The New Jersey State Legislature has passed a new state law banning the use of cellular phones while driving .  This new law affects the entire state of New Jersey, and prohibits cell phone use, unless the driver is using a hands-free cellular device. 

According to the new law, NJSA 39:4-97.3, it is illegal for any driver of any vehicle traveling upon any road in the State of New Jersey to operate a car and also use a cellular phone.   The law defines 'use' as talking or listening while operating a motor vehicle.  In cases of emergency, cell phones can be utilized by a driver without violating the law. This law is considered a 'secondary' offense and can only be enforced when the driver is stopped for committing a motor-vehicle violation or another offense.  The fine shall not be less than $100.00, nor more than $200.00, and, currently, no motor vehicle points shall be assessed.

Again, the two notable exceptions to this new law are: using a hands-free cellular phone device while driving; and/or using a cellular phone while driving to report an emergency to authorities.  Therefore, it is legal to use a cell phone while driving if the driver has, for example, a cell phone ear-piece or a speakerphone that allows the driver's hands to remain free.  It is also legal to use a cellular phone (hands-free or not) if the driver is reporting an emergency to an emergency operator, for example 9-1-1.   

Under this new law, it does not matter what state the driver is from, nor the state in which the vehicle is registered.  If the car is traveling upon a roadway in New Jersey, it is now illegal to use a cellular phone.  Previous borough, township, village, or city ordinances passed by various municipalites throughout the State of New Jersey are no longer necessary as this new law bans cell-phone use by a driver everywhere in New Jersey.