California's New Cellular Phone Laws Go into Effect July 1, 2008

In California, two new laws go into effect on July 1, 2008 governing the use of Cellular Telephones while operating a motor vehicle. The two laws are the result of SB 1613 and SB 33 authored by Senator Joe Simitian. Governor Arnold Swatzenegger signed the law in September 2006.

The first law prohibits all drivers from using a handheld wireless telephone while driving. Any driver over the age of 18 is allowed to use a "hands-free device" while driving. Any driver under the age of 18 cannot use a wireless telephone or "hands-free" device while operating a motor vehicle. The law also applies to emancipated drivers under 18. This law does not apply to a passenger in your vehicle. The law does, however, apply to any out-of-state driver even if their home state does not have such a law. They are, after all, driving in California where the law does apply.

There is an exception to the law that applies to drivers of a commercial motor truck or truck tractor. They are allowed to use a two-way radio operated by a "push-to-talk" feature. Drivers may use a "push-to-talk" feature that is attached to a hands-free ear piece or any other hands-free device. Operators of an authorized emergency vehicle during the course of employment are exempt, as well as motorists driving their car on private property.

Using your wireless telephone while driving to make an emergency call will be allowed. This includes calls to 911, law enforcement agencies, medical providers or some other emergency services agency.

If you are seen by a law enforcement officer while driving and using your cellular telephone you can be pulled over for this violation. Being cited for a "first offense" is $20. For all subsequent convictions the fine will be $50. Use of a cellular phone while driving will be reported to the Department of Motor Vehicles and it will go on your driving record. However, the DMV will not assign a violation point.

It is legal to use a Bluetooth or some other earpiece. However, both ears cannot be covered. While the law does not prohibit dialing your phone while driving, you are strongly urged not to to dial while driving. You can also use your speaker phone function while driving. Some phones are equiped with a "driving mode."

Although the new law does not specifically forbid "texting" you can be pulled over and a citation issued to a driver of any age if it appears that a driver is distracted and not operating the vehicle safely. Sending text messages while operating a vehilce is unsafe at any speed and is strongly discouraged.

Drivers under 18 are not allowed to use any type of electronic communication or mobile services to speak while driving. This includes a wireless telephone even if using a hands-free device, pager or laptop. The only exception to this situation is in an emergency situation. Written permission from parents allowing anyone under the age of 18 years to use their Cellular phone will not be accepted.

The law governing drivers under the age of 18 is more strict than the law governing drivers over the age of 18. Statistics show that young drivers are more likely to be involved in an accident than older, more experienced drivers. Young drivers, because of their inexperience, tend to take greater reisks. Teen drivers are often distracted while driving by talking with their passengers, talking or texting on their cellular phone as well as by eating or drinking. All of these things lead to a greater chance of having a serious accident. The law applies to all teenagers under the age of 18 even if they have an adult over the age of 25 in the car including their parents.

If a driver under the age of 18 is pulled over for some other violation of the law and they are using a hands-free device on their wireless telephone, they can be cited for a secondary violation as well as the primary violation for which they were pulled over.