The movement to ban talking on cell phones while driving took hold in California and Washington State Tuesday. Restrictions on using cell phones while driving continue to spread throughout the country in a patchwork fashion with some states getting tough while many others don't have any rules at all.

The Washington ban is a so-called secondary offense law -- law enforcement authorities must first find that a driver is committing another offense like speeding before a citation can be issued for violating the cell phone ban. Washington does permit using a headset or other hands-free approach to talking on a cell phone while driving.

A violation in Washington can cost a driver a $124 ticket. In California, a first offence is just $20, but penalties can escalate with increasing violations.

If that isn't confusing enough, consider what the Insurance Institute for Highway Safety has to say on the matter. "Laws like Washington's probably will have a big effect on making people feel good about passing a law, but zero effect on highway safety," said Russ Rader, a spokesman for the insurance trade association, according to a recent Associated Press report.

In California, the "hands-free" and "hands-off" regulations stipulate that drivers over 18 must use a hands-free device and drivers under 18 can't use a cell phone at all in a moving vehicle. The California law was passed two years ago to give drivers time to acquire hands-free devices like speakers, ear buds and headsets.

In states with the ban in effect, exceptions are generally given for incoming calls and for emergency calls.

California traffic safety officials believe the ban will prove to be worthwhile. Citing studies from the Public Policy Institute of California, the California Highway Patrol says there should be 300 fewer traffic deaths every year with the ban in force. More than 4,000 people are killed annually in the state in traffic accidents.

While the Washington and California laws are relatively mild, they may eventually have to adopt more Draconian measures to be effective. New Jersey, for instance, started with a relatively lax ban that only produced about 1,400 tickets a month. However, In March the state tightened its law and now issues 10 times as many tickets.