Is It Still Illegal to Send a Text While Stopped in Traffic?

Every driver has encountered the frustrating situation of being stuck in traffic for what seems like an eternity. During these moments, a simple text to update a friend or colleague on your status might appear as a harmless and efficient solution. However, the legality of such actions can vary significantly depending on the jurisdiction. In this article, we will explore the laws surrounding texting while stopped in traffic and discuss the implications of "distracted driving" in different regions. Understanding these legal differences can help avoid unnecessary tickets and ensure safe driving practices.

Laws Vary by Region

The laws governing texting while stopped in traffic significantly differ from one region to another. While some areas have laws that explicitly prohibit using a phone while stopped at a traffic light, others may take a more lenient approach. Let's dive into the specifics of these laws to understand the current legal landscape.

United States

United States: The Paradox of Safety and Law

According to Personal Injury Attorney Doug McCalla from Cincinnati, Ohio, laws regarding texting while stopped in traffic can be quite complex. McCalla explained, "I got a ticket when I stopped at a light, put it in park to take my jacket off, my belt was never off while moving or even in drive." This scenario yielded a ticket, which seems to reflect the state's stance on distracted driving laws.

McCalla further elaborated, “I wanted to clear it up and asked the judge when do I need to have my belt on. His answer was paraphrased as whenever the key is in the ignition. I wanted to ask about texting but I don't think he would have taken it as a legitimate question if this is about safety. This stance aligns with the idea that the presence of the key in the ignition suggests an intent to drive, even if the vehicle is not moving. However, this interpretation can seem highly counterintuitive, as stopping the engine and removing the key would logically indicate a lack of intent to drive.

United Kingdom

United Kingdom: Observe the Law While Stopped at Traffic Jumps

In the UK, the law is clear: one must pull over, park the vehicle in a proper location, and turn off the engine. Ideally, the driver should also exit the vehicle. According to the Ministry of Transport, failing to comply with these requirements can result in a fine, demonstrating a strict adherence to traffic safety laws.

Australia

Australia: Strict Interpretation of 'Control'

Australian laws have a particularly strict interpretation of being in control of a motor vehicle. According to Bernard Craven, a driving instructor and lawyer, “In Australia, it is illegal to use a phone while stopped at traffic lights, even if you are stopped on the side of the road. Being in control of a vehicle, even if stationary, is considered driving for the purposes of the law.” This means that simply sitting in the driver's seat, keys in the ignition, can be enough to warrant a fine.

California (USA): DUI and Texting While Stopped

California: A Unique Interpretation of DUI

California's laws are particularly interesting. Here, DUI (Driving Under the Influence) is interpreted as being in the driver's seat with the keys in the ignition, regardless of whether the vehicle is moving. The case of the niece mentioned earlier, who lost her license for picking up her phone while stopped at a red light, is a notable example.

Legal Grey Areas

The legal grey areas surrounding texting while stopped in traffic highlight the necessity for drivers to stay updated on local laws. In many regions, the line between being "stopped" and "driving" is blurred. The presence of the key in the ignition is often the determining factor. One may wonder, "When is it legal to text while stopped in traffic?" The simple answer is that it depends on the local law.

Best Practices for Safe Driving

Call Instead: Engage in Conversations Without Distracting Technology

Instead of texting while stopped in traffic, consider calling the recipient. As Doug McCalla noted, “It is SO peaceful to drive there. They also seem to have a lot fewer wrecks.” This practice not only adheres to local laws but also promotes safe driving habits. The next town up, which has stricter laws on phone usage, exemplifies the beneficial impact of such practices.

Conclusion

Texting while stopped in traffic is not without its legal challenges. The laws vary significantly by region, and jurisdictions may take a more permissive or stringent approach. However, it's crucial to adhere to local regulations to avoid unnecessary tickets and ensure safe driving practices. Remember, the key (pun intended) to staying out of trouble is to stay informed and exercise good judgment when using technology behind the wheel.