Dear Action Line,
Colorado‘s hands-free driving law has been in effect since Jan. 1, but I don’t see a lot of changes in drivers’ behavior since then. From texting to phone calls to who knows what, people seem to be more distracted than ever. Is the law being enforced locally? Statewide? – Signed, Attentive Driver
Dear Attentive Driver,
Distracted driving appears to be having a moment in Durango.
On Monday, a pickup truck was struck by a Durango & Silverton Narrow Gauge Railroad locomotive, and the driver even admitted that they were distracted. We don’t know if they were looking at their phone or doing something else, but the result is a uniquely Durango consequence to not paying attention to the road ahead, or the perpendicular train tracks.
As a refresher, the Colorado Hands-Free Law bans all cellphone use when driving. That includes texting, holding your phone up to your ear, or speaking into it via speaker phone. Action Line reached out to law enforcement agencies to find out how enforcement of this law is going so far this year.
The Durango Police Department has issued four citations for hands-free violations, a police department spokesperson said. Three of those incidents included crashes where careless driving was determined to be a factor.
DPD said that the Colorado Hands-Free Law is a secondary offense. This means officers can’t pull a driver over simply for using their cellphone. Instead, a driver must be using their cellphone as well as violating a primary offense, such as speeding.
What about around the state?
Colorado State Patrol has issued 498 citations to drivers violating the law on the highways across the state, said Trooper Gabriel Moltrer of the Public Affairs Office.
“Law enforcement can pull over drivers if an officer witnesses an individual driving carelessly or imprudently while holding a device in their hands or pinning it to their ears,” he said. “Some examples are a driver holding a cellphone to their ear while driving through a construction zone or a driver holding a phone in their hand and looking at it while traveling 75 mph on a highway.”
Want to avoid the $75 fine and two license suspension points that first time offenders get? Make sure to get a hands-free accessory. “Hands-free accessories include Bluetooth headsets, dashboard mounts, CarPlay and Android auto and car speaker phone systems,” according to the Colorado Department of Transportation.
Don’t worry, the law doesn’t apply to drivers reporting an emergency.
“Every life in our community matters – and that’s what drives our approach to traffic safety,” said McKenzie Perdue of the DPD. “The Hands-Free Law isn’t just about compliance; it’s about protecting people. Distracted driving, even for a moment, can change lives forever. Our role is to help prevent that from happening.”
There’s your primer on the Hands-Free Law. Make sure to keep your hands on the wheel and eyes on the road – or risk getting pulled over, causing a crash or getting hit by the train.
Submit questions or concerns to actionline@durangoherald.com or mail questions to Action Line, The Durango Herald, 1275 Main Ave., Durango, CO 81301.
