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Put down the phone, or else
Tuesday, January 01, 2008
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It's the new year, and with it comes new laws for motorists.

The hottest topic among California drivers is the law that will make it illegal to talk on a cell phone with one hand and drive with the other. But that law isn't scheduled to go into effect until July 1.
As of today, however, it is against the law to smoke with a minor in the car and to spray coat license plates.

Still, the cell phone law is the biggie, according to California Highway Patrol Officer Jaret Paulson. As mobile phones have become necessities, motorists have gotten comfortable -- perhaps too comfortable -- driving and talking.
"Although the law doesn't go into effect until July 1, we are giving the public plenty of warning and time to purchase the equipment they need to make their cell phone hands-free," Paulson said. "We have been tracking the stats on accidents involving people using cell phones. And it is a factor in many accidents. It's a distraction from driving, just like eating or shaving."

Come July 1, officers will pull over any motorist they spot who has cell phone up to his or her ear, he said.
The law will go one step further when it comes to drivers under 18. It will be illegal for a minor to use a cell phone -- even if it is hands free -- or any other mobile service device while driving.

"However, we can't pull over a driver violating this law just because they look under 18. There has to be some other traffic violation before we can do a traffic stop," Paulson said.

There is an exemption if the minor is using a cell phone for an emergency.

Where there's smoke...

In the new year, there will be no more lighting up a smoke while cruising along the roadway if junior is in the car.

While it is against the law to smoke with a child in the vehicle, officers cannot stop a motorist based on that fact alone.

"It's called a secondary violation. We can only make the initial stop for a primary violation such as speeding, seat belt violation or running a red light," Paulson said. "If, after we make the stop, we see a lit cigarette in the ashtray or smell cigarette smoke in the car, then we can proceed to issue a violation for the smoking issue."

Motorists trying to outsmart the electronic devices used to read license plate numbers of those running red lights have run into a roadblock this year.

The new law prohibits the use or sale of a spray coating product that blocks electronic equipment from reading license plate numbers, Paulson said.

"People are trying to get around photo enforcement spraying their license plates with a coating that can be purchased at the store. The electronic equipment that reads license plate numbers of red light runners cannot pick up the number because of that coating," Paulson said. "They also use it to block cameras at toll booths from reading their license plate number."

Other new laws make it illegal to operate electric personal mobility vehicles, such as Segways, an unsafe speeds for conditions.

Also bicyclists must use lights and reflectors while riding on a highway, sidewalk or bikeway.

Here are some of the other laws that take effect with the start of the new year:

* Lights, water -- The California Energy Commission has until the end of 2008 to develop tougher efficiency standards for general purpose lights. A $250 million subsidy program has gotten the OK. It's meant to encourage installation of solar water heaters and require the Energy Commission to establish water-efficiency standards for the design of new buildings.

* Homeless shelters -- A new law is intended to remove roadblocks for homeless shelters by requiring cities and counties to designate areas where shelters can be located without obtaining a conditional use permit.

* Flood control -- Cities and counties could be forced to cover a share of the damage caused by flooding if they approve new development without considering flood risks.

* Gang parenting -- Courts could require the parents or guardians of gang members to attend parenting classes under a new law that attempts to prevent first-time juvenile offenders from committing additional crimes.

* Illegal immigrants -- New legislation prevents cities and counties from requiring landlords to serve as surrogate border patrol agents by obtaining and reporting the immigration status of their tenants. The measure also prohibits ordinances preventing landlords from renting to illegal immigrants.

The Associated Press contributed to this report.
20 comment(s)

asahigo wrote on Jan 1, 2008 2:19 AM:

" I for one will be glad that it will soon be illegal to drive and talk on your cell phone (unless you've got a hands free set up). No opinion on the no smoking with a minor on board law. Pointing and laughing at the morons that coated their license plates. What the article doesn't say is that you have to replace your plate if you coated it. Gang parenting ... most likely won't work as a lot of the gang banging kids have gang banging parents. The illegal immigrant law is a joke. So now renters can rent to illegal immigrants and suffer no consequences...yeah smart move there. I though the new illegal immigrant laws were supposed to make it harder for them, not easier. "

nan03 wrote on Jan 1, 2008 5:03 AM:

" What next??? Thought we were the land of the free???? "

naparian wrote on Jan 1, 2008 9:11 AM:

" land of the free maybe, not land of the freeloader! It's called social responsibility, just a shame we have to legislate. But that's the way the world is turning at present here it seems.

