Cell Phone Use Soon Regulated on California Roads

Elaine Schumacher, Staff Reporter

Elaine_Schumacher@csumb.edu

May 8, 2008

On July 1, 2008, two new laws

prohibiting the use of wireless

telephones while driving will go

into effect. California Vehicle

Code (CVC) 23123 prohibits

all drivers from using a wireless

phone while driving, and although

the law does permit the use of a

hands-free device, it stipulates that

the ear must remain uncovered.

California joins four other states

in enacting this law; Washington,

Connecticut, New Jersey and

New York. The law applies to

drivers only, including out-ofstate

drivers; passengers may use

cell phones.

While the law may seem minor

it may be more significant than

drivers expect. Once in effect,

motorists who “talk and drive”

will be running the risk of a

citation. Officers can stop vehicles

for the use of cell phones, but

whether a citation is issued is at

the discretion of the officer.

Field Training Officer Rachelle

Lightfoot of the Carmel Police

Department stated that even though

there is not going to be a grace

period for the enforcement of

the law, more warnings than

citations will probably be

issued initially.

According to the California

Highway Patrol, cell phone use

is the number one source of

distracted-driver related accidents

in the state. The National Safety

Council states that motor vehicle

crashes are the leading cause of

teen deaths in the U.S. For this

reason, drivers under the age of

18 are not permitted to use handsfree

devices while operating a

motor vehicle.

The base fine for the first offense

is $20 and $50 for subsequent

convictions. According to the

Uniform Bail and Penalty

Schedule, court fees may be

added. If convicted drivers will not

have points counted against their

licenses, however, the conviction

will remain on their record.

Although the new law does not

prohibit drivers from text messaging

while on the road, it is discouraged

because citations can be issued to

driver if the driver was not operating

the vehicle safely. L t .

Earl Lawson of the CSU Monterey

Bay Police Department emphasized

that it is not their intention to issue

citations but asked that students

adhere to the new law.

“You have different safety

hazards on campus, like

skateboarders, bicyclists and

pedestrians,” said Lawson. “We

want to remind drivers to slow

down and obey the traffic laws.”