Gotta love Calif's laws

[flyangel2 2]

Do they think this is going to help decress the number of accidents? What about making a law against eat/putting make-up on/changing the radio/talking to your children in the backseat/etc?

http://mail.google.com/mail/?ui=1&attid=0.1&disp=vah&view=att&th=11a72e3dced1320f

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CONTACT: Fran Clader Media Relations Office (916) 657-72022555
First Avenue Sacramento, CA 95818

Wireless Telephone Laws FAQs

Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws.

Q: When do the new wireless telephone laws take effect?
A: The new laws take effect July 1, 2008

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 drivers 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. - more -
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Q: Will there be a grace period when motorists will only get a warning?
A: NO. The law becomes in effect on July 1, 2008. Whether a citation is issued is always at the discretion of the officer based upon his or her determination of the most appropriate remedy for the situation.

Q: Are passengers affected by this law?
A: No. This law only applies to the person driving a motor vehicle.

Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?
A: Yes

Q: Can I be pulled over by a law enforcement officer for using my handheld wirelesstelephone?
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 OVERDrivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephone while driving. The following FAQs apply to those motorists 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 Blue Tooth 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 yourwireless telephone while driving?
A: Yes.

Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?
A: 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. - more -
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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 texting on wireless phones, which increase the chance of getting involved in serious vehicle crashes.

Q: Can my parents give me permission to allow me to use my wireless telephone while driving?
A: 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 entity.

Q: Does the law apply to me if I’m an emancipated minor?
A: Yes. The restriction applies to all licensed drivers who are under the age of 18.

Q: 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?
A: NO. You may only use your wireless telephone in an emergency situation.

Q:Will the restriction appear on my provisional license?
A: No

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. ###

May your trails be crooked, winding, lonesome, dangerous, leading to the most amazing view. May your mountains rise into and above the clouds. - Edward Abbey

[normiss 622]

as we journey to the SC...how is this a bad or odd law?

[flyangel2 2]

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as we journey to the SC...how is this a bad or odd law?

It better not head to SC. I never go in there.

Did you not read the first part of my post about making a law against eating while drinking/putting make up on while driving/changing the radio while driving? How is talking on a cell phone any different then some of those items listed for some people to do and drive?

I agree that talking on the cell phone while driving is a major distraction, but so are a lot of other things that people do while driving. Are those too going to be "outlawed"? Oh wait, no! The price of fuel will be so expensive, that only the rich will be able to afford to drive.

May your trails be crooked, winding, lonesome, dangerous, leading to the most amazing view. May your mountains rise into and above the clouds. - Edward Abbey

[Shotgun 1]

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Do they think this is going to help decress the number of accidents?

I think it will make a bit of a difference, not sure how much.

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What about making a law against eat/putting make-up on/changing the radio/talking to your children in the backseat/etc?

That would probably be similar to the situation mentioned here:

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Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?
A: 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.

[livendive 8]

The same basic law was enacted in Washington last year. I'm not overjoyed about it, but it doesn't really bother me either. My truck has bluetooth built into the stereo system, so I don't have to wear one of those Borg devices in order to talk while driving.

Edit to add: Our version of the law specifically targets text messaging too, and I'm very cool with that. Text messaging is very distracting while driving (and yes, I know this from experience...luckily no accidents resulted from it).

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[downwardspiral 0]

Yeah it was already a part of a blanket law against being distracted while driving. Guess they felt talking on a cell phone while driving was a big enough problem it warranted its very own law. Personally I ride a motorcycle full time and see a lot more stuff than your average cage driver sees and I wholeheartedly support this law. Can't wait til July 1st!

www.FourWheelerHB.com

[airdvr 197]

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

Other than the obvious, WTH is an implement of husbandry?

Please don't dent the planet.

Destinations by Roxanne

[normiss 622]

Here in Florida they have recently made it illegal to text while driving.
I wanna see that one go to court.
It's also illegal to mount tv's and DVD players in sight of the driver's seat in some places.

Just so long as they don't outlaw oral sex while driving, I'm good with it....

[DJL 232]

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Do they think this is going to help decress the number of accidents? What about making a law against eat/putting make-up on/changing the radio/talking to your children in the backseat/etc?

I will happily support a police officer's decision to ticket someone if it's apparent to them that the driver is not paying attention.

I'm glad this law is spreading.

"I encourage all awesome dangerous behavior." - Jeffro Fincher

[Scoop 0]

People that talk on phones (and aren't handsfree) whilst driving are scum. I rate them up their with drunk drivers. No-one is that important that they need to take that call immediatly and if they are they can afford the money for a hands free kit.

