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Phone & Hands-Free Law No. DE Hand-held ban — all drivers

Delaware Truck Driver Phone Law

You carry the federal hand-held ban into Delaware (49 CFR 392.82), so holding a phone is a scored violation at any inspection even where the state penalty is only civil. State law also bars all drivers from using a handheld device while the vehicle is in motion (21 Del. C. §4176C), primary enforcement: a $100 civil penalty first, then $200 to $300 for a repeat within two years. No license points are assessed, but the ban still stands.

State rule (all drivers)Hand-held ban — all drivers
First-offense fine$100 civil penalty first offense; $200 to $300 for a repeat within 2 years
License pointsNo motor-vehicle points assessed by statute
Statute21 Del. C. §4176C (Electronic communication devices)
01 The federal floor

The federal ban applies here first

Federal law rides with your CDL in every state. FMCSA 49 CFR 392.82 bans all hand-held phone use while driving a CMV: no holding it to talk, no dialing more than a single button, no reaching for the phone out of your belted seat. A separate rule (49 CFR 392.80) bans texting and manual data entry. Only hands-free counts as compliant (mounted or in close reach, one-touch or voice, no reaching), and the only exception is calling 911. "Driving" includes sitting at a red light or stuck in traffic; you are clear only once fully off the road and stopped. Penalties run up to $2,750 for the driver and $11,000 for the carrier. It is a CSA serious violation: two convictions in any 3-year period disqualify your CDL for 60 days, three or more for 120 days (49 CFR 383.51).

02 What Delaware adds

Delaware’s rule for all drivers

You carry the federal hand-held ban into Delaware (49 CFR 392.82), so holding a phone is a scored violation at any inspection even where the state penalty is only civil. State law also bars all drivers from using a handheld device while the vehicle is in motion (21 Del. C. §4176C), primary enforcement: a $100 civil penalty first, then $200 to $300 for a repeat within two years. No license points are assessed, but the ban still stands.

Delaware Truck Phone Law FAQ

Can truck drivers use a phone in Delaware?
Only hands-free. The federal FMCSA ban (49 CFR 392.82) bars every CDL driver from holding a phone in Delaware. Delaware also bans hand-held use for all drivers (21 Del. C. §4176C (Electronic communication devices)).
What is the phone fine in Delaware?
$100 civil penalty first offense; $200 to $300 for a repeat within 2 years. No motor-vehicle points assessed.
Is texting while driving illegal in Delaware?
Texting banned for all drivers, primary enforcement (21 Del. C. §4176C).

Reference information for planning, not legal advice. Traffic laws change and this can be out of date, so always confirm the current statute and obey posted signs before you rely on it. Last reviewed July 2026. Source: https://delcode.delaware.gov/title21/c041/sc09/index.html. See our Terms & Disclaimer.

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