California’s New Cell Phone Law,  Safety Or Just Another Revenue Stream that is the question?

At first I thought that the new DMV laws that are to go into effect July might be something that is really good. I’m still a bit torn as the question of safety while using a cell phone is obvious but expecting this to really be policed is another story.

Focusing on driving is important as I mentioned above, but do we really expect the Highway Patrol and Police to waste their time pulling someone over because they are talking on the F’n cell phone? No, I’m sure it will be a law that gets treated much like the seat belt law. If they need to pull you over and your not wearing it, add another violation to the ticket, which I’ll be adds to the fees that need to be paid. The effect will be similar I’m guessing and for the DMV Cell phone Laws have baseline fees at $20 first offense, $50 subsequent. So California may quickly make some good dollars off of this deal.

From some of my prior posts here on the FLog you know I HATE (Yes that is a strong word) people that are not paying attention and clogging up traffic while yakking on the phone. Nothing personal, just drive and stop clogging the road, I don’t care if you on the phone or not. The yakking and not paying attention will still happen just as bad, except you will have a free hand to drink coffee, put makeup on, smoke a cigarette or other tasks.
And yes, I have a cell phone, and I talk on it while driving. Will I use hands free or get a head set… probably not. I’ll make fun of the blinking blue light ear piece people at a later date, but I guess they may be better then me since they will not be a law breaker.

Last comment from the peanut gallery, I can only wait to hear the slogan on the multi-million dollar ad campaign we soon will be subjected to, does “Click it, or ticket” ring a bell? How about my catchy slogan “Shut up and drive” (C) 2008 GTSparkplugs

Here is the Q&A section as taken from the DMV, some laws are modified if your under 18, they have been omitted…

And I Quote…
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) §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 §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(s) if I’m convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. With the addition of penalty assessments, the fines can be more than triple the base fine amount.

Q: Will I receive a point on my driver license if I’m convicted for a violation of the wireless telephone law?
A: No. The violation is a reportable offense, however, DMV 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 effective 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. This law only applies to the person driving a motor vehicle.

Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?
A: Yes.

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 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. However, a push-to-talk feature attached to a hands-free ear piece or other hands-free device is acceptable.

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

End Quote.

New Cell Phone Laws from the California DMV Site

As always Happy Motoring…

P.S. I wrote this on my Samsung Blackjack Phone while driving home tonight…