Hands-Free AZ Enforcement Begins January 1, 2021 In Phoenix

Press release from the City of Phoenix:

December 29, 2020

ARS Section 28-914 – Use of portable wireless communication device while driving

This new law is covered under ARS 28-914 & generally applies to portable wireless communication devices & stand-alone electronic devices, defined as follows:

• Portable wireless communication device (PWCD) definition

• A cell phone, portable telephone, text messaging device, personal digital assistant, stand-alone computer, GPS receiver, or any similar device that is used to initiate or receive communication, information, or data.

• It does not include.

• Radio

• CB

• A portable device other than a PWCD that stores audio or video data files to be retrieved on demand by a user (e.g., Ipods).

Here are the specifics of ARS 28-914: Unless stopped for a red light or at a train crossing, it is unlawful to use a PWCD while:

• Driving on a street or highway if the driver is physically holding or supporting a portable wireless communication device with any part of the person's body
• Unless used with an earpiece, headphone or worn on the wrist to conduct a voice-based communication
• Driving on a street or highway if the driver is physically holding or supporting an SAED
• Writes, sends or reads any text-based communication, including a text message, instant message, email, or internet data, on a PWCD or SAED

Exemptions to ARS 29-914:

• Use of a PWCD or SAED while driving on a street or highway if such conduct is performed by using a voice-based communication system
• This includes, through use of a PWCD or SAED, to direct the writing, sending, reading or other communicating of any text-based communication
• Use of a PWCD or SAED while driving on a street or highway if such conduct is performed when used in hands-free mode for;

• Navigation
• GPS
• Obtaining motor vehicle information
• Information related to driving a vehicle.

ARS 29-914 does NOT apply to:

• Operators of authorized emergency vehicle
• Law enforcement or probation vehicles while acting in an official capacity
• FCC licensed operator of a radio frequency device other than a PWCD
• Operator of two-way radio private land mobile radio system in the scope of operator's duties and who is operating a fleet vehicle or who has a CDL
• Use of PWCD to report an emergency or illegal activity
• Use of PWCD that is affixed to the vehicle to relay information as a part of the driver's duties to a dispatcher or a digital network or software service

This press release was produced by the City of Phoenix. The views expressed here are the author’s own.