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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 driver
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 goes into 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.
DRIVERS UNDER 18
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?
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. |
