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Home > News & Columns > Michael P. Neufeld > Wireless Telephone Laws Now in Effect

Wireless Telephone Laws Now in Effect

By Michael P. Neufeld
Tuesday, July 1, 2008

Running Springs, CA — The California Highway Patrol reminds mountain residents that two important wireless telephone laws became effective July 1. There will be no grace period for using cell phones while driving!

When do the new wireless telephone laws take effect? They both take effect Tuesday (July 1).

How do the two laws differ? The first law (Senate Bill 1613) prohibits all drivers from using a hand-held wireless phone while operating a motor vehicle. Motorists 18 and older may use a hands-free device. The second law (Senate Bill 33) prohibits drivers younger than 18 from using a wireless phone or a hands-free device while driving.

What if I need to use my telephone during an emergency, and I do not have a hands-free device? The law allows a driver to use a wireless phone to make emergency calls to a law enforcement agency, a medical provider, the fire department or other emergency agency.

What are the fines if I'm convicted? The basic fine for the first offense is $20 and $50 for subsequent convictions. According to California's Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.

Will I receive a point on my driver's license if I'm convicted for a violation of the wireless phone law? No. The violation is a reportable offense, but the California Department of Motor Vehicles will not assign a violation point.

Do the new laws affect passengers? No. They apply only to the person driving the vehicle.

Do these new wireless laws apply to out-of-state drivers whose home states do not have such laws? Yes.

Can a driver be pulled over by a law enforcement officer for using their hand-held wireless phone? Yes. Law enforcement officers can pull drivers over just for this infraction.

Does the new "hands-free" law prohibit you from dialing a wireless telephone while driving or just talking on it? The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Will it be legal to use a Bluetooth or other earpiece? Yes; however, you cannot have both ears covered.

Does the new hands-free law allow you to use the speaker phone function of your wireless phone while driving? Yes.

Does the new "hands-free" law allow drivers 18 and over to text page while driving? 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 YOUNGER THAN 18

Are drivers under 18 allowed to use a wireless phone hands-free? No. Drivers under the age of 18 may not use a wireless phone, pager, laptop or any other electronic communication or mobile service device to speak or text while driving in any manner, even hands-free.

Can parents give someone under 18 permission to allow use of wireless phone while driving? No. The only exception is an emergency situation that requires young drivers to call a law enforcement agency, a health care provider, the fire department or other emergency agency.

May under 18 year old drivers use the hands-free feature while driving if the car has the feature built in? No. The law prohibits anyone under 18 from using any type of wireless device while driving, except in an emergency.

Can a law enforcement officer stop under 18 drivers for using a hands-free device while driving? No. For drivers under 18, this is 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. But the ban on using a hand-held wireless telephone while driving is a primary violation for which a law enforcement officer can pull you over.

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