New cell phone law takes effect July 1

By MARSHA DORGAN
Register Staff Writer

Come July 1, both hands best be on the steering wheel.

No longer will it be legal to drive a vehicle with one hand while using the other to hold a cell phone for a conversation.

If drivers want to chat on their cell phones, they need to have both of their hands free. Many hands-free devices are now available.

Law enforcement officials say they will take a zero-tolerance approach when the new law takes effect: No warnings. Violators will be issued a citation that carries an $88 fine for first-time offenders. Do it again, and violators will be facing a $190 fine.

“There will be no grace period and no warnings,” California Highway Patrol Officer Jaret Paulson said. “We have been educating the public about this new law for many months. There have been articles in the newspapers. Cell phone companies have also been aggressively advertising the new law and what cell phone equipment is available. If we stop a motorist using a hand-held cell phone, he or she will get a citation.”

California is the first state in the west to enact the cell phone law.

As tough as the law may seem, it is even tougher for drivers under 18. They are prohibited from using a cell phone, pager or any other electronic communication or mobile service device — even a hands-free one — while driving.

The only exception is in the case of an emergency, where drivers can call medical, police and fire officials.

It doesn’t matter if parents give minors permission to use a cell phone or whether a parent is in the car with the minor — the law is simple — under 18, no cell phone while driving.

Neither the law specific to teens or the more general law apply to passengers.

Although it is against the law for minors to use cell phone devices, officers may not stop them just for calling while driving. Before issuing a citation for that violation, the driver must have been pulled over for another traffic violation, such as speeding.

Tyler Moore, 17, said he thinks the law “stinks.”

“I think I am being singled out because I am a minor. I’ll be 18 next month and I’ve been driving since I was 16, and never had a ticket or a wreck or even a close call,” Moore said. “The law should be straight across the board. And if someone — no matter their age — is responsible for an accident because of using a cell phone, take it away from them.”

Moore’s friend, Anthony Michaels, just turned 16.

“I spend a lot of time in my car and there are times when my mom or dad need to get a hold of me. I think the law discriminates, and it is stupid. Just because I am young doesn’t automatically make me a bad driver,” Michaels said. “Whatever happened to innocent until proven guilty?”

The CHP sees it differently.

Statistics show teen drivers are more likely than older drivers to be involved in crashes because of their lack of driving experience, according to the CHP.

“Cell phones are just one more distraction, just like eating and drinking,” Paulson said. “We go to many accidents that were caused because the driver was talking, dialing or trying to reach their cell phone. Driving requires the driver’s full attention.”

The CHP strongly discourages drivers from doing anything that takes their attention away from the road.

Speaker phones get the thumbs up.

Although the law does not prohibit text messaging while driving, the CHP urges motorists to use caution when doing so. Officers will pull over drivers text messaging if they believe it has caused the driver to be distracted or prevented the driver from safely operating the vehicle.

Bluetooth devices, which attach to people’s ears and facilitate hands-free communication, are allowed, but drivers cannot have both ears covered. The new law does not apply to motorists operating a vehicle on private property.

Citations issued for violating the law will appear on the person’s driving record, though drivers won’t get a point on their driver’s licenses for getting cited.

The California Department of Motor Vehicles has more information about the law and answers to frequently asked questions at www.dmv.ca.gov.

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