Question: Is it or is it not legal to text and/or use your cell phone while driving?

Answer: Texting and cell phone use needs to be discussed separately. For everyone it is illegal to text message while driving. All distractions are an issue but when you take your eyes off the road, for texting or retrieving a dropped item, the likelihood of crashing increases greatly. Distraction is the No. 1 factor listed in multiple vehicle crashes [more than one].

MSS 169.475 Use of Wireless Communication Device has a broader scope, “…[ a driver cannot] compose, read, or send an electronic message, when the motor vehicle is in motion or a part of traffic.” To further clarify, the law states, “An electronic message includes, but is not limited to, e-mail, a text message, an instant message, a command or request to access a World Wide Web page, or other data that uses a commonly recognized electronic communications protocol.” You can see it is well thought-out and the law doesn’t offer any loop holes for the person resolute to find a way to e-message while driving.

Using a cell phone, other than e-messaging, is prohibited for drivers who hold a permit or provisional license. The law states, under both license types [MSS 171.05/171.055], “The permit [or provisional license] holder may not operate a vehicle while communicating over, or otherwise operating, a cellular or wireless telephone, whether hand held or hands free, when the vehicle is in motion.” Rest assured this covers a passenger holding up a cell phone for the driver, allowing the driver to interact with the caller.

When a driver achieves their regular license, generally around 18 years of age, the latter does not apply and cell phone use is allowed if done safely. Safely? If cell phone use or e-messaging was a factor in a crash it will be noted on the crash data and the insurance companies, as well as civil courts will take a great interest in the negligent behavior.

Furthermore, when an officer sees erratic driving due to cell phone use, e-messaging, or other distracting behavior (eating, chatting, reading etc.) they can write a citation within our traffic code under MSS 169.14 subv. 1. Being written this citation is especially likely if the distraction is responsible for a crash. This statute demands that all drivers must pay attention, establishing that, “ Every driver is responsible for becoming and remaining aware of the actual and potential hazards then existing on the highways and must use due care in operating a vehicle.” This is often coined the Inattentive Driving Law.

I know you have all heard it before, BUT, driving is a full-time job, it is dangerous and the one- to two-ton vehicle you are driving is often within a few feet of another one- to two-ton vehicle. It behooves us all to focus entirely when driving and forget about entertaining ourselves in our vehicles.

If you have any questions for future columns concerning motor vehicle traffic in Minnesota, please send your questions to: “Ask a Trooper” jacalyn.sticha@state.mn.us with Ask A Trooper in the subject line. Questions are edited.

Jacalyn Sticha is a sergeant with the Minnesota State Patrol’s Mankato district.