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Anticipating both a lot of irate motorists and a likely windfall for the state when a new wireless telephone law takes effect July 1, the California Highway Patrol recently issued a three-page FAQ on the measure. I couldn't find the link to thedocument, so I put the whole thing after the jump. Here are some highlights, though:
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[font=Times New Roman,Times New Roman]Wireless Telephone Laws FAQs[/font]
[font=Times New Roman,Times New Roman]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.[/font]
[font=Times New Roman,Times New Roman]Q: When do the new wireless telephone laws take effect?[/font]
[font=Times New Roman,Times New Roman]A: The new laws take effect July 1, 2008[/font]
[font=Times New Roman,Times New Roman]Q: What is the difference between the two laws?[/font]
[font=Times New Roman,Times New Roman]A: The first prohibits all drivers from using a handheld wireless telephone while operating amotor vehicle.[/font] [font=Times New Roman,Times New Roman](Vehicle Code (VC) §23123).[/font] [font=Times New Roman,Times New Roman]Motorists 18 and over may use a hands-free device. Drivers under the age of 18 may NOT use a wireless telephone or hands-freedevice while operating a motor vehicle[/font][font=Times New Roman,Times New Roman](VC §23124).[/font]
[font=Times New Roman,Times New Roman]Q: What if I need to use my telephone during an emergency, and I do not have a hands- freedevice?[/font]
[font=Times New Roman,Times New Roman]A: The law allows a driver to use a wireless telephone to make emergency calls to a lawenforcement agency, a medical provider, the fire department, or other emergency services agency.[/font]
[font=Times New Roman,Times New Roman]Q: What are the fines if I'm convicted?[/font]
[font=Times New Roman,Times New Roman]A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. According to theUniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.[/font]
[font=Times New Roman,Times New Roman]Q: Will I receive a point on my drivers license if I'm convicted for a violation ofthe wireless telephone law?[/font]
[font=Times New Roman,Times New Roman]A: NO. The violation is a reportable offense: however, DMV will not assign a violationpoint.[/font]
[font=Times New Roman,Times New Roman]Q: Will the conviction appear on my driving record?[/font]
[font=Times New Roman,Times New Roman]A: Yes, but the violation point will not be added.[/font]
[font=Times New Roman,Times New Roman]- more -[/font]
[font=Times New Roman,Times New Roman]Q: Will there be a grace period when motorists will only get awarning?[/font]
[font=Times New Roman,Times New Roman]A: NO. The law becomes in effect on July 1, 2008. Whether a citation is issued is always at thediscretion of the officer based upon his or her determination of the most appropriate remedy for the situation.[/font]
[font=Times New Roman,Times New Roman]Q: Are passengers affected by this law?[/font]
[font=Times New Roman,Times New Roman]A: No. This law only applies to the person driving a motor vehicle.[/font]
[font=Times New Roman,Times New Roman]Q: Do these laws apply to out-of-state drivers whose home states do not have suchlaws?[/font]
[font=Times New Roman,Times New Roman]A: Yes[/font]
[font=Times New Roman,Times New Roman]Q: Can I be pulled over by a law enforcement officer for using my handheld wirelesstelephone?[/font]
[font=Times New Roman,Times New Roman]A: YES. A law enforcement officer can pull you over just for this infraction.[/font]
[font=Times New Roman,Times New Roman]Q: What if my phone has a push-to-talk feature, can I use that?[/font]
[font=Times New Roman,Times New Roman]A: No. The law does provide an exception for those[/font] [font=Times New Roman,Times New Roman]operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle ortow truck, to use a two-way radio operated by a "push-to-talk" feature.[/font]
[font=Times New Roman,Times New Roman]Q: What other exceptions are there?[/font]
[font=Times New Roman,Times New Roman]A: Operators of an authorized emergency vehicle during the course of employment are exempt as arethose motorists operating a vehicle on private property[/font]
[font=Times New Roman,Times New Roman]DRIVERS 18 AND OVER[/font]
[font=Times New Roman,Times New Roman]Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephonewhile driving. The following FAQs apply to those motorists 18 and over.[/font]
[font=Times New Roman,Times New Roman]Q: Does the new "hands-free" law prohibit you from dialing a wireless telephonewhile driving or just talking on it?[/font]
[font=Times New Roman,Times New Roman]A: The new law does not prohibit dialing, but drivers are strongly urged not to dial whiledriving.[/font]
[font=Times New Roman,Times New Roman]Q: Will it be legal to use a Blue Tooth or other earpiece?[/font]
[font=Times New Roman,Times New Roman]A: Yes, however you cannot have BOTH ears covered.[/font]
[font=Times New Roman,Times New Roman]Q: Does the new hands-free law allow you to use the speaker phone function of yourwireless telephone while driving?[/font]
[font=Times New Roman,Times New Roman]A: Yes.[/font]
[font=Times New Roman,Times New Roman]Q: Does the new "hands-free" law allow drivers 18 and over to text page whiledriving?[/font]
