While 49 states ban texting while driving, you navigate Montana’s highways freely with your phone—yet cities like Bozeman and Billings enforce local handheld bans. Senate Bill 359 pushes for statewide hands-free rules amid rising fatalities, but resistance persists. You’ll weigh if Montanans’ independence trumps safety’s urgent call.

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Key Takeaways
- Montana lacks a statewide distracted driving ban, unlike all other U.S. states.
- SB 359 proposed banning handheld device use while driving, requiring hands-free operation.
- Prohibitions include texting, video watching, and social media, with navigation exceptions.
- Violations incur $75–$250 fines and 3 points toward license suspension.
- SB 359 passed Senate but died in House during 2025 session.
Is Texting and Driving Legal in Montana?
Texting while driving remains legal statewide in Montana, making it the only U.S. state without a ban as of August 2023.
You can text freely on highways, though cities like Bozeman, Billings, and Missoula enforce local bans within their limits.
Past bills failed due to effectiveness doubts and rights concerns.
Texting’s texting dangers—visual, manual, cognitive distractions—spike crash risks, with NHTSA driving statistics showing over 3,000 annual U.S. distracted-driving deaths.
Senate Bill 359 pushes for statewide handheld device curbs, but you’re unbound by state law now.
Drive alert; local rules apply where you roam.
Senate Bill 359: What the Proposal Would Change
Senate Bill 359 proposes key changes to Montana’s traffic laws by requiring you to use hands-free devices while driving and prohibiting you from holding portable electronics, aligning the state with 49 others that ban texting behind the wheel.
You’ll face escalating fines for repeat violations, plus 3 traffic points per offense that could suspend your license as a habitual offender.
The bill also restricts you from distracting activities like social media use or videoconferencing, with its initial hearing set for Wednesday at 3 p.m. in the Highways and Transportation Committee.
Bill Provisions
One provision would ban holding or using a handheld electronic device while driving and require hands‑free operation for most in‑vehicle communications, effectively outlawing texting, videoconferencing, web browsing, and similar activities when a vehicle is moving.
You’d face escalating fines for repeated violations, signaling stronger enforcement and clear consequences to deter distracted driving and increase compliance under this legislation impact.
The bill closes Montana’s gap by creating a comprehensive statewide distracted driving rule where none existed, aligning the state with nationwide norms and standardizing definitions, exceptions, and point assessments to aid consistent application and prosecution.
Key Changes
Senate Bill 359 introduces Montana’s first statewide ban on handheld electronic device use while driving, requiring hands-free operation to curb texting, videoconferencing, web browsing, and similar distractions.
You’ll face escalating fines for repeat violations, deterring noncompliance and classifying offenses as 3-point infractions under habitual traffic offender rules.
This targets distracted driving gaps, aligning Montana with 49 states’ bans and unifying regulations for stronger enforcement.
Its legislative impact promises safer roads by reducing crash risks from device distractions, backed by advocates’ safety data.
Penalties Imposed
SB 359 would make distracted-driving violations costly and consequential: a first handheld-use offense would carry a civil fine of $75–$149, repeat offenses would jump to $150–$250, and each distracted‑driving violation would add 3 points toward habitual‑offender status—exposure that can ultimately trigger license suspension for repeat violators.
You’ll face stricter penalty enforcement under these driving regulations:
- Escalating fines deter repeat handheld device use, unifying Montana’s fragmented rules.
- 3-point accrual per violation accelerates habitual-offender thresholds within 3 years.
- License suspension looms for accumulators, targeting safety risks precisely.
- Statewide hands-free mandate fills gaps, curbing accidents via evidence-based deterrence.
Chloe’s Law — the Story Behind the Legislation
You encounter Chloe’s Law, named for Chloe Worl, whom a distracted driver killed in 2021 by crossing the centerline at high speed, resulting in the driver’s 10-year suspended sentence.
Her family drives the bill’s advocacy, sharing their story in Washington D.C. to push Senate Bill 359’s hands-free requirements and prevent further tragedies.
This evidence-based push underscores Montana’s lag as the last state without statewide handheld device bans, fueling their resolve despite the bill’s failure in 2025.
