New Cellphone Laws???

The other day my mom in law sent me an email regarding the new cell phone laws. I think she knows that I always use my phone while I'm driving:) Below is what she emailed me.

Two new laws dealing with the use of wireless telephones while driving
Go into effect July 1, 2008. Below is a list of frequently asked questions
concerning these new laws. This list of questions and answers has been
provided by the California Highway Patrol.

(http://www.chp.ca.gov/pdf/media/cell%1f_phone_faq.pdf)

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) Section 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 Section 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.

Q: What are the fines if I'm convicted?
A: The base fine for the first offense is $20.00 and $50.00 for
subsequent convictions. According to the Uniform Bail and Penalty schedule, with the addition of penalty assessments, a first offense is $76.00 and a second offense is $190.00.

Q: Will I receive a point on my drivers license if I'm convicted for a
violation of the wireless telephone law?
A: NO. The violation is a reportable offense; however, the Department
of Motor Vehicles will not assign a violation point.

Q: Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.

Q: Will there be a grace period when motorists will only get a warning?
A: NO. The law becomes in effect on 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. The law only applies to the person driving a motor vehicle.

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 to 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.

Q: What other exceptions are there?
A: Operators of an authorized emergency vehicle during the course of
employment are exempt as are motorists operating a vehicle on private
property.

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 page
while driving?
A: 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 officers
opinion, the driver was distracted and not operating the vehicle safely. Text paging while driving is unsafe at any speed and is strongly discouraged.


Two new laws dealing with the use of wireless telephones while driving
go into effect July 1, 2008. Below is a list of frequently asked questions concerning these new laws. This list of questions and answers has been provided by the California Highway Patrol.

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) Section 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 Section 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.




Q: What are the fines if I'm convicted?
A: The base fine for the first offense is $20.00 and $50.00 for
subsequent convictions. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76.00 and a second offense is $190.00.

Q: Will I receive a point on my drivers license if I'm convicted for a
violation of the wireless telephone law?
A: NO. The violation is a reportable offense; however, the Department
of Motor Vehicles will not assign a violation point.

Q: Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.

Q: Will there be a grace period when motorists will only get a warning?
A: NO. The law becomes in effect on 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. The law only applies to the person driving a motor vehicle.

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 to 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.

Q: What other exceptions are there?
A: Operators of an authorized emergency vehicle during the course of
employment are exempt as are motorists operating a vehicle on private
property.

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 page
while driving?
A: 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 officers
opinion, the driver was distracted and not operating the vehicle safely. Text paging while driving is unsafe at any speed and is strongly discouraged.