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Community Announcement
Wireless Telephone Laws FAQ’s
June 12, 2008
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.
Frequently Asked Questions:
Answer: The new laws take effect July 1, 2008
Answer: 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).
Answer: 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.
Answer: 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.
Answer: NO. The violation is a reportable offense: however, DMV will not assign a violation point.
Answer: Yes, but the violation point will not be added.
Answer: NO. The law becomes in effect on 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.
Answer: No. This law only applies to the person driving a motor vehicle.
Answer: Yes
Answer: YES. A law enforcement officer can pull you over just for this infraction.
Answer: 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.
Answer: Operators of an authorized emergency vehicle during the course of employment are exempt as are those motorists operating a vehicle on private property.
Drivers 18 and Over:
Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephone while driving. The following FAQs apply to those motorists 18 and over.
Answer: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.
Answer: Yes, however you cannot have BOTH ears covered.
Answer: Yes.
Answer: The law does not specifically prohibit that, but an officer can pull over and issue a citation to 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 at any speed and is strongly discouraged.
Drivers Under 18:
Answer: NO. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or text while driving in any manner, even hands free. EXCEPTION: Permitted in emergency situations to call police, fire or medical authorities. (VC §23124).
Answer: 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.
Answer: 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.
Answer: Yes. The restriction applies to all licensed drivers who are under the age of 18.
Answer: NO. You may only use your wireless telephone in an emergency situation.
Answer: No
Answer: NO. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.
Answer: 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 hands-free wireless phone if you were pulled over for another violation. However, the prohibition against using a handheld wireless telephone while driving is a PRIMARY violation for which a law enforcement officer can pull you over.
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