Beginning July 1, drivers could pay a hefty fine if you’re caught talking on a cell phone without a hand-free device.

The new law defines ‘hands-free’ and extends the requirement to be ‘hands-free’ to all roads and highways in Tennessee.

Activities prohibited with a wireless telecommunications device in the new law while operating a motor vehicle on any road or highway in the state includes:

• physically holding or supporting with any part of a person’s body
• writing, sending or reading any text-based communications including but not limited to text messages, instant messages, email or internet data
• reaching for a device in a manner that requires the driver to no longer be in a seated driving position or properly restrained by a safety belt
• watching a video or movie
• recording or broadcasting video

A driver 18 years or older can use an earpiece, headphone device or a device worn on a wrist to conduct voice-based communication and may use one button on a wireless telecommunications device to initiate or terminate a voice communication.

A driver’s hand may be used to activate or deactivate a feature with one swipe or tap of the driver’s finger, if the wireless telecommunications device is mounted on the vehicle’s windshield, dashboard or center console in a manner that does not hinder the driver’s view of the road.

The motion must not activate a camera, video, gaming features or functions for viewing, recording, amusement or other non-navigational functions, except if they are related to the transportation of persons or property for compensation or payment of a fee.

Exempted from the law are law enforcement personnel, campus police and public safety officers, emergency medical responders, emergency medical agency officers, persons communicating with emergency services agencies in a bona fide emergency, employees or contractors of public utility service providers during the course of their duties as well as persons stopped or parked in their vehicles.

SO HOW MUCH???

The new law creates a moving traffic violation, which is subject to three points on a driver’s license for each violation in addition to a $50 fine and $10 in court costs.

A first-time offender may attend and complete a driver education course in lieu of any fine imposed.

In the case of a third or subsequent offense by a driver, or if the violation results in an accident, the fine increases to $100. If a violation occurs in a work zone with Department of Transportation or construction workers present or in a marked school zone when warning flashers are in operation, the fine increases to $200.