Illinois Cell Phone Laws: What You Should Know

illinois cell phone laws graphic

Use of electronic communication devices in Illinois while driving comes with certain stipulations and possible penalties if violated. It is imperative that all drivers operating a vehicle in the state of Illinois be aware of current laws governing cell phone use while driving. Whether you are just passing through the ‘Land of Lincoln’ or are a permanent resident, here is what you need to know to abide by Illinois cell phone laws.

What Are the Laws Pertaining to Cell Phone Use While Driving?

Effective January 1, 2014, cellphone use while driving is prohibited, unless using a hands-free device. Any wireless/cell phone use while driving, including a hands-free device, is prohibited for drivers under age 19, except in the case of an emergency to contact a law enforcement agency, health-care provider or emergency services agency. Cell phone use in school and construction zones is prohibited. Always be cautious when making phone calls while operating a vehicle, even hands-free. 16% of fatal crashes involve driver distraction and talking on a cell phone reduces the amount of brain activity associated with driving by 37%.

Penalties and Fines for Using a Cell Phone While Driving

Receiving a traffic ticket is never ideal. Driving while using a cell phone could mean:

  • Maximum fine of $75 for a first offense
  • $100 for a second offense
  • $125 for a third offense
  • $150 for a fourth or subsequent offense

Violation of Illinois cell phone laws is a petty offense, but has the potential to be upgraded to a misdemeanor or felony offense if the collision results in personal injury or death.

Illinois cell phone laws also make it illegal for ALL drivers, regardless of age to use a cell phone while driving in these situations:

 

  • Through a school zone
  • Through a construction or maintenance zone
  • Within 500 feet of an emergency scene

Is a Cell Phone Ticket a Moving Violation?

The first offense for driving while using a cell phone is not a moving violation. Offenses thereafter ARE considered moving violations and will be recorded on a person’s driving record.

Illinois Distracted Driving

Whether you’re sending out a quick text to a friend or scrolling Instagram for the latest updates in your social circle, cell phone use while driving is a bad driving habit. Research from NHTSA indicates that 476 people were killed in 2015 due to cell phone related crashes. Still think you could survive if you text and drive?

In an effort to curb distracted driving, Top Driver has partnered with Just Hang It Up, a student-led nonprofit dedicated to ending distracted driving.

Be sure to stay current with Illinois law changes and best driving practices with Top Driver by taking an online refresher course. We’ve helped more than 260,000 students become safe, intelligent drivers.

Frequently asked questions

Is it legal to use a handheld cell phone while driving in Illinois?

No. Since January 1, 2014, Illinois has prohibited the use of handheld cell phones while driving. Drivers over 19 may use a hands-free or Bluetooth device, but holding the phone to talk, text, or scroll is illegal. The law applies statewide, on every type of road. The intent is to keep at least one hand on the wheel and the driver's eyes on the road, since talking on a cell phone has been shown to reduce the brain activity associated with driving by about 37%.

Can drivers under 19 use a hands-free phone while driving in Illinois?

No. In Illinois, drivers under 19 are prohibited from using any wireless or cell phone while driving, including hands-free devices. The only exception is contacting a law enforcement agency, healthcare provider, or emergency services agency in a genuine emergency. The stricter rule exists because younger drivers are still building the core skills of hazard scanning and vehicle control, and even hands-free calls add cognitive load that they cannot afford.

What are the fines for using a cell phone while driving in Illinois?

Illinois cell phone violations are petty offenses with escalating fines: a maximum of $75 for the first offense, $100 for a second offense, $125 for a third, and $150 for a fourth or subsequent offense. The first offense does not count as a moving violation, but every offense after that does and goes on your driving record. If a cell phone-related crash causes personal injury or death, the charge can be upgraded to a misdemeanor or felony.

Where in Illinois is cell phone use banned for all drivers regardless of age?

Illinois law makes cell phone use illegal for all drivers, regardless of age and even with a hands-free device, in three situations: while driving through a school zone, while driving through a construction or maintenance zone, and within 500 feet of an emergency scene. These zones carry the strictest rules because workers, students, and first responders are exposed and the margin for error is much smaller than on an open road.

How dangerous is texting and driving compared with driving sober and focused?

NHTSA research found that 476 people were killed in 2015 in crashes involving cell phone use, and roughly 16% of fatal crashes overall involve some form of driver distraction. Talking on a cell phone reduces brain activity associated with driving by 37%, and texting takes your eyes off the road for an average of about five seconds, which at highway speed is the length of a football field. The safest practice is to put the phone in Do Not Disturb mode or out of reach before you start the car.

Does a first Illinois cell phone ticket go on my driving record?

A first offense is a petty offense and does not count as a moving violation, so it generally will not appear on your driving record. However, every subsequent offense is treated as a moving violation and will be recorded, which can affect insurance rates and, for teen drivers in the Illinois graduated licensing program, can delay full license privileges. The cleanest path is to set up hands-free or Do Not Disturb before you drive so the issue never comes up.