Cell Phones and Driving in California: The New Law
by
Attorney Kathleen Michon
Starting July 1, 2008, it will be illegal to use a handheld cell phone while driving in California.
On July 1, 2008, two new laws banning the use of wireless telephones (cell phones) while driving in California will take effect. The first law prohibits all drivers from using handheld wireless phones or cell phones. The second prohibits drivers under 18 from using hands-free cell phones.
California’s restrictions on the use of cell phones while driving is part of a nationwide trend. Four other states prohibit the use of handheld cell phones while driving and seventeen place restrictions on novice drivers. These new laws have been spurred on by safety concerns. Some evidence suggests that drivers using cell phones are more distracted, increasing the risk of accidents. (To learn more about other states’ cell phone laws, the debate over safety, and tips for driving safely while using cell phones, see the Nolo article Cell Phones and Driving: The Law in Your State.)
Ban on Handheld Cell Phones
The first law bans all drivers from using handheld cell phones while driving, starting July 1, 2008. The law does not affect passengers -- they are free to use cell phones while traveling in an automobile. The law applies to anyone driving in California, whether the driver lives in California or not.
Exceptions. There are a few exceptions to the general ban. Handheld cell phones may be used:
- to make an emergency call to a law enforcement agency, medical provider, fire department, or other emergency service agency
- by those operating authorized emergency vehicles, and
- by those operating vehicles on private property.
Push-to-talk features. The law does not provide an exception for drivers that have a push-to-talk feature on their cell phone. However, drivers operating a commercial motor truck or truck tractor (but not a pickup), tow truck, or farm vehicle may use a two-way radio operated by a “push-to-talk” feature.
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Fines and “points.” The fine for a first offense, including penalty assessments, is $76. A second offense is $190. However, although a violation of the handheld cell phone ban is a reportable offense and will appear on your driving record, it will not count as a point. (California uses a “point system” for moving violations. If you accumulate too many points, your insurance rates increase and you may lose your privilege to drive.)
Enforcement. The police have primary enforcement authority for a violation of this law. That means that an officer can pull you over just for this infraction.
The Hands-free Cell Phone Law
The second law, also effective July 1, 2008, governs the use of hands-free cell phones while driving. The rules are different, depending on the age of the driver.
Drivers 18 and Older
For the most part, drivers older than 18 will be allowed to use hands-free phones while driving. These drivers can use Bluetooth or other earpieces, but cannot cover both ears. The new law also allows drivers over 18 to use the speaker phone function of a wireless phone.
Dialing. Drivers are allowed to dial a wireless telephone while driving, but are strongly urged not to do so.
Texting. The law does not specifically prohibit text paging while driving. However, an officer has the authority to pull over and issue a citation to any driver if the officer believes the driver was distracted and not driving safely. Because text paging is generally considered to be unsafe while driving, doing so may subject you to a traffic stop and fine.
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