California Cell Phone Law - FAQs - Effective July 1, 2008
I got this from the California Highway Patrol. If you have further questions, please contact Fran Clader, phone #: 916-657-7202, CHP, Media Relations Office, 2555 First Avenue, Sacramento, CA 95818.
Download the original PDF file here: California Cell Phone Law 2008
Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. It’s important to note one of the two laws places added restrictions on drivers under 18 years of age. 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 drivers 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 in 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.
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They look like some very well crafted laws that look likely to save many lives - well done California and I hope the world follows.
Phones are important but not as important as lives.
I particularly liked the added restrictions for drivers under the age of 18. All too often, we find these drivers with the least experience taking the most risk. At least this law removes one more distraction to their driving.
Excelent post, Mike. But, if the CHP enforces the Cell Phone law like they enforce everything else, you will be able to have one cellphone pressed to each ear and text message with your toes and nothing will happen. I need to post a letter I wrote to former CHP Commissoner Mike Brown on the FACEBOOK forum. I wish I still had the response.
As long as I can still send text messages while I drive, I am cool with it. Wow, California is real progressive!
I think this will be great for Califorina! We already have enough crazy drivers, hopefully this will take away from that. The law prohibits texting too!!
well now …kelly ihas proved itself to b a total FOOL!!!
wake up people
Its rather stupid that the law still allows text messaging which is a whole lot more distracting!! Good half a**ed California!!
Nikki, my understanding is that the law doesn’t allow for text messaging. Since you can’t even pick up the phone to dial a number or even hit send, I doubt you’re allowed to text behind the wheel.
does that applies to all deaf and hard of hearing people who cant hear on blue-tooth and using most texting and emails ?
That’s a good question. I guess it comes down to this: given that the law allows deaf and HOH individuals to drive cars, would texting and sending emails while driving be considered a necessity? There are headsets that can go over the ear for those with hearing aids. But as for deaf individuals, I suppose the question is what prevents someone from pulling over to the road to text? I know many people who aren’t deaf or HOH who actually pull over to the side of the road to use the cell phone rather than drive and chat. My guess is that the law would only permit such use of texting for deaf and HOH drivers in emergencies only, just like drivers under 18 can ONLY use their cell phones (even hands free devices) in emergencies only. For a sure answer, though, call the CHP media relations office at the number at the beginning of the post.
I wonder if the law also prohibits text messaging. Text messaging is not HANDS FREE! unless you can text with your feet. People don’t really have an urgent need to text while driving. What ever it is that needs to be texted can usually wait until you pull over. Some of the bluetooth models have very clear reception. The Jawbone and the BlueAnt Z9 particularly block background noise so you hear very clearly. I have a Jawbone myself. Here is a good page for information on the laws I found:
http://www.californiacellphonelaw.org/Articles.asp?ID=134
How does one send a text message without operating the wireless phone by hand? I would think this applies to all functions of your wireless phone including text, email, camera, internet, and games. Unless it can be done via a handsfree device, it can not be done legally behind the wheel.
I just have one HUGE problem about this law… I now have no way of knowing if a driver with a headset is actually talking on their cell phone. And let us admit it… talking on the cell phone while driving, with or without a headset, takes away the driver’s attention.
The only way I could determine if a driver with a cell phone would be a danger to me was to see if they have their cell phone held up to their ear.
What CA government should have done was banning cell phones from all Class C drivers while driving. So when any one of them is breaking the law by having their cell phone held up to their ear, everyone else can see that and distance themselves from that driver.
John, I agree that talking on a cell phone while driving, regardless if you’re holding it with your hand, is taking one’s attention away from the road. With that said, as long as you’re 18 or over, you can talk all you want on your cell phone, as long as you’re not holding it. My understanding is that if any officer sees you holding a cell phone in your hand (mind you, you could be dialing, texting, etc.) while your vehicle is in motion, you can be cited.
The question I have is whether you’re allowed to dial a number when your vehicle is in a stopped position, say at a red light or pulled over to the curb.
If talking on a cell phone is illegal, then texting is too. Texting takes away the driver’s attention from the road…and onto what he/she is texting. For those who think that texting is okay, it’s not very bright!
you can still text.
but its “strongly discouraged”
but yeah, they should have just made it
into law.
since i dont even txt anyways=]
Having this new cell phone law is a good example of how screwed up our lawmakers are. We all know that research shows that being on the phone AT ALL can affect a drivers ability to give full focus to their driving. Why is it they can’t ban ALL use of the cell phone? Can’t they have some balls and issue a law that protects everyone? Having it be OK to still text message while driving puts everyone at GREATER risk than before. It is MUCH more distracting to text than anything else!! Now, even a greater number will text than before. Seatbelt laws were required to protect people. Why not just ban cell phones. Just 10 to 15 years ago there were few people who even owned a cell phone.