California No-Texting Law Details
So today was day 2 for the California no-texting law, and I must say that I am disappointed, though not very surprised, that there has been little attention brought to this matter. Perhaps it’s because the current performance of law enforcement in citing drivers who are violating the hands-free cell phone law has been abysmal. As a result, most drivers realize that violating the hands-free cell phone law is as easy as picking up a hooker in Thailand (which has technically been illegal since 1960).
However, given that texting actually requires you to remove your eyes from the road, it’ll be interesting to see how strict our traffic officers will be with this new law, especially since there is absolutely no doubt that texting makes you a more distracted, unsafe driver (as opposed to the argument that having cell phone conversations with a hands-free device doesn’t make drivers any less distracted).
Here’s an interesting factoid: unlike the hands-free cell phone law, only emergency professionals in properly licensed emergency vehicles within the course and scope of employment are exempt from this law. This law does not provide any exceptions for deaf or hearing-impaired drivers. More details below:
New Law Bans Texting
Effective January 1, 2009, a new law expands the prohibition of using a wireless communication device while driving a motor vehicle, to include writing, sending, or reading a text-based communication such as text-messaging, instant messaging, and email.
Exemptions
This new law excludes emergency professionals who use these devices, while operating an emergency vehicle in the course and scope of his or her duties.
This law does not prohibit reading, selecting or entering a phone number, or name in an electronic wireless device for the purpose of making or receiving a phone call. Drivers are strongly urged not to enter a phone number while driving.
Penalties
Violating the law is an infraction and the violator is subject to a: $20 fine for the first offense and $50 fine for each subsequent offense. A negligent operator point will not be assigned to a driver found guilty of a text-messaging violation.
Procedures
Driving Schools and Traffic Violator Schools must:
• Update curriculum and lesson plans to cover these new restrictions in every traffic safety education and behind the wheel training course.
• Distribute updated curriculum and lesson plans to all instructors to ensure implementation and enforcement of these changes.
• The revised lesson plans do not need to be submitted to the department for review at this time.
The Law
Visit the California Legislative Information website for the law on electronic wireless communication device restrictions.
Background
This new law expands the text-messaging penalties and other add-ons, these fines can increase to $76 for the first offense and $190 for subsequent offenses.
References
California Vehicle Code 12810.3, 23123.5
OLIN Memo 2007-09
Contact
Call the DMV Customer Communications Section, at (916) 657-6560, for further clarification of this memo.
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Ooo-thanks for that information. I did wonder, as a deaf driver, whether any exemptions existed. Clearly not. Cool. It’s not like it’s easy to type out a text message on my iPhone anyway. But that’s sensible. No need to have a whack of people trying to get out of a ticket by claiming they’re deaf and needed to send/read a text message or e-mail.
Am I allowed to use my cellphones mapping software?
Can I look at google maps while driving?
If the answer is no, are GPS systems included because they are essentially the same thing.
According to the letter of the law, you can still use your cellphone’s mapping software and other GPS devices, as long as you’re not typing in the location while you’re driving or stopped in traffic.