New Cellular Phone Laws that Go Into Effect July 1, 2008
SOURCE: California Department Of Motor Vehicles Web Site: www.dmv.ca.gov/cellularphonelaws/
VC §23123: Drivers 18 years of age or older are prohibited from driving a motor vehicle while using a wireless telephone unless a hands-free device is used.
Exceptions:
emergency situations, for example: calls to law enforcement, health care provider, fire department, etc.
* emergency service providers operating an authorized emergency vehicle during the course of employment.
* while operating a vehicle on private property.
* a person operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle, school bus, transit vehicle, or tow truck, if using a two-way radio operated by a “push-to-talk” feature that does not require the device to be close to the ear.
Cellular Phone Law FAQ’s for Drivers 18 Years and Older
Q: When do the new cellular phone laws take effect?
A: The new laws take 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” licensees 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. NOTE: This 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 dedicated two-way radio while driving?
A: Yes. The use of dedicated two-way radios such as walkie-talkies and Citizen Band (CB) radios, which are not part of a wireless telephone, is not affected by the new law.
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: Are passengers covered by this law?
A: No, this law applies to the persons driving a motor vehicle.
A: Yes, the restriction applies to all holders of an instruction permit and all licensed drivers under 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 under 18 years old from using any type of wireless device while driving, except in certain emergency situations.
Contact Mobile Connectivity today for solutions that will guarantee your full compliance with these new laws.
The regulations and F.A.Q.s presented here apply to drivers 18 years of age and older. To review information for drivers under 18, please visit the California Department Of Motor Vehicles link provided above.
(408) 679-4050