Arizona now has a fairly wide-reaching ban on the use of cell phones while driving in the state. The new law passed by the legislature this session and signed into law by Governor Doug Ducey applies to portable, hand-held wireless devices. It refers to talking, texting and viewing video while operating a vehicle. Hands-free verbal communication through the use of a device is permitted under the law.

The law is in effect and law enforcement may stop drivers for violating the ban. However, until Jan. 1, 2021 officers may only issue a warning for the violation. Once citations can be issued the fines for a violation are no less than $75 and no more than $149 for the first violation. For a second and any subsequent violations, the fine is no less than $150 and no more than $250.

The Town of Fountain Hills currently has a texting ban in its code and Maricopa County Sheriff’s deputies may continue to write citations for that violation. However, they can only issue a warning for any further violations under the new state law, according to MCSO Capt. Larry Kratzer, commander for the district based in Fountain Hills.

“[Deputies] cannot use the other requirements in House Bill 2318, physically holding or supporting a cell phone with any part of their body, to issue a town ordinance cite on texting and driving,” Kratzer said. “If this was the case, they would have to issue a warning and use the state statute.”

Kratzer added that MCSO has provided mandatory training information to all sworn employees that outline the new Arizona cell phone restrictions. He said the new violation has been added to MCSO systems as ARS28-914 so effective immediately deputies can use the violation.

“The training provides instructions to deputies on what aspects the bill allows them to enforce the law with and what conditions do not apply, [such as] vehicle parked or stopped, emergencies, etc.,” Kratzer said.

The deputies’ training also explains that although a deputy cannot cite a driver for the cell phone violation until January 2021, they can stop a vehicle for that violation and cite the driver for any other secondary violation they observe, according to Kratzer. Those may include such offenses as driving on a suspended license. They will need to provide documentation as to why a citation was not issued for the primary offense, the cell phone restriction.