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New cell phone law takes effect July 1
Sunday, June 22, 2008
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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.
9 comment(s)

napa wrote on Jun 22, 2008 3:32 AM:

" Kudos to this law. It's well welcomed. To many accidents are caused by cell phone users while driving. "

nan03 wrote on Jun 22, 2008 7:43 AM:

" This is a good law BUT should be for everyone no matter age. I disagree about the age thing, Some "older" people are VERY bad drivers, on or off the phone. "

tovagliolo wrote on Jun 22, 2008 8:06 AM:

" so sorry the law "stinks", but it isn't that hard to pull to the side of the road to answer that call from mom or dad.

too many times i've been cut off while driving because someone didn't really look when making that lane change while on their cell phone. i'm glad this law is finally going into effect. "

NUHS67 wrote on Jun 22, 2008 9:52 AM:

" Just another law to raise revenue. Eating, talking, adjusting the radio or looking for a cop behind you are all distractions; text messaging is a bit to much of a multi-task while driving--would you want your dentist or surgeon to be text messagaing while you are in the charir or on the operating table? Some people can talk and walk or talk and drive, some can't. Adults can be stopped for talking, but minors can't. Lawmakers must have been on their cell phone when they voted. "

nvchell wrote on Jun 22, 2008 10:15 AM:

" So, I dont understand this law much. I can drive with one hand, but as long as I dont have a cell phone in it. Does the cell phone have to be at your ear to get a ticket, or can you just hold it in your hand and put on the speaker phone?

So I guess I can still drive with one hand, Smoke, Eat, Mess with the radio, put one arm behind my head, fumble around with stuff in my car, Comb my hair, put on eyeliner while looking through the rearview mirror (which I can do with skill, while driving down the highway at 80),read directions on a map, and take pictures(not using my cellphone of coarse) and this is not a distraction, Well people of Napa, You better watch out when I get behind the wheel. I didnt realize using my cell phone was worse than all listed above.

It doesnt make much sense since its really not the holding of the cell phone to the ear that distracts people, but the actual conversation that causes distraction. I do belive this is just another way to steal money from people. I think cops should be more concerned with bigger issues, such as REAL CRIMES!!

As for the teenagers, I think its great that they cant use the cell phone, I personally dont even think its approiate for teens to even own a cell phone. Hey I was a teenager not so long ago, right before cell phones was really made availible to most and I think I survived just fine without one. "

chunk wrote on Jun 22, 2008 3:19 PM:

" This is great. I just hope it's enforced. "

QuilalaBear wrote on Jun 22, 2008 4:15 PM:

" kind of confusing to me, you cant talk on a cell phone but you can text message?, hmmm, my daughter now 20 was talking on a cell phone and driving at age 16 (no I didn't know she has a cell phone) she was able to buy minutes at a store and a friend gave her the phone, she had only had it for about two weeks before she ran a stop sighn and was lucky she survived, when I got to the hospital there was an officer that was there who said "your daughter was on her cell phone" of course I didn't know she had one, long story short she didn't get another one until she left for College at 18 and thank God she didn't hurt anyone or kill herself, I wish they would just boycott them all together, when I grew up I did fine with a phone booth... "

napavalleyman wrote on Jun 22, 2008 8:47 PM:

" According to this article: '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'.

So, let me get this straight: Talking is forbidden, but text messaging is OK?

Hello! Which one takes more finger-work while driving? Which one distracts the driver more? "

707jng wrote on Jun 23, 2008 3:53 PM:

" This law does not make much sense to me either, I gotta admit that I've almost rear ended people because of texting while driving. If they are going to have this rediculous law I think they should add texting to it as well as everything Nnchell mentioned in her comment. All of those things can cause and accident at any time too. "

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