California Cellular Phone Law FAQ’s
>Drivers 18 Years and Older
Q: When do the new cellular phone laws take effect?
A: The new laws take effect July 1, 2008.
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 using a wireless telephone to make
emergency calls, including, but not limited to, calls to a
law enforcement agency, health care provider, fire department,
or other emergency services agency.
Q: What are the fine(s) if I am convicted?
A: The base fine for a first offense is $20, and $50 for each
subsequent conviction. The courts will impose additional administrative
fees.
Q: Will I receive a point on my driving record if
I am convicted for a violation of the cellular phone law?
A: No. The violation is a reportable offense; however, DMV
will not assign a violation point.
Q: Will a conviction appear on my driving record?
A: Yes, but a violation point will not be added.
Q: I drive a commercial vehicle and my phone has
a “push-to-talk” feature that does not require me to place
the phone to my ear, will I still be required to use a hands-free
device?
A: No. Only class “A” or “B” licensees operating a truck tractor
as defined in Vehicle Code (VC) §655 or a motor truck as defined
in VC §410 are allowed to use a “push-to-talk” feature. NOTE:
This exemption does not apply to drivers
of pickup trucks with commercial plates, even if the pickup
truck is used for commercial purposes, for example, a contractor,
landscaper, or other business.
Q: May I use a dedicated two-way radio while driving?
A: Yes. The use of dedicated two-way radios such as walkie-talkies
and Citizen Band (CB) radios, which are not
part of a wireless telephone, is not affected by the new law.
Q: May I use a speaker-phone feature and hold the
phone in my hand, but not next to my ear?
A: No. The law requires you use a hands-free device with your
phone. A “push-to-talk" feature is not allowed.
Q: My car has a built-in hands-free mobile phone feature.
Is this adequate or do I have to buy additional equipment?
A: No. You do not need to purchase additional equipment. You
may use your vehicle’s hands-free mobile phone feature.
Q: Are passengers covered by this law?
A: No, this law applies to the persons driving a motor vehicle.
>Minors (Under 18 years of age)
Q: May I use a cellular phone with a hands-free device
if I am under 18?
A: No. You cannot use a wireless telephone to speak or text,
even if it is equipped with a hands-free device or speaker-phone
feature if you are under the age of 18. You
are also prohibited from using any other type of mobile service
devices, for example, specialized mobile radios, broadband
personal communication devices, handheld devices or laptop
computers, pagers, or two-way messaging, and texting devices.
Exception: Permitted in emergency situations.
Q: If I am under 18, can a peace officer stop me
if he/she suspects I am using a cellular phone or other mobile
service device?
A: A law enforcement officer may pull you over if he/she observes
or determines you are using a cellular phone.
Q: Why is the law stricter for provisional drivers?
A: Statistics show that teen drivers are more likely than
older drivers to be involved in accidents because they lack
driving experience and tend to take greater risks. Distractions,
such as talking with passengers, eating or drinking, and talking
on cellular phones or texting increase the chance you will
be involved in a serious accident.
Q: Can my parents give me permission to allow me
to use my cellular phone when driving?
A: No. The only exception is an emergency situation that requires
you to call a law enforcement agency, health care provider,
fire department or other emergency entity.
Q: If I am emancipated, does the restriction apply
to me?
A: Yes, the restriction applies to all holders of an instruction
permit and all licensed drivers under age 18.
Q: If I have my parent(s) or someone age 25 years
or older in the car with me, may I use my cellular phone while
driving?
A: No. You may only use a cellular phone or mobile service
device in an emergency situation.
Q: Will the restriction appear on my provisional
license?
A: No.
Q: If my car has a built in hands-free phone feature,
may I use it while driving?
A: No. The law prohibits anyone under 18 years old from using
any type of wireless device while driving, except in certain
emergency situations.