[font=Times New Roman,Times New Roman]A: The law does not specifically prohibit that, but an officer can pull over and issue a citationto 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 atany speed and is strongly discouraged.[/font]
[font=Times New Roman,Times New Roman]- more -[/font]
[font=Times New Roman,Times New Roman]DRIVERS UNDER 18[/font]
[font=Times New Roman,Times New Roman]Q: Am I allowed to use my wireless telephone hands free?[/font]
[font=Times New Roman,Times New Roman]A: NO. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any otherelectronic communication or mobile services device to speak or text while driving in any manner, even hands free. EXCEPTION: Permitted in emergency situationsto call police, fire or medical authorities.[/font] [font=Times New Roman,Times New Roman](VC §23124).[/font]
[font=Times New Roman,Times New Roman]Q: Why is the law stricter for provisional drivers?[/font]
[font=Times New Roman,Times New Roman]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.[/font]
[font=Times New Roman,Times New Roman]Q: Can my parents give me permission to allow me to use my wireless telephone while driving?[/font]
[font=Times New Roman,Times New Roman]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.[/font]
[font=Times New Roman,Times New Roman]Q: Does the law apply to me if I'm an emancipated minor?[/font]
[font=Times New Roman,Times New Roman]A: Yes. The restriction applies to all licensed drivers who are under the age of 18.[/font]
[font=Times New Roman,Times New Roman]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?[/font]
[font=Times New Roman,Times New Roman]A: NO. You may only use your wireless telephone in an emergency situation.[/font]
[font=Times New Roman,Times New Roman]Q: Will the restriction appear on my provisional license?[/font]
[font=Times New Roman,Times New Roman]A: No[/font]
[font=Times New Roman,Times New Roman]Q: May I use the hands-free feature while driving if my car has the feature built in?[/font]
[font=Times New Roman,Times New Roman]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.[/font]
[font=Times New Roman,Times New Roman]Q: Can a law enforcement officer stop me for using my hands-free device while driving?[/font]
[font=Times New Roman,Times New Roman]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[/font] [font=Times New Roman,Times New Roman]hands-free[/font] [font=Times New Roman,Times New Roman]wireless phone if you were pulled over for another violation. However, the prohibition against using a[/font] [font=Times New Roman,Times New Roman]handheld[/font] [font=Times New Roman,Times New Roman]wireless telephone while driving is a PRIMARY violation for which a law enforcement officer can pull you over.[/font]
-
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.[font=Times New Roman,Times New Roman] [/font] - Q: Will the conviction appear on my driving record? A: Yes, but the violation point will not be added.
[/font]
[font=Times New Roman,Times New Roman]Wireless Telephone Laws FAQs[/font]
[font=Times New Roman,Times New Roman]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.[/font]
[font=Times New Roman,Times New Roman]Q: When do the new wireless telephone laws take effect?[/font]
[font=Times New Roman,Times New Roman]A: The new laws take effect July 1, 2008[/font]
[font=Times New Roman,Times New Roman]Q: What is the difference between the two laws?[/font]
[font=Times New Roman,Times New Roman]A: The first prohibits all drivers from using a handheld wireless telephone while operating amotor vehicle.[/font] [font=Times New Roman,Times New Roman](Vehicle Code (VC) §23123).[/font] [font=Times New Roman,Times New Roman]Motorists 18 and over may use a hands-free device. Drivers under the age of 18 may NOT use a wireless telephone or hands-freedevice while operating a motor vehicle[/font][font=Times New Roman,Times New Roman](VC §23124).[/font]
[font=Times New Roman,Times New Roman]Q: What if I need to use my telephone during an emergency, and I do not have a hands- freedevice?[/font]
[font=Times New Roman,Times New Roman]A: The law allows a driver to use a wireless telephone to make emergency calls to a lawenforcement agency, a medical provider, the fire department, or other emergency services agency.[/font]
[font=Times New Roman,Times New Roman]Q: What are the fines if I'm convicted?[/font]
[font=Times New Roman,Times New Roman]A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. According to theUniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.[/font]
[font=Times New Roman,Times New Roman]Q: Will I receive a point on my drivers license if I'm convicted for a violation ofthe wireless telephone law?[/font]
[font=Times New Roman,Times New Roman]A: NO. The violation is a reportable offense: however, DMV will not assign a violationpoint.[/font]
[font=Times New Roman,Times New Roman]Q: Will the conviction appear on my driving record?[/font]
[font=Times New Roman,Times New Roman]A: Yes, but the violation point will not be added.[/font]
[font=Times New Roman,Times New Roman]- more -[/font]
[font=Times New Roman,Times New Roman]Q: Will there be a grace period when motorists will only get awarning?[/font]
