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It's The Lawby Officer Richard Hannibal
Police Officers continue to see violations of laws dealing with people talking and/or texting on a cellular telephone while driving. These laws have been in effect for quite a while, yet cell phone involved traffic collisions continue to occur. Since the laws went into effect, there has been extensive research which shows that talking or texting on a cell phone while driving is as dangerous as driving while intoxicated. What are the laws?Vehicle Code section 23123(a) prohibits drivers from using a handheld wireless telephone while operating a motor vehicle. It does not prohibit drivers over 18 years of age from using a cellular telephone that is specifically designed and configured to allow "hands-free" listening and talking. Vehicle Code section 23123.5(a) prohibits drivers from using an electronic wireless communications device to write, send, or read a text-based communication. Vehicle Code section 23124(b) prohibits drivers under the age of 18 from using a wireless telephone or hands-free device while operating a motor vehicle. This means a driver under 18 cannot use a cellular telephone, period; even a hands-free device. Below is a list of frequently asked questions concerning these laws. 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 telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agencies. Are passengers affected by this law?No. This law only applies to the person driving a motor vehicle. Do these laws apply to out-of-state drivers whose home states do not have such laws?Yes. Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?Yes. A law enforcement officer can pull you over just for this infraction. What if my phone has a push-to-talk feature - can I use that?No. The law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implement of husbandry, farm vehicle, or tow truck to use a two-way radio operated by a "push-to-talk" feature. However, a "push-to-talk" feature attached to a "hands-free" ear piece or other "hands-free" device is acceptable. What other exceptions are there?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 OverWill it be legal to use a Bluetooth or other earpiece?Yes, however you cannot have BOTH ears covered. Does the "hands-free" law allow you to use the speaker phone function of your wireless telephone while driving?Yes. Does the "hands-free" law allow drivers 18 and over to text message while driving?No. Drivers Under 18Am I allowed to use my wireless telephone "hands-free?"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 Why is the law stricter for provisional drivers?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 devices, which increase the chance of getting involved in serious vehicle crashes. Can my parents give me permission to allow me to use my wireless telephone while driving?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 entities. Does the law apply to me if I’m an emancipated minor?Yes. The restriction applies to all licensed drivers under the age of 18. If I have my parent(s) or someone age 25 years or older in the car with me, may I use my wireless telephone while driving?No. You may only use your wireless telephone in an emergency situation. May I use the hands-free feature while driving if my car has the feature built in?No. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation. |
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