CA Cellular Phone Laws Effective 7/1/08

[_flipxcyd]

FYI all, from my DMV contact

Cellular Phone Law FAQ's

Drivers 18 Years and Older
Q: When do the new cellular phone laws take effect?
A: The new law takes effect July 1, 2008.

Q: What if I need to use my phone during an emergency and I do not have a hands-free device?
A: The law allows a driver using a wireless telephone to make emergency calls, including, but not limited to, calls to a law enforcement agency, health care provider, fire department, or other emergency services agency.

Q: What are the fine(s) if I am convicted?
A: The base fine for a first offense is $20, and $50 for each subsequent conviction. The courts will impose additional administrative fees.

Q: Will I receive a point on my driving record if I am convicted for a violation of the cellular phone law?
A: No. The violation is a reportable offense; however, DMV will not assign a violation point.

Q: Will a conviction appear on my driving record?
A: Yes, but a violation point will not be added.

Q: I drive a commercial vehicle and my phone has a "push-to-talk" feature that does not require me to place the phone to my ear, will I still be required to use a hands-free device?
A: No, only class "A" or "B" licensee operating a truck tractor as defined in Vehicle Code (VC) §655 or a motor truck as defined in VC §410 are allowed to use a "push to talk" feature.

Q: I drive a commercial pickup truck, may I use a two-way radio while driving?
A: No. The exemption does not apply to drivers of pickup trucks with commercial plates, even if the pickup truck is used for commercial purposes, for example, a contractor, landscaper, or other business.

Q: May I use a speaker-phone feature and hold the phone in my hand, but not next to my ear?
A: No. The law requires you use a hands-free device with your phone, a "push to talk" feature is not allowed.

Q: My car has a built-in hands-free mobile phone feature. Is this adequate or do I have to buy additional equipment?
A: No. You do not need to purchase additional equipment. You may use your vehicle’s hands-free mobile phone feature.

Q: Can I send a text message on my phone or Personal Digital Assistant (PDA) while driving?
A: No.

Q: Are passengers covered by this law?
A: No, this law applies to the persons driving a motor vehicle.



Drivers Under 18 Years of Age
Q: May I use a cellular phone with a hands-free device if I am under 18?
A: No. You can not use a wireless telephone to speak or text, even if it is equipped with a hands-free device or speaker-phone feature if you are under the age of 18. You are also prohibited from using any other type of mobile service devices, for example, specialized mobile radios, broadband personal communication devices, handheld devices or laptop computers, pagers, or two-way messaging, and texting devices. Exception: Permitted in emergency situations.

Q: If I am under 18, can a peace officer stop me if he/she suspects I am using a cellular phone or other mobile service device?
A: A law enforcement officer may pull you over if he/she observes or determines you are using a cellular phone.

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 accidents because they lack driving experience and tend to take greater risks. Distractions, such as talking with passengers, eating or drinking, and talking on cellular phones or texting increase the chance you will be involved in a serious accident.

Q: Can my parents give me permission to allow me to use my cellular phone when driving?
A: No. The only exception is an emergency situation that requires you to call a law enforcement agency, health care provider, fire department or other emergency entity.

Q: If I am emancipated, does the restriction apply to me?
A: Yes, the restriction applies to all holders of an instruction permit and all licensed drivers under the age 18.

Q: If I have my parent(s) or someone age 25 years or older in the car with me, may I use my cellular phone while driving?
A: No. You may only use a cellular phone or mobile service device in an emergency situation.

Q: Will the restriction appear on my provisional license?
A: No.

Q: If my car has a built in hands-free phone feature, may I use it while driving?
A: No. The law prohibits anyone under18 years of old from using any type of wireless device while driving, except in certain emergency situations.

References

CVC §§ 23123, 23124, 12810.3

[audibleforce]

I personally dont mind this law. I've seen to many people make stupid mistakes cause they are so into their phone calls. I take the freeway everyday and I've seen people as happiest as can be to straight crying on the phone. Good laws in my opinion.

[pd0019]

its a good idea...we'll have to see how hard it gets enforced

[audibleforce]

I get the feeling this is going to be a cash cow for the state.

[I Vtec, do you?]

Originally Posted by audibleforce

I get the feeling this is going to be a cash cow for the state.

Good, I hate those pricks that are talking on the phone while driving and ignoring the most important thing - everyone else on the road.

[NIGHTHAWKSI]

new york has had laws like this for years....very few actually follow them though.

[Izzy]

It doesn't bother me so much on the motorway. It's in the parking lots where shit like this gets ridiculous. Just today, I had a lady making a simple back-out from a parking space that took 2.5 minutes because she was on her phone. Idiot.

[MRK20]

Damn It!

[8thgenuser]

Moved to the Cali forum.

[Vsin]

Finally. One of the few road laws that I like.

[infinite0216]

Kinda sucks for the people under 18 tho, but as it says.. they cause more of a risk. Glad I'm not under 18 lol.

I think it may be a little hard to enforce tho, unless those traffic light camera start taking pictures of people using phones as well.

[twistedframe]

Q: Can I send a text message on my phone or Personal Digital Assistant (PDA) while driving?
A: No.

It is really sad that they have to even say this. People don't realize driving require 100% of your attention 100% of the time. I can't believe that some people feel it is ok to text while driving. that is ridiculous, and one of the factors that causes some of the avoidable accidents that I see everyday.

When you are driving a car DRIVE THE CAR.

[WhiteSicivic06]

This is actually a good thing. I dont even answer my phone while driving,....its a PITA. Texting while driving is just stupid,...unless you can prove to the DMV that your one of those people who can text while not looking at the buttons! Text Whore FTW!

[twistedframe]

Originally Posted by WhiteSicivic06

This is actually a good thing. I dont even answer my phone while driving,....its a PITA. Texting while driving is just stupid,...unless you can prove to the DMV that your one of those people who can text while not looking at the buttons! Text Whore FTW!

Its not the physical part of talking/texting that causes the problems, its the mental part. when you are trying to hold a conversation you may be looking at the road, but not thinking about it. I have seen studies proving that even when using hands free devices they still pose a risk while driving, b/c you can't devote your entire attention to the road.

[tite681]

This is a good thing. If you have to be handsfree, get the Sound ID SM-100. Works hella good.

Sound ID

[Jutty]

i agree this is a good idea...just sucks cause i have to drop some $ on some bluetooth equipment now...

[TommyD]

Wish they would do this in my state. Haha, the dipshits are going to be pissed!

[SuperRacerTypeR]

thanks for the info

[Jutty]

crap i still have to get thta bluetooth equip! just 3 weeks away...

[WhiteSicivic06]

I think this is a great law! cell phones are a huge distraction. My friend bought a new Evo X and was rear ended 1 week after having it by an 18 year old, female high school student on her cell phone!