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

New Jersey Truck Driver Phone Law

The federal hand-held ban rides with your CDL in New Jersey — no holding or reaching, even stopped in traffic (49 CFR 392.82). New Jersey bans hand-held talking and texting for every driver as a primary offense (§39:4-97.3). A first ticket is $200 to $400, rising to $600 to $800 on a third, which also adds 3 points and up to a 90-day suspension. A conviction more than 10 years after the last one resets to a first offense.

State rule (all drivers)Hand-held ban — all drivers
First-offense fine$200 to $400 first offense, $400 to $600 second, $600 to $800 for a third or later, plus 3 motor-vehicle points and a possible 90-day license suspension on the third
License pointsNo MVC points for a first or second offense; 3 points and a possible 90-day suspension on a third within 10 years
StatuteN.J. Stat. Ann. §39:4-97.3
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 New Jersey adds

New Jersey’s rule for all drivers

The federal hand-held ban rides with your CDL in New Jersey — no holding or reaching, even stopped in traffic (49 CFR 392.82). New Jersey bans hand-held talking and texting for every driver as a primary offense (§39:4-97.3). A first ticket is $200 to $400, rising to $600 to $800 on a third, which also adds 3 points and up to a 90-day suspension. A conviction more than 10 years after the last one resets to a first offense.

New Jersey Truck Phone Law FAQ

Can truck drivers use a phone in New Jersey?
Only hands-free. The federal FMCSA ban (49 CFR 392.82) bars every CDL driver from holding a phone in New Jersey. New Jersey also bans hand-held use for all drivers (N.J. Stat. Ann. §39:4-97.3).
What is the phone fine in New Jersey?
$200 to $400 first offense, $400 to $600 second, $600 to $800 for a third or later, plus 3 motor-vehicle points and a possible 90-day license suspension on the third. Primary enforcement.
Is texting while driving illegal in New Jersey?
New Jersey's ban covers both hand-held talking and texting for every driver (§39:4-97.3), enforced as a primary offense.

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://law.justia.com/codes/new-jersey/title-39/section-39-4-97-3/. See our Terms & Disclaimer.

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