Minnesota’s Hands-Free Law goes into effective on Thursday, August 1st, 2019. The bill was signed by Governor Tim Walz on April 12th, 2019.
Under the new law, a driver is allowed to use their cell phone to make calls, text, listen to music or podcasts and get directions – but ONLY by voice commands or single-touch activation. The phone must not be in the driver’s hands.
According to the law, a driver may not hold their phone in their hand. They also may not use their phone at any time for video calling, video live-streaming, Snapchat, gaming, looking at video or photos stored on the phone. A driver must not use non-navigation applications, read texts, scroll or type on the phone.
It is not against the Hands-Free Law to have the phone tucked into a head scarf or head wrap. But, the phone must be secure enough so that the driver’s hands do not have to touch the phone at all. It must also not be placed so that it blocks the driver’s vision.
To obtain emergency assistance in the case of immediate threats to life and safety, a driver may hold the phone in their hand. Hand-held phone use is also allowed when in an authorized emergency vehicle while performing official duties.
The law responds to the question “Is it legal under the new law to stop on the shoulder of the road and hold my phone to make a call, text, etc.?” The answer is: “If it’s not an emergency, stopping on the shoulder of an interstate freeway or controlled access highway is already illegal in Minnesota. Although it is legal to stop along a state or U.S. highway, or a county road, it’s not always safe to do.”
Those who need to use their phone are strongly encouraged to find a safe place to pull off the road completely, such as a convenience store or gas station. That is a much safer situation for the driver and others on the road.
A GPS navigation device and other systems that are used for navigation are exempt from the Hands-Free Law. In-car systems and screens are also exempt.
Regarding smart watches, the Hands-Free Law states that drivers can use them as a conventional watch to check time. They are considered to be an electronic communications device under the Hands-Free Law, so they carry the same restrictions as a cell phone. Smart watches are allowed to be used as long as it is by one-touch or voice activation.
Teens under 18 years of age are not allowed to make or answer calls while driving (hand-held or hands-free).
They are allowed to use their phone in the hands-free mode for the following situation:
• As a GPS device – but only in hands-free or voice-activated mode. The destination must be set before they begin their drive.
• Music or podcasts may be listened to, but only in hands-free or voice-activated mode. Scrolling through play lists or channels is not allowed under the Hands-Free Law.
• If there is an immediate threat to life and safety, they can use their phone in either hand-held or hands-free mode to call 911.
The penalty for a first ticket for violating the Hands-Free Law is $50. The second and subsequent tickets will cost $275 per violation, plus court fees.
So, what methods of hands-free are available to the consumer?
The least expensive way of avoiding any problems is to not use your phone when you drive. The Minnesota Office of Traffic Safety suggests placing the phone in the glove compartment, trunk or backseat, or turn on a do-not-disturb application.
The the next suggestion is to use a single earphone that has a microphone. Remember that using earphones in both ears at the same time is illegal in Minnesota.
You can pair your phone to your current car or truck if your existing vehicle and phone can talk to each other.
If you purchase an auxiliary cable and connect your phone’s earphone jack to your car’s AUX, then you can operate your phone by voice or single touch and listen through your car’s audio system. Auxiliary cables can be purchased for less than $5.00.
But if your car is an older model and not equipped with an AUX jack, but does have a cassette, player, you can purchase an adapter that will fit into the cassette player. This allows you to connect your phone through the earphone jack. The cassette adapters cost approximately $30.00.
The purchase of a holder to clip your phone to the dash will also allow voice-activated or single-touch mode. Prices do range from less than $5 up to $50.
A Bluetooth speaker or earphone that pairs with your phone is also a way to be hands-free. Choose an after-market device which will generally cost between $10 and $50.00.
If you have any questions concerning traffic related laws or issues in Minnesota send your questions to Sgt. Troy Christianson – Minnesota State Patrol at 2900 48th Street NW, Rochester MN 55901-5848. (Or reach him at, Troy.Christianson@state.mn.us)
