MorganHillTimes.com | Hands-free cell phone law goes into effect

Hands-free cell phone law goes into effect

Jun 26, 2008
By Marilyn Dubil - Staff Writer

On Tuesday, California drivers will need to have their hands on their steering wheels and not on their cell phones as a state law forbidding their use in a vehicle unless they can be used hands-free goes into effect.

Cell phones without hands-free devices may still be used by teens and adults in emergency situations to call 911, law enforcement or medical personnel.

"Most people are aware of the law," CHP officer Chris Armstrong said. "To prepare for Tuesday, people need to make sure their cell phone is equipped and ready by purchasing an ear piece or visor attachment. Some modern vehicles have a Bluetooth system already installed. However, if they don't want to go to the expense, they can pull over to make phone calls but make sure they pull off of the freeway, pull into a safe location, someplace well-lit such as a gas station, convenience store or grocery store. There's always the option to do it the old-fashioned way and wait until you get to your destination before making phone calls."

Another option, Armstrong added, is having someone else in the vehicle make or receive phone calls for the driver.

Using a speaker or Bluetooth technology is permissible while adults only are driving. While there is no specific part of the law that bans dialing a phone or sending a text message, officers can cite motorists they believe were distracted and not operating a vehicle in a safe manner.

The two laws were the result of SB 1613 and SB 33, authored by state Sen. Joe Simitian, D-Palo Alto, and signed into law by Gov. Arnold Schwarzenegger in September 2006.

According to information from the California Department of Motor Vehicles, the law pertaining to adults is what is termed a "primary violation," which means an officer can stop a vehicle because he sees the driver talking on a phone without a hands-free device. Teens, however, cannot use cell phones at all and can't send text messages while driving. If stopped, the infraction will be a "secondary violation," which means they can only receive a ticket if they are stopped for another reason.

A driver under 18 cannot use a hands-free feature even if the vehicle has the feature built in, as more and more do, except in an emergency situation.

"When you pay attention fully while driving, you are a safer driver and there are less chances for accidents," Armstrong said. "Citations will also be avoided because when you're distracted you're more likely to make illegal driving maneuvers, running stop signs or red lights or other mistakes ... The CHP would like residents to avoid all distractions, not just wait for it to become a law. We want people to be safe on the road."

Marilyn Dubil covers county and law enforcement issues for The Times. Reach her at (408) 779-4106 ext. 202 or at mdubil@morganhilltimes.com.

Marilyn Dubil
Marilyn Dubil covered education and law enforcement for The Times.