Primary and secondary enforcement explained

Enforcement type, priority

Generally, some States, Provinces and municipalities have set rules about how police are instructed to carry out the process of enforcing local hands free cell phone law, and other laws. In many jurisdictions police are overwhelmed with things to do. Establishing whether a cell phone law violation is a primary or secondary enforcement item helps set priorities for the agency.

Whether the enforcement type (primary or secondary) is written into the law or set by local policy may vary from one jurisdiction to another.

Either way - for many of us - a policeman or policewoman wouldn't need to follow us very long to have cause to stop us for something we did.

Primary and secondary enforcement of hands free cell phone laws

Primary enforcement

The assignment of the primary enforcement category to a law associates a higher priority to police with regard to which laws they focus on enforcing. In the context of cell phones and driving, this means that a police officer can stop you and cite you for an observed violation of your local version of the hands free cell phone law. The police officer does not need to have some other primary reason to stop you, such as your tail light being out or speeding.

Secondary enforcement

Secondary enforcement means that a law will usually only be enforced when a primary enforcement offense has also occurred. In areas where hands free cell phone laws are in the secondary enforcement category, police will usually enforce your hands free cell phone law with a citation only when there is another Primary enforcement reason to stop your vehicle and have a conversation with you.

For example, your State requires that you wear a seat belt while driving or riding in a vehicle on a public road. The seat belt law has a primary enforcement status. But you were in a hurry and forgot to buckle your seat belt and now part of it is hanging outside your closed car door as you drive. A police officer sees the seat belt hanging out the closed door and you holding the phone to your ear and stops your vehicle. You learn that you are getting a citation (ticket) for not wearing your seat belt (primary enforcement) and for using the phone without a hands-free device while driving (secondary enforcement).

Note: Local rules may vary as to whether an officer is required to cite you for the primary enforcement reason you were stopped in order to be able to cite you for a Secondary enforcement offense.
Example: If overly loud exhaust noise is a primary enforcement item in your area, the police officer may choose to give you a verbal warning about your loud exhaust pipes and also cite you (give you a ticket) for using you phone without a hands free device while driving, if that was the case.

Note: There are many hands free devices available for less money than the price of a traffic citation in several States that have laws requiring their use.