Chloe’s Tragic Death
Chloe Worl, a 25-year-old driver, died instantly on March 10, 2021, when Heidi Turney Lagge—texting and Snapchatting—crossed the centerline for at least 366 feet and slammed into her pickup at 60 mph south of Dillon.
You witness the preventable horror: Lagge’s phone distraction caused a head-on collision, despite Chloe’s evasive braking to 16 mph.
Her 10-year suspended sentence fueled outrage.
- Distracted drift: 366 feet off-lane proves fatal inattention.
- Instant death: 60-mph impact ended Chloe’s life abruptly.
- Chloe’s legacy: Fuels SB 359 banning handheld devices.
- Advocacy impact: Family’s D.C. push drives stricter laws.
Family’s Advocacy Drive
Fueled by a 10-year suspended sentence for the distracted driver, the Worl family actively advocates for Chloe’s Law, named for their daughter killed in 2021, to ban handheld devices and strengthen Montana’s fragmented regulations.
You witness their relentless push, sharing personal tragedy to spotlight distracted driving dangers and rally family support across communities.
This evidence-based campaign analyzes gaps in current laws, driving legislative impact toward unified penalties that prevent fatalities and maintain accountability.
Their story transforms grief into action, urging you to back reforms for safer roads.
Current Local Ordinances vs. the Absence of a Statewide Ban
- Highways evade rules, heightening crash odds.
- Varying penalties undermine deterrence.
- Advocacy pushes repeal, worsening voids.
- Absent uniformity fuels preventable fatalities.
Types of Distractions Drivers Should Avoid
Drivers must avoid texting while driving, which combines visual distractions, manual, and cognitive distractions. This keeps eyes off the road for an average of 4.6 seconds—equivalent to blind travel the length of a football field at 55 mph.
You’ll also heighten crash risks by using smartphones for social media or videoconferencing, which demand sustained attention. Adjusting GPS pulls your focus, while grooming like applying makeup or shaving impairs reactions to hazards.
Even eating or drinking steers your hands from the wheel and eyes from traffic, amplifying accident odds through divided vigilance.
Prioritize full road awareness to mitigate these proven dangers.
How Distracted Driving Affects Fault and Liability in Montana
Key impacts include:
- Distracted driving counts as negligence, boosting your liability share.
- Cell records and eyewitnesses prove distraction in fault determination.
- You’re barred from damages over 50% fault under comparative rules.
- It leads U.S. accidents, demanding evidence for clear liability.
What Evidence Is Needed to Prove Distracted Driving in a Crash
To prove distracted driving in a Montana crash, you’ll need strong evidence like cell phone records showing usage at the crash time, eyewitness statements detailing the driver’s behavior, and police reports noting devices at the scene.
You should also gather traffic camera or dashcam footage and obtain expert testimony from accident reconstructionists to link distraction to causal actions.
Preserve phone metadata and subpoena carrier records for timestamps. Collect clear witness accounts describing distraction examples (texting, calling, navigation use).
Document vehicle interior photos, device positions, and police observations to create a cohesive, evidence‑types‑based case.
Penalties and Points: Proposed Enforcement Under SB 359
Under SB 359, you’ll face a fine of $75–$149 for your first hands-free violation while driving, escalating to $150–$250 for each subsequent offense to deter repeat distracted driving.
You’ll also accumulate 3 points per violation on your driving record, which can lead to license suspension if you reach habitual offender thresholds within three years.
This structure unifies penalties across Montana, replacing inconsistent local rules to boost road safety through accountability.
Fine Structure
Key elements:
- Initial fines deter casual handheld use, reducing first-time risks.
- Escalation punishes persistence, amplifying fines impact on habitual violators.
- Points system links to habitual offender status, risking suspension.
- Enforcement challenges persist without robust statewide compliance tools.
Point Accumulation
| Offense | Points | Consequence |
|---|---|---|
| Distracted Driving | 3 | License risk at 30 pts |
| Speeding | 3 | Accumulates to suspension |
| Hit-and-Run (Injury) | 8 | Habitual offender |
| DUI | 12 | Immediate review |
| Reckless Driving | 5 | Escalating penalties |
Proponents cite similar state laws reducing distracted driving prevalence, enhancing compliance.
