by Reducing Distracted Driving
The Tennessee Department of Safety and Homeland Security partnered with the Tennessee Department of Transportation and the Tennessee Department of Tourist Development to introduce “Hands Free Tennessee.” The purpose of this campaign is to educate Tennesseans about the state’s “Hands Free Law,” known as Public Chapter No. 412, which took effect on July 1, 2019. This law requires drivers to put down their phones and focus on the road.
Let’s eliminate distracted driving-related fatalities and injuries for good.
Tennessee Code Annotated § 55-8-199 makes it illegal for a driver to:
(a) hold a cellphone or mobile device with any part of their body,
(b) write, send, or read any text-based communication,
(c) reach for a cellphone or mobile device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a seat belt,
(d) watch a video or movie on a cellphone or mobile device, and
(e) record or broadcast video on a cellphone or mobile device.
The Eddie Conrad Act increases the number of points added to driving records for using a cell phone while driving. A second or subsequent violation by a person who is younger than 18 years of age results in seven points being charged to the person’s driving record.
The Eddie Conrad Act went into effect on Jan. 1, 2024.
The law took effect on July 1, 2019.
Violation of this law is a Class C misdemeanor. A traffic citation based on this violation is considered a moving traffic violation. Fines for violations of the law include:
This section does not apply to the following persons:
(1) Officers of this state or of any county, city, or town charged with the enforcement of the laws of this state, or federal law enforcement officers when in the actual discharge of their official duties;
(2) Campus police officers and public safety officers, as defined by § 49-7-118, when in the actual discharge of their official duties;
(3) Emergency medical technicians, emergency medical technician paramedics, and firefighters, both volunteer and career, when in the actual discharge of their official duties;
(4) Emergency management agency officers of this state or of any county, city, or town, when in the actual discharge of their official duties;
(5) Persons using a wireless telecommunications device to communicate with law enforcement agencies, medical providers, fire departments, or other emergency service agencies while driving a motor vehicle, if the use is necessitated by a bona fide emergency, including a natural or human occurrence that threatens human health, life, or property;
(6) Employees or contractors of utility services providers acting within the scope of their employment; and
(7) Persons who are lawfully stopped or parked in their motor vehicles or who lawfully leave standing their motor vehicles.
It is illegal for a driver to operate a motor vehicle while holding or supporting a cellphone or mobile device with any part of his/her body.
A driver is permitted to use an earpiece, headphone device, or device worn on a wrist to conduct voice-based communication. The driver may use one (1) button on a cell phone or mobile device to initiate or terminate voice communication. Voice-based communication may also be used to send a text message.
It is illegal for a driver to record or broadcast video on a cellphone or mobile device. However, this does not apply to mobile devices used for the sole purpose of continuously recording or broadcasting video within or outside of the motor vehicle.
A driver is permitted to listen to streaming music that does not include videos on the screen of the cellphone or mobile device. However, the driver cannot touch the cellphone to activate or program music while driving.
Drivers less than eighteen (18) years of age who accumulate six (6) or more points on their driving record within any twelve (12) month period are sent a notice of proposed suspension from the Department of Safety and are placed in the Driver Improvement Program. The driver will be required to attend an administrative hearing, with their parent or guardian present, to discuss the points assigned to their driving record. Certain actions could be imposed based on the outcome of the hearing and the number of points accumulated on the driver’s record.
A notice of proposed suspension shall be sent to second or subsequent offender drivers who accumulate six (6) or more points within a twelve (12) month period as calculated pursuant to subparagraph (a), with a copy of the notice sent to the driver’s parent/guardian. The notice shall advise the driver and the driver’s parent/guardian that the driver has accumulated sufficient points in a twelve (12) month period to be placed in the Driver Improvement Program and that the driver and the driver’s parent/guardian shall be required to appear at an administrative hearing to contest the proposed suspension. The Department of Safety shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice. If the hearing officer upholds the determination of the Department, the driver license or temporary driver license shall be suspended for a period of either six (6) or twelve (12) months, depending on the driver’s driving record, and the driver shall be required to attend a defensive driving course before the driver shall be eligible to reinstate the driver license or temporary driver license. However, if the driver fails to appear for a hearing or request in writing that the hearing be rescheduled, the driver license or temporary driver license shall be suspended for a period of twelve (12) months and the driver shall be required to attend a defensive driving course before the driver shall be eligible to reinstate the driver license or temporary driver license.
When an adult driver (aged 18 years+) has accumulated twelve (12) or more points within a twelve (12) month period, the Department of Safety shall issue a notice of proposed suspension stating the grounds for such suspension and that the driver shall be required to appear at an administrative hearing to contest the proposed suspension. The Department shall provide the driver a hearing before a hearing officer on the date and at the time specified in the notice.
If the driver fails to request a hearing, then driving privileges are suspended for a period of six to 12 months. In most cases, when a driver requests a hearing, they are given the opportunity to attend a defensive driving class in lieu of suspension or a reduction of suspension time. Click here to locate a Defensive Driving School approved by the Department of Safety.