We are all convinced that we can do many things while driving but the truth is that driver’s inattention is the main factor for 25% of all accidents. In 2012, 3328 people died due to distracted drivers according to the National Highway Traffic Safety Administration. Nowadays we all have a phone attached to our hand and therefore in the past few years there has been a nationwide legislative movement to pass laws in order to keep roads safe. In California there are three main laws that attempt to regulate the risks of using a phone while driving: the hand-free cellphone Law, the no-phone law for drivers under 18 years old and the no-texting law. All laws are applicable to anyone driving in California, regardless if you reside in the state or not.
Since July 1st, 2008, the hand-free cellphone law forbids communicating with a handheld phone while driving. The law varies depending if the driver is under 18 years old or not.
For drivers above 18 years old, using a phone while driving is authorized as long as it is hands free. Drivers are allowed to use Bluetooth, speakerphone, and any wireless connection but cannot have both ears covered.
Using a handheld device is considered primary enforcement, which means that a driver can be pulled over for that reason only. Fines can vary but no points will be assigned to your DMV record.
Drivers under the age of 18 are more likely to be distracted and cause an accident. Therefore, cell phones laws are stricter for minors and in California they are not allowed to use a phone, whether it is handheld or hands-free. It is not considered an exception if the minor is driving with a parent, if the young is emancipated or if the device is directly built in the car.
The fines are the same as for adult drivers but the hands-free ban for minors is only a secondary violation. It means that the minor cannot be pulled over only for communicating on a hands free device but if the young driver is pulled over for another infraction, the agent will be able to fine for violating the cell phone law.
Drivers above 18 can only use a handheld phone in case of emergency or if driving on private property such as a parking lot.
Bus drivers are never allowed to use a cellphone if there is any passenger on board.
In 2009, California, as well as many states, adopted a no-texting law which forbids a driver to write, send or read any text based communication (text, instant message, email) on an electronic device while driving a motor vehicle.
No violation point will be assigned to your DMV record but the offense will appear on your driving record. In most states, texting while driving is a primary offense meaning that an agent can pull you over for that matter only.
The debate on cell phones use while driving is still far from being over. Can we affirm that cellphones are more dangerous than talking to the passengers in the car? Are we sure that using a hands free device is safer? Are built-in sound devices any better?
For that reason, some states are trying to address the risks by using a more general term and ban all “distracted driving”. It is the driver’s responsibility to do their best to lower the risks they take if they decide to use a phone while driving. Even if the law allows you to use a device, it is recommended to not use a phone when the vehicle is moving; to not use a phone in a bad weather or in heavy traffic; to not have emotional conversations; and if you decide to pull over to do it in a safe zone.
To learn more visit http://ghsa.org.