Wireless Telephone Laws FAQs
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 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?
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 "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.
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.
