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California Drivers. Start your engines, but keep those hands on the wheel !!

Two new laws hit the books in California taking effect on July 1, 2008. (Read legal disclaimer at bottom)

Basically they both deal with the same issue, It is now illegal to talk on a phone whilst driving without a hands free device. However, if you are under 18 read on as the laws treat drivers differently based on age. The first law 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).

Time to get a hands-free device - Click here to visit some of the devices available

What does this law cover and what are the exceptions?

Q: Can I use my telephone during an emergency if I don't have a "hands-free" device?
A: YES - you may 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: Darn,  I got pulled over , what can I expect?
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. Seems like the fine and the aggravation outweigh the cost of a hands-free device.

Q: Thos pesky points! 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: OK - so no points (phew) but what about my driving record?
A: Cant escape this one, there will be an entry on your record but no violation points.

Q: Have to ask this one. Will there be a grace period?
A: Sorry but no Grace period. The law becomes effective July 1, 2008. Besides, if you have read this far through my article you already know the law

Q: Do my passengers have to holster their phones as well??
A: No. Your passangers can chat away to their hearts content, or till they run out minutes..

Q: I am an out-of-state drivers whose where we don't have such a law, surely it doesn't apply to me?
A: Dear tourist, wrong, please remember that every driver is subject to these laws..

Q: Is this a Primary enforcement? (Can i be pulled over for just this?)
A: Yes. A law enforcement officer can pull you over just for this infraction.

Q: I have a fancy push-to-talk feature, can I use that?
A: No. You are still using your hands. The law does provide an exception till 2011 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: Are there other exemptions?
A: Yes, Operators of authorized emergency vehicles can talk during the course of employment, as are those motorists operating a vehicle on private property.

Q: Can I use the phone to dial out?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving. You could be cited for being distracted when driving.

Q: No worries I have some of those fancy new Bose headphones, that OK isn't it??
A: No, although you can use a bluetooth device you can't have BOTH ears covered.

Q: Can I use the speaker phone function of  my phone while driving?
A: Yes.

Q: Does the new “hands-free” law allow drivers 18 and over to text message while driving?
A: This is strange but 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.

Wow , so much to learn, and just for those under 18, here is some more.

The law says that if you are a driver AND under the age of 18 you CAN 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 do the older drivers have it easier?
A: Sorry, but experience does have its rewards, 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.

Q: But my parents gave me permission?
A: Sorry, but your parents don't write the laws. 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: If I have an adult in my car can I now I use my wireless telephone while driving?
A: No. but they can.

Q: My car has a hands free feature built in, That OK to use if I am under 18, right?
A: No. The law prohibits anyone under the age of 18 from using any type of wireless device while driving.

Time to get a hands-free device - Click here to visit some of the devices available

Legal Disclaimer

Please note that the above comments are my own interpretation of the two new laws SB 1613 and SB 33, authored by Senator Joe Simitian and signed into law by Gov. Arnold Schwarzenegger in September 2006. And whilst these are my opinions you understand that I am not offering any legal advice. You are solely responsible for your own actions and understand that anything on this page is simply my opinion and you can not hold me or cellphoneinfo.com responsible for your actions or any consequences that may arise from your actions. In other words, go to the California dmv site and read the law in full.  Drive safely and don't try and use this article as an excuse if your are cited for a violation. You also understand that you can not hold us responsible for any errors or omissions in this article.