 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 if I'm convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent
convictions. According to the Uniform Bail and Penalty Schedule,
with the addition of penalty assessments, a first offense is $76
and a second offense is $190.
Q: Will I receive a point on my drivers license if IÕm 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 in effect on 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.
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
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 Blue Tooth 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 Òhands-freeÓ law
allow drivers 18 and over to text page 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 officerÕs opinion, the driver was distracted and not operating
the vehicle safely. Text paging while driving is unsafe at any
speed and is strongly discouraged.
For more information and for information regarding Drivers under
18 years of age, please visit the website: http://www.dmv.ca.gov/cellularphonelaws/
Thanks to Gary A. for submitting this information.
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