Answers to questions about the new 'hands-free' laws

Two new laws dealing with the use of wireless telephones while driving went into effect July 1. Following are some frequently asked questions and answers regarding the laws.

What is the difference between the two laws?

The first prohibits all drivers from using a hand-held wireless telephone while operating a motor vehicle.

Motorists ages 18 and older may use a hands-free device.

According to the second law, drivers under age 18 may not use a wireless telephone or a handsfree device while operating a motor vehicle.

What if I need to use my telephone during an emergency and

I do not have a hands-free device?

The law allows you to use a wireless telephone to make emergency calls to a law enforcement agency, medical provider, fire department or other emergency services agency.

What are the fines if I'm convicted?

The base fine for the first offense is $20 and $50 for subsequent convictions. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.

Will I receive a point on my driver's license if I'm convicted for a violation of the wireless telephone law?

No. The violation is a reportable offense, but the DMV will not assign a violation point.

Will the conviction appear on my driving record?

Yes.

Are passengers affected by this law?

No. The law only applies to the person driving.

Do these laws apply to outof-state drivers whose home states do not have such laws?

Yes.

Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?

Yes. A law enforcement officer can pull you over for just this infraction.

If my phone has a pushtotalk feature, can I use that?

No. The law does provide an exception that allows those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck to use a twoway radio with a pushtotalk feature.

What other exceptions are there?

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

Drivers 18 and older

Does the new "hands-free" law prohibit me from dialing a wireless telephone or just talking on it?

The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.

Will it be legal to use a Bluetooth or other earpiece?

Yes. However, you cannot have both ears covered.

Does the new law allow me to use the speaker phone function on my wireless telephone while driving?

Yes.

Does the law allow drivers 18 and older to text message while driving?

The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer's opinion, the driver is distracted and not operating the vehicle safely. Texting while driving is unsafe at any speed and strongly discouraged.

For Drivers under 18

Why is the law stricter for provisional drivers?

Statistics show that teen drivers are more likely than older drivers to be involved in crashes because they lack driving experience and tend to take greater risks. Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and using wireless telephones, which increase the chance of being involved in serious vehicle crashes.

Can my parents give me permission to use my wireless telephone while driving?

No. The only exception is an emergency situation that requires you to call a law enforcement agency, healthcare provider, fire department or other emergency service.

Does the law apply to me if I'm an emancipated minor?

Yes. The restriction applies to all licensed drivers who are under age 18.

If I have my parents or someone age 25 or older in the car with me, may I use my wireless telephone while driving?

No.

Will the restriction appear on my provisional license?

No.

May I use the hands-free feature while driving if my car has the feature built in?

No.

Can a law enforcement officer stop me for using my handsfree device while driving?

No. For drivers under age 18 this is considered a secondary violation, meaning that a law enforcement officer may cite you for using a hands-free wireless phone if you were pulled over for another violation.

However, the prohibition against using a handheld wireless telephone while driving is a primary violation for which a law enforcement officer can pull you over.

Source: California Highway Patrol.