New Cell Phone Laws go into Effect July 1st
NEW CELL PHONE LAWS
Here's the "411" on the new laws dealing with the use of wireless telephones while driving.
The new laws become effective July 1, 2008: There is no "grace period" and officers may begin to issue citations immediately for violations. 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. The new laws apply to all drivers, including out-of-state drivers whose home states do not have similar laws.
The new laws prohibit all drivers from using a handheld wireless telephone while operating a motor vehicle: Motorists 18 and over are permitted to use a "hands-free device," either wired or wireless, to talk on their telephone while driving; however they cannot have BOTH ears covered. Drivers may also use their "speaker" function of their telephone, however, they may not use a push-to-talk feature unless it is attached to a hands-free ear piece or other hands-free device.
ALL drivers under the age of 18 are prohibited from using ANY wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or text in ANY manner, with or without a hands-free device, while operating a motor vehicle, except in emergency situations when drivers under 18 are permitted to use their wireless phone to call police, fire of medical authorities: Statistics show that teen drivers are more likely 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.
The prohibition against using a handheld wireless device while driving is a PRIMARY violation for which a law enforcement officer can pull a driver over: An officer can pull over and issue a citation to any driver if, in the officer's opinion, the driver was distracted and not operating the vehicle safely.
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. Violations are reportable offenses and will appear on the driver's record, however, the DMV will not assign a violation point to the driver's record.
The laws only apply to the person driving a motor vehicle; passengers are not affected: Additionally, operators of authorized emergency vehicles are exempt during the course of employment, as are those motorists operating a vehicle on private property.
Remember... on July 1st, it's the law!
For a comprehensive explanation of the new wireless laws, please visit www.dmv.ca.gov
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