New Law Changes Regarding Cell Phone Use While Driving
Frequently Asked Questions:
Effective July 1, 2008, new California state laws take effect that deal with the use of a cell phone by a person driving a motor vehicle. Listed below are answers to frequently asked questions concerning the new laws.
Q: What do the new laws prohibit?
A: The first law prohibits all drivers from using a handheld wireless or cellular telephone while operating a motor vehicle. Drivers who are 18 years old and over may use a cell phone equipped with a hands-free device.
The second law prohibits drivers under the age of 18 from using either a cell phone or hands-free device while operating a motor vehicle.
Q: So if I am under 18, I cannot use my cell phone “hands-free?”
A: That is correct. 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 in any manner while driving, even “hands-free,” except in an emergency situation to call for police, fire or medical services.
Q: Is it legal for an adult 18 or over to use a Bluetooth or similar earpiece?
A: Yes, at long as only one ear is covered.
Q: Can I use the speaker phone function of my cell phone while driving?
A: Yes, as long as you are 18 or older.
Q: What about text messaging while driving?
A: Drivers under the age of 18 are prohibited from text messaging while driving. For drivers 18 and over, the law does not specifically prohibit texting, but an officer can still issue a citation to any driver regardless of age if, in the officer’s opinion, the driver was distracted and not operating the vehicle in a safe manner. Texting while driving is unsafe and is strongly discouraged.
Q: I’m under 18. Can my parents give me permission to allow me to use my cell phone while driving?
A: No.
Q: What if I’m under 18 and my parent(s) or someone age 25 years or older is in the car with me--may I use my cell phone while driving?
A: No, unless it’s an emergency situation as described below.
Q: Is there an exception for emergencies?
A: The law allows a driver to use a cell phone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.
Q: Are there other exceptions?
A: A person driving an authorized emergency vehicle during the course of employment is exempt. The law also doesn’t apply to motorists operating a vehicle on private property.
Q: What about passengers in a vehicle?
A: The new laws do not apply to passengers--only the driver of a motor vehicle.
Q: My phone has a push-to-talk feature. Can I use that?
A: No, although drivers of a commercial motor truck or truck tractor (excluding pickups), farm vehicle or tow truck may 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: Can I be pulled over by a law enforcement officer for using a handheld cell phone?
A: Yes. A law enforcement officer can pull you over solely for this violation.
Q: I’m under 18. Can a law enforcement officer stop me for using a “hands-free” device while driving?
A: 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 device if you were stopped for another violation. However, the prohibition against using a handheld wireless device while driving is a PRIMARY violation for which a law enforcement officer can pull you over.
Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?
A: Yes
Q: How much is the fine 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.
Crime Prevention Unit
(408) 277-4133