Take a careful look at these laws and issues, read the data, the research. Example, cell phones. Cell phonnes and riving are dangerous..especially in a stick shift! I'll be picking up a headset...I have a cellphone and a stick shift! But I wonder, was there a headset lobby pushing for this law? Should have bought some headset shares! "

Normbc9 wrote on Jan 1, 2008 9:18 AM:

" The cell phone law is long overdue. I'm a fuirefighter and I see some very bad high speed accidents on the Interstate Highway section our agency covers. They are now becoming more frequnent and I just hope for the safety of all it is rigidly enforced too. Studies show one person cannot effectively focus on two things at the same time. I f chattering is what is necessary, pull off the roadway and chatter al you want, safely. "

MarshaMarsha wrote on Jan 1, 2008 1:04 PM:

" Hey Normbc9, care to share a link so we can read those "studies" you refer to? You know, the ones that "show one person cannot effectively focus on two things at the same time". Seriously. Come on, just admit you never read any studies and made it up or just heard someone else say it... It's OKay, we won't laugh at you.

While I agree that using a cell phone while driving can be a distraction, I personally think that passing a law against holding one to your ear will hardly decrease accidents. It's not chatting, but MAKING the call that causes distraction. Whether or not a hands-free device is in use, the distraction of making the call in the first place is still there. People without voice dialing will still have to find the phone, locate the contact, dial the number, etc. Cell phone drivers who don't prepare before they drive (like, you know, ALL OF US) will now have to locate another device, maybe plug it in, and then try to get it to set "just right" on the ear before they even get to the phone. I don't plan on driving around with a headset on my ear every minute I'm in the car just in case the phone rings. Pull over, you say? Thinks of all the people you see chatting and driving. Now imagine that a good portion of those cars are pulling over for a minute and then darting back into traffic. Darting back into trafic while trying to make a call. It's OKay, they have a headset on. D'OH!

Distractions while driving: Noisy kids, adjusting the stereo, searching for the fries in the bottom of the bag, reaching for the coffee, chatting, cigarettes. "

Mikeb wrote on Jan 1, 2008 4:57 PM:

" The cell phone law is ridiculous. The stats they gathered on accidents to support that law show cigarette smoking and eating a greater contributors to accidents than talking on cell phones. But cutting off stiffing your face with a Big Mac and Smoking a Marlboro hinders sales, where-as requiring everyone buy an ear-peice for their cell phones increases sales. Big surprise which way that law went. "

naparian wrote on Jan 1, 2008 5:07 PM:

" MarshaMarsha, Normbc9, and all...yup, recent research suggests that 'multi-tasking' is a total misnomer...recent piece on the research on NPR...amazing how often that is in job vacancy advertisments, refered to by those who haven't read the research :-) "

napavalley61 wrote on Jan 1, 2008 5:26 PM:

" We lived without cell phones when I was growing up. Why don't we just turn them off unless we need to use them and have the time to actually talk to someone on the phone. Can't it just wait for a better time?
They can leave a message.... We live in the "Instant" society and want everything NOW! They should be used for emergency purposes only. I know there are several people that use their cell phones in place of home phones and that's fine, but do we really need to hear that "Jackie needs to pick up a gallon of milk" while I am watching a movie or dining out???? I do have a cell phone but turn it OFF while I am at work, in a MOVIE THEATER and RESTAURANT. Be real, are most of the calls you take REALLY IMPORTANT enough to risk an accident or disturb other???? I think not. "

crusherfan wrote on Jan 1, 2008 6:52 PM:

" I would like a response from anyone who has not been in a near collision or cut off by someone with a cell phone on their ear in the last 7 days.
I do understand that you need to be a defensive driver at all times,but it makes it more frusterating when it occurs do to an idiot on the phone. "

JMB wrote on Jan 2, 2008 10:10 AM:

