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Insurance
News
CHP Provides Information About New Cell
Phone Laws
 The
California Highway Patrol has compiled the following list of
answers to frequently asked questions about two new laws regarding
cell phones and driving:
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 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 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?
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 will be allowed to use a
hands-free device to talk on their wireless telephone while
driving. The following frequently asked questions 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?
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. - more -
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?
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.
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