State Law Requires
Hands-Free Cell Phone Usage
While Driving
On July 1, 2008, the long awaited
California Wireless Telephone
Automobile Safety Act finally goes
into effect. The new law prohibits
drivers over age 18 from using
handheld wireless telephones while
driving, unless the device allows for
hands-free listening and talking.
Drivers under the age of 18 will be
prohibited from using wireless
telephones altogether, even if
employing a hands-free device, and
from using "mobile service devices"
such as Blackberries, pagers and
laptops.
While the new laws do not impose
any specific requirements on
California employers, employers
should consider implementing a
written policy prohibiting employees
from using a cell phone while driving
to conduct company business, unless
the employee utilizes a hands-free
device. In addition, the policy should
contain language stating that the
employee, not the employer, is
responsible for any citations for
violating the new law. For those
employees who are reimubursed for
business-related cell phone charges
or provided with a company cell
phone, employers should provide a
hands-free device or reimburse
employees for that expense. If the
employee is required to use their
own cell phone while on company
business, the expense of outfitting
the phone with a legal hands-free
device must be borne by the
employer.
Employers may not insist that
employees violate the law when
carrying out job responsibilities.
Those that do could face wrongful
termination claims from employees
who are fired and from those who quit
their job rather than comply. It is
also a good idea to train supervisors
and managers be trained to avoid
giving employees any directive which
is at odds with the new law.
The following FAQ's were written by
the California Department of Motor
Vehicles to provide further guidance
on the new wireless telephone laws.
You may access this information at
Q: When do the new wireless
telephone laws take effect?
A: The new laws take effect July 1,
2008.
Q: What is the difference between
the two laws?
A: The first prohibits all drivers from
using a handheld wireless
telephone while operating a motor
vehicle, (Vehicle Code (VC)
§23123). Motorists 18 and over
may use a "hands-free device."
Drivers under the age of 18 may NOT
use a wireless telephone or hands-
free device while operating a motor
vehicle (VC §23124).
Q: What if I need to use my
telephone during an emergency
and I do not have a "hands-
free" device?
A:The law allows a driver to use a
wireless telephone to make
emergency calls to a law
enforcement agency, a medical
provider, the fire department, or
other emergency services agency.
This is the only exception.
Q: What are the fines(s) if I'm
convicted?
A: The base fine for the FIRST
offense is $20 and $50 for
subsequent convictions. With the
addition of penalty assessments,
the fines can be more than triple
the base fine amount.
Q: Will there be a grace period
when motorists will only get a
warning?
A: No. The law becomes effective
July 1, 2008. Whether a citation is
issued is always at the discretion
of the officer based upon his or her
determination of the most
appropriate remedy for the
situation.
Q: Are passengers affected by this
law?
A: No. This law only applies to the
person driving a motor vehicle.
Q: Do these laws apply to out-of-
state drivers whose home states
do not have such laws?
A: Yes.
Q: Can I be pulled over by a law
enforcement officer for using my
handheld wireless telephone?
A: Yes. A law enforcement officer
can pull you over just for this
infraction.
Q: What if my phone has a push-
to-talk feature, can I use that?
A: No. The law does provide an
exception for those operating a
commercial motor truck or truck
tractor (excluding pickups),
implements of husbandry, farm
vehicle or tow truck, to use a two-
way radio operated by a "push-to-
talk" feature. However, a push-
to-talk feature attached to a
hands-free ear piece or other
hands-free device is acceptable.
Q: What other exceptions are
there?
A: Operators of an authorized
emergency vehicle during the
course of employment are
exempt, as are those motorists
operating a vehicle on private
property.
DRIVERS 18 AND OVER:
Q: Does the new "hands-free" law
prohibit you from dialing a
wireless telephone while driving
or just talking on it?
A: The new law does not prohibit
dialing, but drivers are strongly
urged not to dial while driving.
Q: Will it be legal to use a Bluetooth
or other earpiece?
A: Yes, however you cannot have
BOTH ears covered.
Q: Does the new "hands-free" law
allow you to use the speaker
phone function of your wireless
telephone while driving?
A: Yes.
Q: Does the new "hands-free" law
allow drivers 18 and over to text
message while driving?
A: The law does not specifically
prohibit that, but an officer
can pull you over and issue a
citation to a driver of any age if, in
the officer's opinion, the driver was
distracted and not operating the
vehicle safely. Sending text
messages while driving is unsafe
at any speed and is strongly
discouraged.
DRIVERS UNDER 18:
Q: Am I allowed to use my wireless
telephone "hands-free?"
A: No. Drivers under the age of 18
may not use a wireless telephone,
pager, laptop or any other
electronic communication or
mobile services device to speak or
text while driving in any manner,
even "hands-free."
EXCEPTION:
Permitted in emergency situations
to call police, fire or medical
authorities (VC §23124).
Q: Why is the law stricter for
provisional drivers?
A: 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 talking or texting on wireless
devices, which increase the
chance of getting involved in
serious vehicle crashes.
Q: Can my parents give me
permission to allow me to use
my wireless telephone while
driving?
A: No. The only exception is an
emergency situation that requires
you to call a law enforcement
agency, a health care provider,
the fire department or other
emergency agency entity.
Q: May I use the hands-free
feature while driving if my car
has the feature built in?
A: No. The law prohibits anyone
under the age of 18 from using
any type of wireless device while
driving, except in an emergency
situation.
Q: Can a law enforcement officer
stop me for using my "hands
free" device while driving?
A: For drivers under the age of 18,
this is considered a SECONDARY
violation meaning that a law
enforcement officer may cite you
for using a "hands-free" wireless
device if you were pulled over for
another violation. However, the
prohibition against using a
handheld wireless device while
driving is a PRIMARY violation for
which a law enforcement officer
can pull you over.
We stand ready to be of assistance to your company in the event you would like some help in drafting an employee cell phone policy.
