Arkansas’s distracted driving law (Act 738, effective July 24, 2019) prohibits all motorists from text messaging while driving. The restrictions on using a cellphone while driving depend on the age of the driver and where the motorist is driving.
Talking on the Phone
Drivers 21 years and older. For most drivers, talking on a phone while driving is lawful except when driving through a school zone or highway work zone while workers are present. In these restricted zones, talking on a phone is permitted only with hands-free technology.
Drivers under 18 years old. Entirely prohibited from using a cellphone while driving regardless of whether the phone is in hands-free mode. The only exception is for emergency purposes.
Drivers 18 to 21 years old. Motorists who are at least 18 but not yet 21 years old CANNOT use a handheld phone while driving but are allowed to talk on the phone using hands-free technology. These drivers are permitted to use a handheld phone only during an emergency.
Text Messaging and Use of a Wireless Communication Device
ALL MOTORISTS are prohibited from using a wireless communication device (such as a cellphone, tablet or similar device) while operating a vehicle to engage in texting, or to access, read, or post to a social media networking site.
“Texting” means reading from or manually entering data into a wireless communications device for any reason with the exception of using a GPS system, music player, or any device in hands-free mode, when it generally doesn’t count as texting.
Exceptions
- Emergency services personnel communicating within the scope of their duties
- Reporting illegal activity
- Summoning medical or other emergency assistance
- Communications made to prevent injury to a person or property
Fines
Cell use and texting violations: $25 to $250 for a first offense; $50 to $500 for a second or subsequent offense. And fines are doubled for violations that involve collisions. Note: These violations don’t add points to the motorist’s driving record.
For more information or to sign the pledge to NOT text and drive, visit www.familiesagainstdistractivedriving.org.
