Not so new, actually, as they were passed in late 2006, but the new prohibitions for driving while using a handheld cell phone in California take effect July 1, 2008. Here’s the lowdown on the new California bans on using handheld cell phones while driving:
1) It’s still OK to talk on the phone, but it must be handsfree to use it while driving. And yes, holding the phone to dial is allowed.
2) Amazingly, both text messaging and reviewing emails is not illegal per se. Of course, to the extent you drive erratically or are involved in an accident, that could still result in citations and/or legal responsibility. We expect this to be restricted or prohibited in the next 12 months.
3) Any use of cell phones by those under 18 is banned, whether it is handheld or hands free.
4) You may use a handheld phone for emergency purposes, but only to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.
5) Commercial drivers are exempted from the law.
6) Using a hand held device is considered a primary violation, so you may be stopped and cited just for this offense. The prohibition on drivers under 18 using hands free devices is a secondary violation.
One important legal aspect to take into account is that, while the fine and associated penalties are less than $100 for the first offense, the fact that it is a separate offense means that any negligent or reckless driving while using a handheld device resulting in, for example, a death could be more easily treated as manslaughter by a prosecutor.
You can find the full text of the new laws under California Vehicle Code (VC) §23123 and VC §23124. If you are interested in other states’ requirements, there is a helpful link from the Insurance Instititute for Highway Safety here.
We have yet to see the new cell phone restrictions hit many companies’ personal vehicle use policies, but if you’d like to see some of them, you can find them under the Vehicles/Driving document type within the Labor & Employment Policies document category at http://www.realdealdocs.com/SearchDocument.aspx.
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