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Delaware State Cell Phone Laws

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    House Bill 40 (HB40)

    • The House Bill 40 (HB40) in Delaware was passed in 2009, and laid out many very specific parameters that fine individuals who talk, read, or text on their cell phones while driving. The definition of driving is operating the vehicle, meaning the penalty still applies to drivers who are sitting at a red light or who are stuck in traffic jams. If the person is in the driver's seat, he or she can be in trouble for even looking at a ringing cell phone. This bill gives very specific penalties based on the individual and how many prior tickets were given for the same infraction. This bill also makes text messaging or cell phone use while driving in Delaware a primary offense, meaning police can pull people over on suspicion of this activity alone.

    Penalties and Fines

    • There are many different penalties and fines for using a cell phone while driving in Delaware, and these can vary based on age and activity. Fines can range from $50 to $200. Minors who have a learning permit face a one-month suspension of their license for a first offense, and a three-month suspension for each violation following. Anyone who has his license suspended due to this law will have to pay the normal $25 fee in the state of Delaware to have his license reinstated.

    Special Exemptions

    • According to Delaware state law, there are several exemptions to the laws forbidding texting or talking on a phone while driving. First, hands-free devices are not included in the HB40 bill that passed, and their use is lawful in Delaware. Emergency situations are also automatically excused from this bill, such as calling ahead to a hospital. There are also two types of vehicles that are exempt from these rules, which are farm tractors and commercial trucks, and drivers of both are allowed to use hand-held electronic devices.

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