[font=Times New Roman,Times New Roman]A: NO. The law becomes in effect on July 1, 2008. Whether a citation is issued is always at thediscretion of the officer based upon his or her determination of the most appropriate remedy for the situation.[/font]
[font=Times New Roman,Times New Roman]Q: Are passengers affected by this law?[/font]
[font=Times New Roman,Times New Roman]A: No. This law only applies to the person driving a motor vehicle.[/font]
[font=Times New Roman,Times New Roman]Q: Do these laws apply to out-of-state drivers whose home states do not have suchlaws?[/font]
[font=Times New Roman,Times New Roman]A: Yes[/font]
[font=Times New Roman,Times New Roman]Q: Can I be pulled over by a law enforcement officer for using my handheld wirelesstelephone?[/font]
[font=Times New Roman,Times New Roman]A: YES. A law enforcement officer can pull you over just for this infraction.[/font]
[font=Times New Roman,Times New Roman]Q: What if my phone has a push-to-talk feature, can I use that?[/font]
[font=Times New Roman,Times New Roman]A: No. The law does provide an exception for those[/font] [font=Times New Roman,Times New Roman]operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle ortow truck, to use a two-way radio operated by a "push-to-talk" feature.[/font]
[font=Times New Roman,Times New Roman]Q: What other exceptions are there?[/font]
[font=Times New Roman,Times New Roman]A: Operators of an authorized emergency vehicle during the course of employment are exempt as arethose motorists operating a vehicle on private property[/font]
[font=Times New Roman,Times New Roman]DRIVERS 18 AND OVER[/font]
[font=Times New Roman,Times New Roman]Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephonewhile driving. The following FAQs apply to those motorists 18 and over.[/font]
[font=Times New Roman,Times New Roman]Q: Does the new "hands-free" law prohibit you from dialing a wireless telephonewhile driving or just talking on it?[/font]
[font=Times New Roman,Times New Roman]A: The new law does not prohibit dialing, but drivers are strongly urged not to dial whiledriving.[/font]
[font=Times New Roman,Times New Roman]Q: Will it be legal to use a Blue Tooth or other earpiece?[/font]
[font=Times New Roman,Times New Roman]A: Yes, however you cannot have BOTH ears covered.[/font]
[font=Times New Roman,Times New Roman]Q: Does the new hands-free law allow you to use the speaker phone function of yourwireless telephone while driving?[/font]
[font=Times New Roman,Times New Roman]A: Yes.[/font]
[font=Times New Roman,Times New Roman]Q: Does the new "hands-free" law allow drivers 18 and over to text page whiledriving?[/font]
[font=Times New Roman,Times New Roman]A: The law does not specifically prohibit that, but an officer can pull over and issue a citationto 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 atany speed and is strongly discouraged.[/font]
[font=Times New Roman,Times New Roman]- more -[/font]
[font=Times New Roman,Times New Roman]DRIVERS UNDER 18[/font]
[font=Times New Roman,Times New Roman]Q: Am I allowed to use my wireless telephone hands free?[/font]
[font=Times New Roman,Times New Roman]A: NO. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any otherelectronic communication or mobile services device to speak or text while driving in any manner, even hands free. EXCEPTION: Permitted in emergency situationsto call police, fire or medical authorities.[/font] [font=Times New Roman,Times New Roman](VC §23124).[/font]
[font=Times New Roman,Times New Roman]Q: Why is the law stricter for provisional drivers?[/font]
[font=Times New Roman,Times New Roman]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.[/font]
[font=Times New Roman,Times New Roman]Q: Can my parents give me permission to allow me to use my wireless telephone while driving?[/font]
[font=Times New Roman,Times New Roman]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.[/font]
[font=Times New Roman,Times New Roman]Q: Does the law apply to me if I'm an emancipated minor?[/font]
[font=Times New Roman,Times New Roman]A: Yes. The restriction applies to all licensed drivers who are under the age of 18.[/font]
[font=Times New Roman,Times New Roman]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?[/font]
[font=Times New Roman,Times New Roman]A: NO. You may only use your wireless telephone in an emergency situation.[/font]
[font=Times New Roman,Times New Roman]Q: Will the restriction appear on my provisional license?[/font]
[font=Times New Roman,Times New Roman]A: No[/font]
[font=Times New Roman,Times New Roman]Q: May I use the hands-free feature while driving if my car has the feature built in?[/font]
[font=Times New Roman,Times New Roman]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.[/font]
[font=Times New Roman,Times New Roman]Q: Can a law enforcement officer stop me for using my hands-free device while driving?[/font]
[font=Times New Roman,Times New Roman]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[/font] [font=Times New Roman,Times New Roman]hands-free[/font] [font=Times New Roman,Times New Roman]wireless phone if you were pulled over for another violation. However, the prohibition against using a[/font] [font=Times New Roman,Times New Roman]handheld[/font] [font=Times New Roman,Times New Roman]wireless telephone while driving is a PRIMARY violation for which a law enforcement officer can pull you over.[/font]