Practical Safety Steps for Novice and Teen Drivers
1. Enroll in programs teaching electronic device dangers to build focus.
2. Avoid adjusting music or GPS; preset everything.
3. Ban grooming—it’s distracted driving.
4. Ask passengers to assist, respecting your focus.
Interacting With Passengers: Reducing In-Car Distractions
Passengers often create cognitive distractions through conversations that divert your attention from the road, a risk heightened for teen operators.
You should set clear passenger communication rules before driving: limit chatter during intersections, turns, or heavy traffic and ask friends to mute competing audio.
Use distraction management by assigning navigation or media control to a passenger so you keep hands and eyes forward.
If multiple passengers increase side conversations, pause and request quiet or pull over to address issues.
Reinforce expectations consistently; teens who enforce these ground rules reduce in-car distraction risk and improve focus.
What to Do Immediately After a Car or Truck Accident in Montana
- Call 911 immediately if injuries occur, fulfilling legal accident reporting duties.
- Exchange contact, insurance, and vehicle details (make, model, plates) with others involved.
- Document the scene: photograph damage, road conditions, and signals for evidence-based claims.
- Notify your insurer promptly to initiate insurance claims, as fault percentages reduce compensation.
When to Hire a Montana Car Accident Attorney and What They Do
Hire a Montana car accident attorney if a distracted driver causes your crash, as they’ll gather critical evidence like cell phone records and eyewitness statements to establish liability.
They’ll navigate Montana’s modified comparative fault rule, securing damages if you’re 50% or less at fault. Given distracted driving law complexities, your attorney guarantees regulatory compliance and negotiates fair compensation from insurers.
They prove negligence—failure to exercise reasonable care—via expert legal representation. Hiring boosts full recovery for medical bills, lost wages, and pain in your car accident case.
Resources and Campaigns to Prevent Distracted Driving
- Access NHTSA campaigns for data-proven risk awareness.
- Use NSC materials to master safe driving techniques.
- Join Zero Fatalities for real-impact testimonials.
- Support SB 359 advocacy to enforce hands-free laws.
State-by-State Distracted Driving Laws: Texting Bans, Handheld Rules & Penalties
| Alabama | Texting and handheld phone use banned for all drivers; primary enforcement with fines for violations. |
| Alaska | Handheld phone use prohibited for all drivers; texting is banned; escalating fines apply. |
| Arizona | Texting while driving is banned; handheld phone use discouraged with primary enforcement and penalties. |
| Arkansas | Texting ban for all drivers; handheld phone use restricted with fines and points on license. |
| California | Strict texting and handheld phone ban for all drivers; hands-free required with significant fines. |
| Colorado | Texting while driving prohibited; handheld phone use restricted; fines for primary enforcement. |
| Connecticut | Texting ban and handheld phone restrictions; primary enforcement with tiered fines. |
| Delaware | Texting and handheld phone use banned for all drivers; hands-free recommended with penalties. |
| Florida | No texting while driving; handheld phone use restricted in school/zones; fines apply for violations. |
| Georgia | Texting ban for all drivers; handheld phone restrictions with secondary enforcement and fines. |
| Hawaii | Statewide texting ban; handheld use restrictions; hands-free strongly advised with penalties. |
| Idaho | Texting while driving prohibited; handheld phone use discouraged with fines and points. |
| Illinois | Texting ban for all drivers; handheld phone use limited; primary enforcement rights granted to police. |
| Indiana | Texting and handheld phone restrictions in place; fines and possible license points apply. |
| Iowa | Texting ban for all drivers; handheld phone use restricted; enforcement with financial penalties. |
| Kansas | Texting and handheld phone use prohibited for novice drivers; restrictions and fines apply. |
| Kentucky | Texting ban and restrictions on handheld devices for all drivers; penalties and points apply. |
| Louisiana | Texting prohibited; limited handheld use restrictions; fines and ticketing enforced. |
