Did you know that some new cell phone laws in Arkansas went into effect this past summer? With Thanksgiving weekend being one of the most traveled weekends of the year, it's a good idea to go over these laws again. 

Act 738 restricts the use of cellphones on the roadways.

Talking on the Phone

Drivers 21 years and older. For most drivers, talking on a phone while driving is lawful except when driving through a school zone or highway work zone while workers are present. In these restricted zones, talking on a phone is permitted only with hands-free technology.

Drivers under 18 years old. Arkansas drivers who are under 18 years old are entirely prohibited from using a cellphone while driving regardless of whether the phone is in hands-free mode. The only exception is for emergency purposes.

Drivers 18 to 21 years old. Motorists who are at least 18 but not yet 21 years old can’t use a handheld phone while driving but are allowed to talk on the phone using hands-free technology. These drivers are permitted to use a handheld phone only during an emergency.


Cellphone violations carry fines of $25 to $250 for a first offense and $50 to $500 for a second or subsequent offense. Fines are doubled for violations that involve collisions. However, a cellphone violation won’t add demerit points to the motorist’s driving record.

Text Messaging and Use of a Wireless Communication Device

In Arkansas, all motorists are prohibited from using a wireless communication device (such as a cellphone, tablet or similar device) while operating a vehicle to:

  • engage in texting, or
  • access, read, or post to a social media networking site.

“Texting” means reading from or manually entering data into a wireless communications device, including doing so for the purpose of SMS texting, emailing, instant messaging, or engaging in any other form of electronic data retrieval or electronic data communication. However, using a GPS system, music player, or any device in hands-free mode generally doesn’t count as texting.

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