Look ma, no hands!

 

On 1 July 2008, hands free legislation regarding cell phones came into effect in California. The new law state that drivers aged 18 or over can only talk on their cell phones if they use a hands-free device. Unless it’s a call for fire, police or medical assistance, you better holster that cellphone.

Anyone under that age is no longer allowed to 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.” The only exception is again to contact the emergency services.

Penalties for not observing the new laws are fines but not points, however it’ll still show on your licence.

California officers have been given free rein to implement the law immediately, so don’t expect a couple of days breathing space. Being from out-of-state isn’t an acceptable excuse either. Even if you’re just passing through or visiting California, you’re still expected to adhere to this law.

There are a few exceptions to this new legislation. Commercial vehicles with two-way radios have been given the ok to continue using those (excluding pickups), for example. Strangely enough, at 18 and over you’re still allowed to text while driving even if you can’t talk.

The California DMV says that “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 was distracted and not operating the vehicle safely. Sending text messages while driving is unsafe at any speed and is strongly discouraged.”

My feeling is text messaging would be the more distracting option of the two. You have to look away to see the screen as opposed to holding a phone to your ear and looking straight ahead. Of course, having only one hand on the wheel in either case isn’t optimal either! Nonetheless the text messaging exclusion surprised me. That said, any attempt to reduce driving related deaths and serious injuries has to be applauded.

You can read the California DMV’s FAQ on the new hands free cellphone laws in full here.