Using a mobile phone while driving in New Jersey (2026)

Last reviewed: 9 October 2026

In short: Using a handheld phone or texting device while driving is banned and is a primary offence, so police may stop a driver for it alone. Hands-free phones are allowed. A first offence costs USD 200 to 400, with 3 points from the third offence. Permit and probationary licence holders may not use handheld or hands-free phones.

RuleWhat applies
Holding a phone while driving bannedUsing a mobile phone while driving a carYes [1]
Hands-free useUsing a mobile phone while driving a carAllowed [1]
Fine, first offence (lowest amount where a range applies)Using a mobile phone while driving a car$200.00 per offence [1]
Penalty points on the licenceUsing a mobile phone while driving a car0 points [1]
Texting while drivingUsing a mobile phone while driving a carUsing a handheld phone or texting device while driving is banned; hands-free phones are allowed if they do not interfere with safe operation of the vehicle. [1]
Can police stop you for this alone?Using a mobile phone while driving a carYes. Using a handheld phone or texting device is a primary offence, so police may stop and cite a driver for this alone. [1]
Learner and newly qualified driversUsing a mobile phone while driving a carHolders of a special learner permit, examination permit or probationary licence may not use handheld or hands-free phones or any other electronic device while driving. [1]

Notes

  • State law prohibits using a hand-held electronic device (such as a cellular telephone) while driving on any public road or highway. It is a primary offence. A hand-held phone may be used only in certain emergencies (fire, traffic crash, serious road hazard, medical emergency, hazardous material emergency), keeping one hand on the wheel.
  • A hands-free cellular telephone is permitted if it does not interfere with federally required safety equipment or the safe operation of the vehicle. Graduated driver licence holders and school bus drivers may not use hand-held or hands-free phones.
  • USD 200 to 400 for a first offence, USD 400 to 600 for a second offence within 10 years of the first, and USD 600 to 800 for a third and subsequent offences within 10 years. The manual adds that a 90-day licence suspension may also be imposed.
  • No points for a first or second conviction. 3 points are assessed for a third conviction within 10 years of a second conviction and for all fourth and subsequent offences.

Sources

  1. New Jersey Motor Vehicle Commission: New Jersey Driver Manual (2026 edition) (consulted 9 October 2026) · all sources

New Jersey and neighbouring states

StateHolding a phone while driving bannedHands-free useFine, first offence (lowest amount where a range applies)Penalty points on the licence
New Jersey
Banned (primary offence)
Allowed
USD 200 to 400
None (3 from third offence)
Delaware
Banned
Hands-free allowed
USD 100
No points
New York
Banned
Hands-free allowed
From USD 50 (range USD 50-200)
5 points
Pennsylvania
Banned (holding)
Hands-free; one-button only
USD 50
⚠ Not yet verified

More rules in New Jersey

  • CannabisPossession for personal use: Legal for adults 21+, within limits · Growing at home: Not allowed
  • Car speed limitsBuilt-up areas: 25 mph (35 mph low-density districts) · Outside built-up areas (single carriageway): 50 mph
  • Minimum age for a car driving licenceMinimum age for a car licence: 17 (probationary licence) · Earliest age to drive a car supervised: 16 (special learner's permit)
  • E-bikes and speed pedelecsLegal class: Licensed and registered · Minimum age: 15 years
  • FireworksConsumers may buy and use category F2 fireworks: No (ground sparkling devices only)
  • Knives and pepper sprayFolding pocket knives: Not listed; "manifestly appropriate" test · Locking or one-handed knives: Banned without explainable lawful purpose
  • Statutory minimum wageNational statutory minimum wage: Yes · Current adult minimum wage (gross): $15.92 per hour
  • Seat belts and child seatsSeat belt compulsory in front seats: Yes · Seat belt compulsory in rear seats: Yes (adults in the back: secondary law)
  • Tobacco and nicotine age limitsMinimum age to buy tobacco: 21 · Minimum age to buy e-cigarettes: 21
  • Drink-driving limitsBlood alcohol limit for ordinary drivers: 0.08% · Lower limit for novice or young drivers: Any alcohol, under 21

Compare with the other states and provinces →

General information, not legal advice. Rules change: check the official source before you fly or ride.