AASHTO Journal - States Seeing Success with ‘Hands Free’ Driving Laws

Michigan is the latest state to record an improvement in vehicle operating habits following passage of a new “hands free” driving law nearly two years ago.

[Above photo by Michigan DOT]

In June 2023, Michigan became the 26th state in the U.S. to adopt hands-free device legislation; a law that penalizes motorists found to be using cell phones without the use of hands-free technology.

To raise awareness regarding that new legislation, the Michigan Department of Transportation installed “Hands-Free Device Use” signs at 37 locations along state line and border crossings.

Now a new survey by Michigan State University (MSU) indicates that “hands free” law is having a positive effect.

Tim Gates. Photo via Michigan State University.

“We saw a 1.2 percentage point decrease in the number of drivers using handheld devices compared to the same time period a year ago,” noted Tim Gates, a professor of civil and environmental engineering in the MSU College of Engineering, in a blog post. “When you consider that Michigan has approximately 8 million licensed drivers, this translates to approximately 96,000 fewer drivers using handheld devices.”

[Editor’s note: The Colorado Department of Department of Transportation and Colorado State Patrol recently set a goal of reducing the number of traffic-related fatalities and serious injuries statewide by 22.5 percent by fiscal year 2027 compared fiscal year 2023 – and enforcement of the state’s new the Hands-Free Law is one way they seek to achieve that goal.]

Gates said his team also found that handheld device use varied significantly by driver age. Drivers under the age of 30 were approximately twice as likely to use a handheld mobile device compared to drivers aged 30 to 59 years and were more than six times as likely to use a handheld device compared to drivers aged 60 and above.

This annual survey – which also monitors seat belt use by front-seat drivers and passengers – occurs during daylight hours over a 21-day period beginning the day after Memorial Day, which coincides with the end of the annual “Click It or Ticket” enforcement campaign. The surveys are performed at 200 sites selected from 35 counties that represent at least 85 percent of the fatal crashes statewide, Gates noted.

Other states are experiencing similar driving habit improvements.

For example, in October 2024, Ohio Governor Mike DeWine (R) noted at a news conference that traffic crashes statewide “significantly decreased” in the year since enforcement of Ohio’s strengthened distracted driving law began.

Local police officers and the Ohio State Highway Patrol began enforcing Ohio’s distracted driving law – which prohibits all drivers, in most circumstances, from using or holding a cell phone or electronic device while driving – in October 2023, following a six-month grace period for motorists.

According to preliminary OSHP data at the time, there were approximately 1,112 fewer distracted driving crashes in Ohio from October 5, 2023, to October 4, 2024, compared to the 12 months prior. Fatal crashes attributed to distracted driving also dropped 19.4 percent, the agency noted.

The impact of the new law is also reflected in the overall decrease in crashes in Ohio, supporting the theory that drivers don’t always admit to driving distracted before a collision.

Preliminary data from OSHP shows that from October 5, 2023, to October 4, 2024, there were nearly 15,400 fewer motor vehicle crashes compared to the 12 months prior. The total number of traffic fatalities also dropped with 138 fewer people killed.

“This is exactly what we expected would happen,” said Gov. DeWine in a statement at the time. “Ohio’s tougher distracted driving law is influencing better behavior behind the wheel, leading to fewer crashes and fewer deaths.”

A March 2024 report compiled by the Governors Highway Safety Association (GHSA) and Cambridge Mobile Telematics also tracked the reduction of distracted driving due to the passage of “hands free” laws by several states.

That report noted that instances of “distracted driving” declined in states like Ohio, Alabama, Michigan, and Missouri after they implemented hands-free driving laws; underscoring the effectiveness of “legal frameworks” in enhancing road safety, GHSA noted.