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(s) 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.
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 becomes effective 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. However, a
push-to-talk feature attached to a hands-free ear piece or other
hands-free device is acceptable.
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 Bluetooth
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 message 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. Sending text messages 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 devices, 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: 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 pulled over 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.
The two laws were the result of SB 1613 and
SB 33, authored by Assemblyman Joe Simitian and signed into law
by Gov. Arnold Schwarzenegger in September 2006.