As for the other stuff, as stated, if it affects your driving there is already offences suitable.

[flyangel2 2]

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Do they think this is going to help decress the number of accidents?

I think it will make a bit of a difference, not sure how much.

Quote

What about making a law against eat/putting make-up on/changing the radio/talking to your children in the backseat/etc?

That would probably be similar to the situation mentioned here:

Quote

Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?
A: 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.

So why couldn't an officer stop/pull over some one before that they saw eating/putting make up on, and issue a ticket?

Don't get me wrong, I'm not against the law, just wondering if it's going to work.

May your trails be crooked, winding, lonesome, dangerous, leading to the most amazing view. May your mountains rise into and above the clouds. - Edward Abbey

[downwardspiral 0]

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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

Other than the obvious, WTH is an implement of husbandry?

http://www.dmv.ca.gov/pubs/vctop/d16/vc36000.htm

www.FourWheelerHB.com

[normiss 622]

An "implement of husbandry" is a vehicle which is used exclusively in the conduct of agricultural operations.

[downwardspiral 0]

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Do they think this is going to help decress the number of accidents?

I think it will make a bit of a difference, not sure how much.

Quote

What about making a law against eat/putting make-up on/changing the radio/talking to your children in the backseat/etc?

That would probably be similar to the situation mentioned here:

Quote

Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?
A: 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.

So why couldn't an officer stop/pull over some one before that they saw eating/putting make up on, and issue a ticket?

Don't get me wrong, I'm not against the law, just wondering if it's going to work.

That law was if a police officer saw them driving erradically and it was because they were destracted. Not a ticket given out very often. When on a cell people don't necessarily drive erradically but they do drive stupid.

www.FourWheelerHB.com

[livendive 8]

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So why couldn't an officer stop/pull over some one before that they saw eating/putting make up on, and issue a ticket?

As far as I know, they could/can, and it wouldn't surprise me if the penalties were identical to those coming up for cell phone use. Cell phones were probably given their own special law because they're so commonly used while driving and most people don't think they're as distracting as putting on make-up.

Blues,
Dave

"I AM A PROFESSIONAL EXTREME ATHLETE!"
(drink Mountain Dew)

[headoverheels 291]

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as we journey to the SC...how is this a bad or odd law?

Bad because it doesn't outright outlaw it. Holding the phone is only a small part of the distraction.

[Shotgun 1]

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So why couldn't an officer stop/pull over some one before that they saw eating/putting make up on, and issue a ticket?

I'm guessing that they already do pull people over for these things, if it's causing the person to drive in an unsafe manner.

I'm also guessing that cell phones were causing enough of a problem that they saw fit to make regulations specific to cell phone use. (No source for that, just guessing.)

[Scoop 0]

Over here we went from having no specific laws reagrding use of mobile phones to police being able to issue £30 non-endorsable tickets (No points on licence) to now issuing £60 endorsable tickets (3 points on licence)

I have seen, overall, a reduction in the amount of people using their mobiles but I have seen an increase in the amount of cars seemingly abandoned at the side of the road in a dangerous position only to see they are having a chat on their phone Dickheads

[Quincy 0]

It should make a huge difference...!!!... All in favor of it. You can watch some cars in traffic and tell when the driver is on a cell phone. I hate more regulation as much as anyone, but, this is a good thing.

Quincy...

[Shawndiver 0]

I like the part how talking while driving and under 18 is a secondary offense, and they cannot pull them over just for being on the phone. So if I read it right, if you are 16, driving safely while chatting with the phone next to your ear, you can wave merrily to the officer as you pull up even with them on the highway with no repercussions. But do the same thing over 18, you're busted! How does that make sense?

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[cutesyone 0]

Obviously you know nothing about CA law & rights of minors v. adults. A tad too much hatred for the law? Or is it just the young?

[gavi_omen 0]

It states very clearly that NO ONE can use a handheld mobile phone. So no, you couldn't do that. What it does state is that if you are 16 and use a headset that you cannot be pulled over for it.

There's no such thing as free will; everything is dictated by the Uncertainty Principle.

[jsaxton 0]

This law covers most of the east coast already.

[Shawndiver 0]

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Obviously you know nothing about CA law & rights of minors v. adults. A tad too much hatred for the law? Or is it just the young?

Wow, great first post! I would highly recommend backing off on the caffeine intake.

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[skybytch 259]

The headset thing will reduce the number of accidents caused by road rage. I'll show ya what I mean when we drive to the post office next week.

It's kinda too bad the teenager thing doesn't stretch to drivers under 20 instead of only 18. Again, I'll show ya what I mean when we drive to the post office next week.