FAQs: Law lacks grace period

Q: When do the wireless telephone laws take effect?

A: They start Tuesday.

Q: What is the difference between the two laws?

A: The first law prohibits all drivers from using a hand-held wireless phone while operating a motor vehicle (Vehicle Code Section 23123). Motorists 18 and older may use a hands-free device. The second law prohibits drivers younger than 18 from using a wireless phone or a hands-free device while operating a motor vehicle (VC 23124).

Q: What if I need to use my phone during an emergency, and I do not have a hands-free device?

A: The law allows a driver to use a wireless phone to make emergency calls to a law enforcement agency, a medical provider, the fire department or other emergency services agencies.

Q: What are the fines if I'm convicted?

A: The base fine for the first offense is $20 and $50 for subsequent convictions. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.

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, the Department of Motor Vehicles 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 get only a warning?

A: No. The law takes effect Tuesday. 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 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 hand-held wireless phone?

A: Yes. A law enforcement officer can stop you for this infraction.

Q: If my phone has a push-to-talk feature, can I use that?

A: No. However, the law provides an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, a farm vehicle or tow truck to use a two-way radio operated by a "push-to-talk" feature. A push-to-talk feature attached to a hands-free earpiece or other hands-free device is acceptable.

Q: Are there other exceptions?

A: Operators of an authorized emergency vehicle during the course of employment are exempt as are motorists operating a vehicle on private property.

DRIVERS OLDER THAN 18

Drivers 18 and older will be allowed to use a hands-free device to talk on their wireless phone while driving. The following questions apply to those motorists 18 and older.

Q: Does the hands-free law prohibit you from dialing a wireless phone 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 Bluetooth or other earpiece?

A: Yes, but you cannot have both ears covered.

Q: Does the hands-free law allow you to use the speakerphone function of your wireless phone while driving?

A: Yes.

Q: Does the hands-free law allow drivers 18 and older to send text messages 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. Sending text messages while driving is unsafe at any speed and is strongly discouraged.