• The legal use of a cell phone while driving varies from state to state.man on cell phone image by Cora Reed from Fotolia.com
  
  Cell phone use while driving can be illegal, depending on where you drive and who you are. Laws vary from state to state and jurisdiction to jurisdiction. Enforcement also varies from state to state.
  
  In some states, these laws are “primary,” which means the offense itself is reason enough for a law enforcement officer to pull over a driver. In other states, some of these laws are “secondary,” meaning the law enforcement officer needs another reason to pull over a driver, such as speeding or failure to observe traffic signs, but then can also cite the driver for a cell phone violation.
  
  In Tennessee, there are three main cell phone restrictions, and all three are primary laws.
  
  

School Bus Drivers

• Tennessee is one of 19 states, in addition to the District of Columbia, to restrict cell phone use by those who operate school buses. State law prohibits the driver of a school bus transporting children from using a cell phone, and the driver can face a $50 fine if caught doing so. There are a few exceptions to this law, however, including emergencies.
  
  

Novice Drivers

• In 2005, Tennessee became one of 27 states, as well as the District of Columbia, that placed cell phone restrictions on intermediate drivers or drivers with learner's permits. State law prohibits these drivers from using cell phones during vehicle operation. Not only could the offender face a $100 fine, but he also could face delays in obtaining the next-stage license type. Hands-free devices also are not permitted under this law.
  
  

Text Messaging

• In 2009, Tennessee Governor Phil Bredesen signed into law Senate Bill 393, which makes it a Class C misdemeanor for any driver to send or read text messages while operating a vehicle. While considered a non-moving traffic violation, which means no points are assessed to the driver's record, this offense comes with a $50 fine and court costs.
  
  Opponents of the legislation had questioned whether it was necessary, as there were already distracted driver laws in the state. However, Representative Jon Lundberg noted that Tennessee had been the first state to experience a fatality from the practice of texting while driving.
  
  The Senate passed the bill 23 to 6, and the House amended it to exclude certain drivers, such as law enforcement and emergency personnel.