Two new wireless telephone laws went into effect on July 1 regarding the use of cell phones while operating a motor vehicle.
The new California Vehicle Code (CVC) sections are 23123 CVC, “Motorist 18 and Over May Use a Hands-free Device While Operating a Motor Vehicle,” and 23124 CVC, “Drivers Under the Age of 18 May Not Use a Wireless Telephone or Hands-free Device While Operating a Motor Vehicle.”
In an effort to further educate drivers regarding the new laws, the UCSF Police Department will provide a grace period of one month after the laws go into effect. Drivers stopped by UCSF police officers for violating these new laws will be given a courtesy warning and provided with the California Highway Patrol (CHP) brochure with information regarding the new laws. This grace period will continue until July 31, 2008.
This does not preclude officers from any other action that would normally be taken during a traffic stop, such as checking for a driver’s license. This grace period is at the discretion of the UCSF Police Department and does not apply to other law enforcement agencies.
Drivers should note this distinction between the two laws:
• Drivers age 18 and over may use a hands-free device.
• Drivers under the age of 18 are prohibited from using a wireless telephone or a hands-free device while operating a motor vehicle.
Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication/mobile service device to speak or text while driving, in any manner, even hands-free. The only exception is in case of an emergency, when a call to police, fire or medical authorities is required.
Drivers 18 and Older
Drivers who are age 18 and older are allowed to use a handheld wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department or other emergency service agencies. A law enforcement officer can stop a driver for an infraction of these laws.
As part of the new laws, drivers age 18 and over are:
• Prohibited from talking on a handheld wireless telephone. Dialing a wireless telephone is allowed, but not advised.
• Allowed to use Bluetooth or other earpiece devices; however, both ears cannot be covered.
• Allowed to use the speakerphone function of a wireless telephone.
• Discouraged from sending text messages, since a law enforcement officer may stop and issue a citation to a driver if, in the officer’s opinion, the driver was distracted and not operating the vehicle safely.
For more details, the CHP Wireless Telephone Laws FAQs are available for download as a PDF.
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