New California Cellular Phone Laws
Q: When do the new cellular phone laws take effect? A: The new laws take effect July 1, 2008. Q: What if I need to use my phone during an emergency and I do not have a hands-free device? A: The law allows a driver using a wireless telephone to make emergency calls, including, but not limited to, calls to a law enforcement agency, health care provider, fire department, or other emergency services agency. Q: What are the fine(s) if I am convicted? A: The base fine for a first offense is $20, and $50 for each subsequent conviction. The courts will impose additional administrative fees. Q: Will I receive a point on my driving record if I am convicted for a violation of the cellular phone law? A: No. The violation is a reportable offense; however, DMV will not assign a violation point. Q: Will a conviction appear on my driving record? A: Yes, but a violation point will not be added. Q: I drive a commercial vehicle and my phone has a "push-to-talk" feature that does not require me to place the phone to my ear, will I still be required to use a hands-free device? A: No. Only class "A" or "B" licensees operating a truck tractor as defined in Vehicle Code (VC) §655 or a motor truck as defined in VC §410 are allowed to use a "push-to-talk" feature. NOTE: This exemption does not apply to drivers of pickup trucks with commercial plates, even if the pickup truck is used for commercial purposes, for example, a contractor, landscaper, or other business. Q: May I use a dedicated two-way radio while driving? A: Yes. The use of dedicated two-way radios such as walkie-talkies and Citizen Band (CB) radios, which are not part of a wireless telephone, is not affected by the new law. Q: May I use a speaker-phone feature and hold the phone in my hand, but not next to my ear? A: No. The law requires you use a hands-free device with your phone. A "push-to-talk" feature is not allowed. Q: My car has a built-in hands-free mobile phone feature. Is this adequate or do I have to buy additional equipment? A: No. You do not need to purchase additional equipment. You may use your vehicles hands-free mobile phone feature. Q: Are passengers covered by this law? A: No, this law applies to the persons driving a motor vehicle. | |||||||||
