By: Dayna Roselli
California is now hands free! The new law took place July 1st. And YES, it applies to you too once you enter the state of California. Nevada does not have this law yet.
I moved here from Upstate New York and I lived there when the cell phone law was implemented years ago. It all seemed crazy at first, but let me tell you, it is much safer. And don’t think for a second that police won’t pull you over if they see you holding that phone to your ear. I have a long list of friends who have been fined for doing so.
When I moved here, it was habit to wait until I got out of the car to talk on my phone OR use a hands free device. Unfortunatley, I grew out of it… and now, if my phone rings, I admit, I do answer it sometimes.
Below I posted a California Cell Phone Law Frequently Asked Questions list. I pulled it from the Department of Motor Vehicles webisite.
What do you think about the new law? Do you think the fine is large enough? Should Nevada have this law too? Feel free to share your thoughts!
FAQ
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.
Full marks to California - the new law will save countless lives.
Chatting on the phone is never going to be as important as driving safely, and the sooner everybody realises that the safer we will all be.
Comment by driving instructor — July 3, 2008 @ 1:50 am
Great law except that the fine is too low. I would vote for that in a heartbeat.
Comment by Sales Guy — July 3, 2008 @ 9:01 am
The problem with any law that alters behavior is the fact that is does not focus on the real issue. If you are a experienced driver who knows when it’s ok to deviate one’s attention to briefly do something else while driving then you are still a safe driver who can now be penalized. Drivers will still be able to devert thier attention to something else like texting which will make things no safer. How about a law that says you have to be proficient with real driving skills before you can drive anything.
Comment by RayD — July 5, 2008 @ 7:57 am
I am all for the law for handsfree in Nevada. One time I was on 95 to I15 to off ramp Spring Mountain exit. All this time a car beside me was on cell phone. She nearly ran me off the road several times. I could not get away from her as she was on the same route as I. I could not get her attention. and it was during heavy traffic. Something must be done so and not later, after the fact.
Comment by judy — July 22, 2008 @ 8:54 am
Amen Ray.
I drive a police car 4 days a week and given the number of distractions inside one of THOSE things, one has to be a step above when it comes to driving skills. I have a police radio to monitor and respond to, controls for my overhead lights/siren, spotlights, maps, a LoJack tracker, I use my cell phone a lot while driving, and I have a laptop in there, which frequently requires me to type. Yes, full-on typing, not just hunt and peck with one hand, we’re talking steering with the knee, two handed typing.
Is it dangerous?? HELL YES! Have I crashed? Nope, not in the 6 years I’ve been doing this.
Before you post your angry responses about how hypocrital I am or how I’m “asking for it”, consider the number of dangerous activities people routinely engage in, but remain safe doing them because of their training. Riding a unicycle is dangerous, I can’t do it, but plenty of people can. Skydiving is dangerous, but if you take the proper precautions and learn what you’re doing, it’s safe enough. Same goes for scuba diving, baja racing, hang gliding, motorcycling, being a trapeze artist and flying a helicopter. These are all activities that can cause you or others serious bodily harm or death if you screw up, just like using a laptop while you drive. The secret is - like Ray said - to be very good at the most basic element of what you’re doing before you try and add another level of complexity.
Just because you’re 16 doesn’t mean you know how to drive, just because you’re 18 doesn’t mean you know who to vote for, just because you’re 21 doesn’t mean you can handle your liquor. I highly recommend that everyone takes a defensive driving course that makes you do more than they teach you in driver’s ed.
Comment by a cop — July 28, 2008 @ 1:34 pm
**ahem** it was **hypocritical**, apologies for the typo.
Comment by a cop — July 28, 2008 @ 1:36 pm