Wireless telephone laws go into effect July 1

CALIFORNIA — Two new laws dealing with the use of wireless telephones while driving go into effect July 1. Below is a list of frequently asked questions concerning these new laws.

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 if I’m convicted?

A: 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.

Q: Will I receive a point on my driver’s license if I’m convicted for a violation of the wireless telephone law?

A: No. The violation is a reportable offense; however, DMV will not assign a violation point.

Q: Will the conviction appear on my driving record?

A: Yes, but the violation point will not be added.

Q: Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?

A: Yes. A law enforcement officer can pull you over just for this infraction.

Q: What if my phone has a push-to-talk feature? Can I use that?

A: 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.

Q: What other exceptions are there?

A: 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

Q: Does the new “hands-free” law prohibit you from dialing a wireless telephone while driving or just talking on it?

A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Q: Will it be legal to use a BlueTooth or other earpiece?

A: Yes. However, you cannot have both ears covered.

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

A: Yes.

Drivers under 18

Q: Am I allowed to use my wireless telephone hands-free?

A: 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).

Q: Why is the law stricter for provisional drivers?

A: 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 text messaging on wireless phones, which increase the chance of getting involved in serious vehicle crashes.

Q: May I use the hands-free feature while driving if my car has the feature built-in?

A: No. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.

Q: Can a law enforcement officer stop me for using my hands-free device while driving?

A: 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.

This information was provided by the California Highway Patrol.