Reminder: New Cellular Telephone Use Law will be effective July 1, 2008. On February 4, 2006 Legislation was added in the State of California as Section 12810.3 of the Vehicle Code. According to SB 1613, effective July 1, 2008, those caught talking on a hand-held cell phones while driving will be fined up to $50 per violation. Hands-free devices are permitted. The new law does not apply to individuals using a cell phone to contact a law enforcement or public safety agency for emergency purposes. In addition, it does not apply to emergency services professionals while operating an authorized emergency vehicle. Is Using A Hands-Free Cellular Telephone Really Safe? FAQ's
Two
new laws dealing with the use of wireless telephones while driving go into
effect July 1, 2008. Below is a list of Frequently Asked Questions concerning
these new laws.
Q:
When do the new wireless telephone laws take effect?
A: The new laws take effect July 1, 2008.
Q:
What is the difference between the two laws?
A: The first prohibits all drivers from using a handheld wireless telephone
while operating a motor vehicle, (Vehicle Code (VC) §23123). Motorists 18 and
over may use a "hands-free device." Drivers under the age of 18 may
NOT use a wireless telephone or hands-free device while operating a motor
vehicle (VC §23124).
Q:
What if I need to use my telephone during an emergency, and I do not have a
"hands-free" device?
A: The law allows a driver to use a wireless telephone to make emergency calls
to a law enforcement agency, a medical provider, the fire department, or other
emergency services agency.
Q:
What are the fines(s) if I’m convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent
convictions. With the addition of penalty assessments, the fines can be more
than triple the base fine amount.
Q:
Will I receive a point on my driver license if I’m convicted for a violation
of the wireless telephone law?
A: No. The violation is a reportable offense, however, DMV will not assign a
violation point.
Q:
Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.
Q:
Will there be a grace period when motorists will only get a warning?
A: No. The law becomes effective July 1, 2008. Whether a citation is issued is
always at the discretion of the officer based upon his or her determination of
the most appropriate remedy for the situation.
Q:
Are passengers affected by this law?
A: No. This law only applies to the person driving a motor vehicle.
Q:
Do these laws apply to out-of-state drivers whose home states do not have such
laws?
A: Yes.
Q:
Can I be pulled over by a law enforcement officer for using my handheld wireless
telephone?
A: Yes. A law enforcement officer can pull you over just for this infraction.
Q:
What if my phone has a push-to-talk feature, can I use that?
A: No. The law does provide an exception for those operating a commercial motor
truck or truck tractor (excluding pickups), implements of husbandry, farm
vehicle or tow truck, to use a two-way radio operated by a “push-to-talk”
feature. However, a push-to-talk feature attached to a hands-free ear piece or
other hands-free device is acceptable.
Q:
What other exceptions are there?
A: Operators of an authorized emergency vehicle during the course of employment
are exempt, as are those motorists operating a vehicle on private property.
Drivers
18 and over will be allowed to use a "hands-free" device to talk on
their wireless telephone while driving. The following FAQs apply to those
motorists 18 and over.
Q:
Does the new “hands-free” law prohibit you from dialing a wireless telephone
while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to
dial while driving.
Q:
Will it be legal to use a Bluetooth or other earpiece?
A: Yes, however you cannot have BOTH ears covered.
Q:
Does the new "hands-free" law allow you to use the speaker phone
function of your
wireless
telephone while driving?
A: Yes.
Q:
Does the new “hands-free” law allow drivers 18 and over to text message
while driving?
A: The law does not specifically prohibit that, but an officer can pull over and
issue a citation to a driver of any age if, in the officer’s opinion, the
driver was distracted and not operating the vehicle safely. Sending text
messages while driving is unsafe at any speed and is strongly discouraged.
Q:
Am I allowed to use my wireless telephone "hands-free?"
A: No. Drivers under the age of 18 may not use a wireless telephone, pager,
laptop or any other electronic communication or mobile services device to speak
or text while driving in any manner, even "hands-free." EXCEPTION:
Permitted in emergency situations to call police, fire or medical authorities
(VC §23124).
Q:
Why is the law stricter for provisional drivers?
A: Statistics show that teen drivers are more likely than older drivers to be
involved in crashes because they lack driving experience and tend to take
greater risks. Teen drivers are vulnerable to driving distractions such as
talking with passengers, eating or drinking, and talking or texting on wireless
devices, which increase the chance of getting involved in serious vehicle
crashes.
Q:
Can my parents give me permission to allow me to use my wireless telephone
while
driving?
A: No. The only exception is an emergency situation that requires you to call a
law enforcement agency, a health care provider, the fire department or other
emergency agency entity.
Q:
Does the law apply to me if I’m an emancipated minor?
A: Yes. The restriction applies to all licensed drivers who are under the age of
18.
Q:
If I have my parent(s) or someone age 25 years or older in the car with me, may
I use my
wireless
telephone while driving?
A: No. You may only use your wireless telephone in an emergency situation.
Q:
Will the restriction appear on my provisional license?
A: No.
Q:
May I use the hands-free feature while driving if my car has the feature built
in?
A: No. The law prohibits anyone under the age of 18 from using any type of
wireless device while driving, except in an emergency situation.
Q:
Can a law enforcement officer stop me for using my "hands-free" device
while driving?
A: For drivers under the age of 18, this is considered a SECONDARY violation
meaning that a law enforcement officer may cite you for using a "hands-free"
wireless
device if you were pulled over for another violation. However, the prohibition
against using a handheld
wireless device while driving is a PRIMARY violation for which a law enforcement
officer can pull you over.
The
two laws were the result of SB 1613 and SB 33, authored by Assemblyman Joe
Simitian and signed into law by Gov. Arnold Schwarzenegger in September 2006.
Source:
The California Higway Patrol