| Maine | Texting and handheld phone bans in place; primary enforcement with fines and points. |
| Maryland | Statewide texting ban; handheld phone use restricted; graduated fines for violations. |
| Massachusetts | Texting and handheld restrictions; primary enforcement with escalating penalties. |
| Michigan | Texting while driving banned; handheld use discouraged; fines and potential points apply. |
| Minnesota | Texting and handheld phone use prohibited; hands-free preferred with fines for violations. |
| Mississippi | Texting ban and phone restrictions; enforcement with fines and possible points. |
| Missouri | Texting disallowed; handheld phone restrictions; fines and citations follow violation. |
| Nebraska | Texting ban in effect; handheld phone restrictions apply with graduated fines. |
| Nevada | Texting and handheld phone use banned; hands-free strongly recommended with penalties. |
| New Hampshire | Texting prohibited; handheld phone use discouraged; enforcement with fines and tickets. |
| New Jersey | Texting and handheld phone use banned; primary enforcement; significant penalties apply. |
| New Mexico | Texting ban and restrictions on handheld device use; fines and enforcement in effect. |
| New York | Strict texting and handheld phone bans; primary enforcement; high penalties for violations. |
| North Carolina | Texting and handheld use prohibited; enforcement leads to fines and possible license actions. |
| North Dakota | Texting banned; handheld phone use restricted; tickets issued for violations. |
| Ohio | Texting and handheld phone bans; handheld use restricted; fines and points apply. |
| Oklahoma | Texting prohibited; some handheld phone use restrictions; citations and fines enforced. |
| Oregon | Texting ban and handheld phone restrictions; primary enforcement and fines apply. |
| Pennsylvania | Texting and handheld use banned; hands-free preferred with penalties for violations. |
| Rhode Island | Texting and handheld phone use prohibited; primary enforcement with fines. |
| South Carolina | Texting ban in effect; handheld phone use restricted with fines and enforcement. |
| South Dakota | Texting while driving banned; handheld phone rules enforced with penalties. |
| Tennessee | Texting and handheld limits in place; fines assessed for violations. |
| Texas | Texting ban; handheld phone restrictions; citations and fines for distracted driving violations. |
| Utah | Texting prohibited; handheld phone use restricted; enforcement includes fines. |
| Vermont | Texting ban and handheld phone limitations; fines apply for violations. |
| Virginia | Texting and handheld phone use prohibited; hands-free preferred with fines for violations. |
| Washington | Strict texting ban; handheld phone restrictions; high enforcement and fines. |
| West Virginia | Texting prohibited; handheld use restrictions; penalties enforced with fines. |
| Wisconsin | Texting and handheld phone bans; enforcement with fines and possible license points. |
| Wyoming | Texting ban in place; handheld phone use restricted; citations issued for violations. |
Frequently Asked Questions
Is There a Distracted Driving Law in Montana?
No, you face no statewide distracted driving law in Montana; phone usage regulations and distracted driving penalties remain absent, despite SB 359’s failure in 2025.
Am I Allowed to Touch My Phone While Driving?
You can touch your phone while driving in Montana—no statewide ban exists, disproving myths of universal prohibition. Yet, you’re risking phone usage violations in cities and compromising driving safety via distractions.
Is Montana a Zero Tolerance State?
No, you aren’t in a zero tolerance state; Montana lacks statewide bans on handheld devices or texting while driving, so you face no driving penalties for them, unlike 49 other states. Local ordinances may apply.
Is It Illegal to Drive Without Shoes in Montana?
Contrast comfort with caution: you can drive barefoot in Montana — no specific Footwear Regulations ban it — but Driving Safety matters, and you can be cited if lack of footwear causes unsafe or reckless driving.
Conclusion
You steer Montana’s roads like a tightrope walker juggling flames—distracted by phones, you’re one glance away from catastrophe. As the lone state without a statewide ban, you rely on patchy local ordinances amid 3,275 annual U.S. distraction deaths. Champion SB 359‘s hands-free push; evidence from hands-free states shows crash drops. Act now—you grip the wheel, you save lives.

