Is it legal to be on your phone while you’re stopped at a red light in Texas? It’s a question that’s apparently on a lot of drivers minds, especially if you happen to stop at a red light right next or in front of a police officer.
So, MySA set out to clear up any confusion and find the right answer. While cell phone use while driving is illegal in Texas, some people believe there is some sort of legal gray area when it comes to answering a text at a red light since technically you’ve stopped your vehicle.
“Under the law, you’re considered to be ‘operating’ your vehicle whenever you’re in the driver’s seat with the engine running, even when stopped,” Perrin Law said. “The only time you can legally send electronic messages is when you’re lawfully parked and completely out of the flow of traffic.”
This means that you must pull into a legal parking space, not just stop on the shoulder of a road, completely stop your vehicle, then you can text back, the law firm explained.
“Many people get tickets because they think red lights create an exception to the texting ban,” Perrin Law added. “They don’t; you’re still driving according to Texas law.”
Violating Texas’ distracted driving laws can result in ticketed fines that vary by each city’s jurisdiction and can increase depending on if a violation happened in a school zone. On top of that, if you cause a crash while texting and driving, you could face criminal charges and significant liability.
There are only a few exceptions to the law, as outlined by the Daly and Black law firm, including that drivers can use a wireless communication device to report a crime, fire, serious traffic accident, or medical emergency, activate a function that plays music or navigate a GPS system.
However, manually typing an address into your GPS while driving still counts as illegal electronic messaging, according to Perrin Law. So, the law firm suggests that drivers should, “set your destination before you start driving or pull over safely to make changes.” Voice-activated features for calls and texts are also allowed since they don’t require you to be on your phone, so all you Apple Car Play users out there are in the clear.