Sacramento,
CA-- 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
prepared by the California Highway Patrol.
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 law 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.
The second law prohibits drivers under the age of 18
from using a wireless telephone or a 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 agencies.
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 driver's 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 goes into 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. 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 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 "hands-free" 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 officer's
opinion, the driver was distracted and not operating the
vehicle safely. Text paging while driving is unsafe at
any speed and is strongly discouraged.
DRIVERS
UNDER 18
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 phones, 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: No. 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 phone if you were pulled
over for another violation. However, the
prohibition against using a handheld wireless telephone
while driving is a PRIMARY violation for which a law
enforcement officer can pull you over.