Tempe Drivers Face New Rules as Arizona Senate Passes First-Ever Statewide Phone Ban While Driving

The Arizona Senate voted 20 to 10 on Monday to pass SB 1165, a bill that would create the state's first-ever statewide ban on using a cell phone while driving. The measure now heads to the House, where its fate remains uncertain.

If the bill clears the House and reaches the governor's desk, it would make Arizona the 48th state to ban distracted driving. The law would affect every motorist in Tempe and across the state.

What the bill would change

Under SB 1165, drivers would be prohibited from:

• Texting or sending messages while the vehicle is in motion
• Holding a phone to take or make calls while driving
• Watching videos or movies on a phone or tablet while driving

Drivers would be allowed to use hands-free devices for calls. They could also use their phones if stopped at a traffic light or pulled over and parked. Navigation apps would remain legal.

The law would not take effect until 2021, though police could issue warnings during the interim period. A first violation would carry a fine of up to $149. Subsequent offenses would cost between $150 and $250.

Why it matters to Tempe

Tempe is already among the 28 Arizona communities that have passed their own local distracted driving ordinances. Senate President Karen Fann, R-Prescott, said a statewide statute would eliminate confusion for drivers who travel across municipal lines.

"Having a statewide statute controlling the issue will ensure that all motorists know what is and is not legal, no matter where they're driving."

Currently, Arizona law only restricts phone use for drivers under 18 or those with a learner's permit. It took until 2017 for lawmakers to pass even that narrow restriction.

The push behind the bill

The death of Clayton Townsend, a five-year veteran of the Salt River Police Department, helped galvanize support for SB 1165. Townsend was struck and killed in January by a motorist who admitted to texting at the time of the crash.

Sen. Kate Brophy McGee, R-Phoenix, who has been leading the effort, compared distracted driving to drunk driving.

"It's actually a public health crisis," Brophy McGee said. "It's the DUI issue of our time."

Opposition remains

Not all senators agreed with the approach. Sen. Sylvia Allen, R-Snowflake, argued that existing laws already hold drivers accountable for accidents caused by distraction.

"People must be personally responsible for what they do," Allen said. "And if they cause an accident, whether it is from texting or any other distraction that's going on in that car, they will be held responsible and should be held responsible."

Sen. Eddie Farnsworth, R-Gilbert, criticized the bill for targeting a specific device rather than the broader problem of driver impairment.

"If I put it to the side and it falls on the floor under my feet, I can't legally even pick it up," Farnsworth said. "That makes no sense to me."

What happens next

The bill now moves to the Arizona House of Representatives, where it faces an uncertain path. The House has historically been less supportive of broad distracted driving bans. Gov. Doug Ducey has said he would sign a texting-while-driving ban if one reaches his desk.

For Tempe drivers, the patchwork of local ordinances will remain in place until a statewide law is enacted and takes effect.