July 1 is the beginning of the 2008-09 fiscal year for the state of California.
According to the California Constitution, the legislature is supposed to have adopted an operating budget for the period of July 1, 2008 to June 30, 2009. The odds are this won't happen by July 1.
However, even though there will likely be no budget approved, there are several new laws that will go into effect in July. One that will affect almost everyone is the wireless telephone law.
This law prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. Motorists 18 and over may use a hands-free device. Drivers under the age of 18 cannot use a wireless telephone or hands-free device while operating a motor vehicle.
The law does allow drivers to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department or other emergency services agencies. This law only applies to the person driving a motor vehicle.
Further, the law does provide an exception for those operating a farm vehicle, tow truck or commercial motor truck or truck tractor, to use a two-way radio operated by a push-to-talk feature.
Here are some frequently asked questions about the wireless telephone law:
Drivers 18 and over
Q: Does the new hands-free law prohibit me from dialing my wireless telephone while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.
Q: Will it be legal to use a Blue Tooth or other earpiece?
A: Yes, however California law prohibits you from having both ears covered at any time while driving.
Q: Does the new hands-free law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes.
Q: Does the new hands-free law allow drivers 18 and over to send a text message or e-mail while driving?
A: 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. Text messaging and e-mailing while driving is unsafe at any speed and is strongly discouraged.
Drivers under 18
Q: Am I allowed to use my wireless telephone hands free?
A: No. Drivers under the age of 18 may not 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 exception is that it is permitted in emergency situations to call police, fire or medical authorities.
Q: Why is the law stricter for drivers under the age of 18?
A: Statistics show that teen drivers are more likely than mature drivers to be involved in crashes because they lack driving experience and tend to take greater risks. Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and talking or texting on wireless phones, which increases the chance of getting involved in serious accidents.
Q: Can parents give teens permission to use a wireless telephone while driving?
A: No. The only exception is an emergency situation that requires you to call a law enforcement agency, a health care provider, the fire department or other emergency agency.
Q: Does the law apply to emancipated minors?
A: Yes. The restriction applies to all licensed drivers who are under the age of 18.
Q: If there is someone age 25 years or older in the car with a teen, may the minor use a wireless telephone while driving?
A: No. Teens may only use a wireless telephone in an emergency situation.
Q: Will the restriction appear on provisional licenses?
A: No.
Q: May a teen use the hands-free feature while driving a car if it has the feature built in?
A: No. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.
Q: Can a law enforcement officer stop a teen for using a hands-free device while driving?
A: No. For drivers under the age of 18, this is considered a secondary violation, meaning a law enforcement officer may cite a teen for using a hands-free wireless phone if they are pulled over for another violation. However, the prohibition against using a handheld wireless telephone while driving is a primary violation for which a law enforcement officer can pull a teen over.
According to the California Constitution, the legislature is supposed to have adopted an operating budget for the period of July 1, 2008 to June 30, 2009. The odds are this won't happen by July 1.
However, even though there will likely be no budget approved, there are several new laws that will go into effect in July. One that will affect almost everyone is the wireless telephone law.
This law prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. Motorists 18 and over may use a hands-free device. Drivers under the age of 18 cannot use a wireless telephone or hands-free device while operating a motor vehicle.
The law does allow drivers to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department or other emergency services agencies. This law only applies to the person driving a motor vehicle.
Further, the law does provide an exception for those operating a farm vehicle, tow truck or commercial motor truck or truck tractor, to use a two-way radio operated by a push-to-talk feature.
Here are some frequently asked questions about the wireless telephone law:
Drivers 18 and over
Q: Does the new hands-free law prohibit me from dialing my wireless telephone while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.
Q: Will it be legal to use a Blue Tooth or other earpiece?
A: Yes, however California law prohibits you from having both ears covered at any time while driving.
Q: Does the new hands-free law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes.
Q: Does the new hands-free law allow drivers 18 and over to send a text message or e-mail while driving?
A: 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. Text messaging and e-mailing while driving is unsafe at any speed and is strongly discouraged.
Drivers under 18
Q: Am I allowed to use my wireless telephone hands free?
A: No. Drivers under the age of 18 may not 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 exception is that it is permitted in emergency situations to call police, fire or medical authorities.
Q: Why is the law stricter for drivers under the age of 18?
A: Statistics show that teen drivers are more likely than mature drivers to be involved in crashes because they lack driving experience and tend to take greater risks. Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and talking or texting on wireless phones, which increases the chance of getting involved in serious accidents.
Q: Can parents give teens permission to use a wireless telephone while driving?
A: No. The only exception is an emergency situation that requires you to call a law enforcement agency, a health care provider, the fire department or other emergency agency.
Q: Does the law apply to emancipated minors?
A: Yes. The restriction applies to all licensed drivers who are under the age of 18.
Q: If there is someone age 25 years or older in the car with a teen, may the minor use a wireless telephone while driving?
A: No. Teens may only use a wireless telephone in an emergency situation.
Q: Will the restriction appear on provisional licenses?
A: No.
Q: May a teen use the hands-free feature while driving a car if it has the feature built in?
A: No. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.
Q: Can a law enforcement officer stop a teen for using a hands-free device while driving?
A: No. For drivers under the age of 18, this is considered a secondary violation, meaning a law enforcement officer may cite a teen for using a hands-free wireless phone if they are pulled over for another violation. However, the prohibition against using a handheld wireless telephone while driving is a primary violation for which a law enforcement officer can pull a teen over.