New Cellular Phone Laws that Go Into Effect July 1, 2008
You may have heard, effective July 1, 2008, in California two new laws go into effect that will have an impact on cell phone talking motorists. The first law requires that drivers 18 and older use a hands-free device while driving. The second prohibits drivers 18 and under from using a hands-free device or cell phone while driving. Drivers who violate these laws will face a base fine of $20 for a first offense and $50 for each subsequent offense.
Frequently Asked Questions from the California Department of Motor Vehicle’s website, www.dmv.gov.ca, regarding the new legislation.
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 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.
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.
