at a Red Light?
Yes. Even when stopped at a red light or stuck in traffic, you’re still considered to be operating the vehicle, Sgt. Lebron said. That means handheld phone use is illegal unless your car is legally parked.
Penalties for Using a Handheld Device While Driving
Penalties have gotten stricter, the MVC said. Here’s what drivers face if caught:
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First offense: Minimum $200 fine
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Second offense: Minimum $400 fine
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Third offense: At least a $600 fine, possible 90-day license suspension, and three motor vehicle penalty points
When Is It Legal to Use Your Cellphone While Driving?
Drivers can legally use a cellphone during emergencies—but they must keep at least one hand on the wheel. State law allows exceptions for the following situations:
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You fear for your life or safety, or believe a crime may be in progress against you or someone else.
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You’re reporting a fire, traffic accident, road hazard, medical emergency, or hazardous materials incident.
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You’re reporting a reckless or suspected impaired driver.
Phone records, statements, or testimony from emergency personnel can be used as proof that the call was lawful.
