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The San Diego Traveler

Look, Ma! No Hands!

by Carole A. Lane on July 1st, 2008

IMG_4536 "Shut up and Drive"It’s July 1st and that means no more driving with one hand holding your phone to your ear in California.

California Vehicle Code §23123 prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. Motorists 18 and over may use a “hands-free device,” such as a single Bluetooth earpiece or a wireless speaker when talking on their cell phones.

The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving. Nor does the law specifically prohibit texting while driving, 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. Sending text messages while driving is unsafe at any speed and is strongly discouraged.

Drivers under the age of 18, however, may NOT use a wireless telephone NOR hands-free device, a pager, laptop, or any other electronic communication or mobile service device to speak or text while operating a motor vehicle (according to California Vehicle Code §23124).

The Fines

The base fine for the FIRST offense is $20 and $50 for subsequent convictions. With the addition of penalty assessments, the fines can be more than triple the base fine amount.

The Exception

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.

Operators of an authorized emergency vehicle during the course of employment are exempt, as are those motorists operating a vehicle on private property.

The law also provides 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.

Even if you’re covered by one of these exceptions, it’s still a better idea to use a hands-free device, or to stay off the cell phone altogether while driving, especially in San Diego County, where highway speeds are often in excess of 75 mph.

Photo credit: Flickr http://www.flickr.com/photos/schodts/1330843003/

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POSTED IN: Getting Around - Local Transportation

2 opinions for Look, Ma! No Hands!

  • The KL Traveler
    Jul 3, 2008 at 11:58 am

    California just introduced this law? Malaysia has had this law for a long time… but enforcement is lacking. It looks like all the important calls need to be made while driving :)

  • Carole A. Lane
    Jul 8, 2008 at 11:18 pm

    It will be interesting to see if this really stops people from picking up their phones or holding them while driving. It’s become so common that I think it will be a hard habit to break for many around here.

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