" OK, I'll comment since I had a near-miss about a week or so ago at the intersection of Old Sonoma and Jefferson. I was on Old Sonoma and was going to make a left onto Jefferson, when a gal headed north on Jefferson totally blew through her stop sign, not even slowing down. And I could see clear as day she had her cell phone up to her ear and obviously not paying attention. I'm glad I waited to make my left. "

kevin wrote on Jan 2, 2008 1:29 PM:

" So as long as I don't talk on my cell phone and drive, everyone will be happy? I can still smoke my cigar, play Rush Limbaugh on the MP3 player, drink my coffee and eat my donuts (usually all at the same time). The Russian and Chinese leaders must be laughing out loud, in their wildest dreams they never would have tried to micro manage the lives of their citizens the way the US does... "

Ruff Limblog wrote on Jan 2, 2008 3:17 PM:

" Sure, "kevin", you are one of those "personal responsibility" types, right? The local law enforcement community can bag you under reckless driving or aggressive driving if they really want your 'lead foot' for a trophy anyway. ~Ruff "

petebo wrote on Jan 2, 2008 6:41 PM:

" Laws are for government....not people. Think about it. "

naparian wrote on Jan 2, 2008 7:55 PM:

" People still listen to Rush Limbaugh when driving? Isn't that considred to be driving under the influence!!? "

kevin wrote on Jan 3, 2008 1:11 PM:

" The point I was trying to make is that it's not the cell phones that are the problem. The same people who can't drive when talking on the phone are the same people who can't drive, period. (I could make some ethnic and gender references here, but I am sure the censors would not allow them.) Who want's to bet that the accident rates DON'T go down after this law takes effect? "

fortethetank wrote on Jan 3, 2008 3:35 PM:

" Why don't people just admit that talking on your cell phone while driving is distracting. We've all seen those bad drivers driving way under the speed limit(like half the speed limit), messing up the flow of traffic at a 4 way stop sign because they're not paying attention, and cutting others off on the road. I don't see such a problem with using the cell phone on a long stretch of 2 lane highway but I admit that it's still distracting. Who cares if there's a law banning it? Don't talk on the phone and drive and you won't have a problem. Simple as that. Kind of like the drinking and driving law isn't it? "

naparian wrote on Jan 3, 2008 6:12 PM:

" and now kevin is encouraging us to gamble by betting on predicted motor collision data in Napa!! deary me...and yes, kinda like drinking and driving...a law we have to put in place for those that have had their common sense glands removed!

come on, how life threatening is it to not answer that phone when in the car? If you can't cope with lack of contact while out and about, simple....purchase a headset.....or, pure heresy.....turn the phone to vibrate (yes, I do) so u know you have had a call come in! Then answer when yiou get to wherever...not rocket science...and I should know...I was once a rocket scientist! "

1badwhiteboy wrote on Jan 7, 2008 10:35 AM:

" Finally they make this a law! It's about time! People are so stupid...They actually sell and have sold " professional Hands free Kits" for your car for years! I've seen some that will dial using your voice and some that even play thru your radio. They work much better than those crappy headsets! There is a guy in Napa who does these in the phone book... "Mobile Tech" - He did mine and it works perfect! No tickets for me! Wake up people, get it done BEFORE CHP GETS YOU!!! "

jfz wrote on Jan 12, 2008 10:10 AM:

" Against the law to smoke with a minor in the car? What if they're in the trunk? Roof rack? Welcome to Napa Gestapo! "

AmCan Mom wrote on Jan 15, 2008 1:51 PM:

" Ok, the "sell" phone thing should be no suprise to anyone who has lived in CA for the last 5 or 6 years. It seems they have been trying to get that one on the books for at least that long. The smoking thing...I can see the value of this if there are kids other than your own in the car, but if ANY minor is present? What's next, no smoking in your own home? I do not smoke but I do believe people have the right to do so if they want. And the illegal immigrant thing...you have got to be kidding!!! How on earth does anyone expect to get a handle on the illegal immigrant problem if they keep enabling them? Maybe they are trying to initiate the "North American Union" step by step without us "noticing". "

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