California Cell Phone Law|Bluetooth Devices

The new California Cell Phone Driving Law has actually been in existence for two years as it was signed into law by Governor Schwarzenegger in 2006. It only became effective on July 1st of 2008.

Many people have questions about how the law will affect them such as:

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.

You can see many more frequently asked questions at:

California Cell Phone Law Frequently Asked Questions

There are many good reasons for having such a law and many other states either have laws regarding cell phone use while driving or they are debating about it right now.

I don’t know about you but I see people constantly on the road whose driving is affected when they are on the phone, they are either moving into other lanes or driving 20 miles under the speed limit. It should just go without saying that one shouldn’t drive and talk on a cell phone but people do it continually and according to the NHTSA or National Highway Traffic Safety Administration there are probably at least 3 out of every 100 drivers talking on their cell phone while driving at any one time and over half of all drivers have a cell phone in their car.

The first real proof we have of a connection between cell phone use and injury accidents comes from a study by the Insurance Institute for Highway Safety which showed that those who drive while using a cell phone are 4 times more likely to be involved in an accident that can cause injury. This is the result of surveys done in hospital emergency rooms over a two year period from 2002 to 2004.

Current state cell phone driving law highlights include the following:

Handheld Cell Phone Bans: 5 states (California, Connecticut, New Jersey, New York and Washington), the District of Columbia and the Virgin Islands have enacted cell phone laws prohibiting driving while talking on handheld cell phones. With the exception of Washington State, all of these laws are primary enforcement which means that an officer may ticket a driver for using a handheld cell phone while driving without any other traffic offense taking place. In other words they don’t have to pull you over for running a stop sign or speeding, if they see you talking on the cell phone they an just issue the citation.

Text Messaging: 4 states (Alaska, Minnesota, New Jersey and Washington) ban text messaging for all drivers, but many other states have introduced similar legislation which will probably be passed.

Novice Drivers: 17 states and the District of Columbia have special cell phone driving laws for novice drivers, meaning younger drivers.

School Bus Drivers: In 15 states and the District of Columbia, school bus drivers are prohibited from all cell phone use when passengers are present, except for in emergencies.

Preemption Laws: Some cities, such as Phoenix and Detroit, have cell phone laws, but 9 states have preemption laws that prohibit local jurisdictions from enacting restrictions.

Some states, such as Utah and New Hampshire, treat cell phone use as a larger distracted driving issue, for example Utah considers speaking on a cell phone to be an offense only if a driver is also committing some other moving violation (other than speeding).

No state completely bans all types of cell phone use (handheld and hands-free) for all drivers.
Click the link to the right for a complete overview of State Cell Phone Laws

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