California drivers will have to think twice before picking up their cell phones while on the road as two laws go into effect today which prohibit all drivers from using a handheld wireless telephone while operating a motor vehicle.

The two laws, SB 33 and SB 1613, were both written in an effort to reduce distracted driving collision and to promote safer driving habits among the millions of licensed drivers throughout California, according to a release by the California Department of Motor Vehicles.

Cell phone use is the leading cause of distracted driving collisions in California, according to the California Highway Patrol. Distracted drivers pose a great many risks to those they are sharing highways and roads with, said CHP spokeswoman T.J. Reece.

“[Cell phones] are a major distraction, as much as playing with the radio or the CDs or anything else,” she said. “[Drivers on cell phones] can just get too involved in their conversations and maybe not be paying attention to drivers stopped ahead for construction zones or maybe something in the roadway. Also, when they are looking down and looking for their phone — anything that takes their eyes away from the roadway is a big problem for us.”



SB 33

SB 33 is aimed at teens and prohibits any persons under the age of 18 from using a wireless telephone or a mobile service device while driving, including a handset equipped with a hands-free device. Those mobile service devices include walkie-talkies, pagers, two-way messaging devices, laptops, etc., and cannot be used while driving for any purpose — including gaming and text messaging.

The law aims to keep teen drivers safe by keeping their eyes on the road, their hands on the wheel and their minds on driving. Because teenage drivers are young and inexperienced behind the wheel, it is best to avoid any extra distractions while they drive, according to the DMV. Teen drivers are also more easily distracted, illustrating the importance of such a law.

According to the Ford Motor Company research, teen drivers are four times more distracted than adult drivers by cell phone use. Further research shows the importance of eliminating any distractions for teenaged drivers.

According to the National Safety Council, motor vehicles crashes are the leading cause of teen fatalities, accounting for 44 percent of teen deaths in the Unites States. Furthermore 16-year-old drivers have a crash rate three times more than 17-year olds, five times greater than 18-year-olds and almost 10 times greater than drivers age 30 to 59, according to a 2001 study by National Highway Traffic Safety Administration.

The DMV warns that teen drivers should note that simply using a wireless device, even with a hands-free add-on, is a primary violation for which a law enforcement officer can specifically pull them over.

Parents cannot give permission to allow teen drivers to use wireless telephones while driving and the law does apply to emancipated minors and those driving with adult supervision.



SB 1613

While adults will still be able to use their cell phones while driving, SB 1613 requires them to take extra precautions to guard against distracted driving, thereby preventing collisions. The law prohibits the use of cell phones by drivers unless the driver is using a hands-free device. If cited by a law enforcement officer for breaking this law, drivers will have to pay a fine. A first violation of the law will result in a $20 fine with increasing subsequent offenses of $50. With the addition of penalty assessments, these fines can more than triple the base fine amount. While these violations will not result in the assessment of points on the driver’s DMV driving record, the infraction will still show on their driving record.

There are some notable exceptions to this rule. Drivers will be allowed to use their cell phones to place emergency calls to law enforcement agencies, a medical provider, the fire department or other emergency services agency, according to the DMV. Additionally, drivers operating a commercial motor truck or truck tractor, implements of husbandry, farm vehicle or tow truck are permitted to use a two-way radio operated by a push-to-talk feature until July 1, 2011. Operators of an authorized emergency vehicle during the course of employment are also exempt, as are motorists operating a vehicle on private property, according to the CHP.

While the law does not specifically prohibit dialing, the CHP strongly urges that drivers not dial their cell phones while driving. Blue Tooth devices and other earpieces will remain legal, however the CHP reminds drivers that both ears cannot be covered while driving. Drivers will also be permitted to use the speakerphone function of their wireless phones while driving. While the law does not specifically prohibit text messaging while driving, an officer can pull over and issue a citation to any driver of any age if, in the officer’s opinion, the driver was distracted and not operating the vehicle safely. The CHP reminds all California drivers that text paging while driving is unsafe at any speed and is strongly discouraged.

While these laws do not apply to passengers, the laws do apply to all drivers in California, even out of state drivers whose home states do not have such laws.

There is no grace period to acclimate California drivers to this law, according to the CHP.

“If we see someone talking on a cell phone, we are going to pull them over and cite them,” Reece said.



Mobile Options

With the increased restrictions placed on drivers as a result of the two new laws, wireless providers are extending tips and options for drivers looking to be responsible on the roads.

In anticipation of SB 33 and SB 1613, Verizon Wireless is urging all drivers to follow responsible driving tips that are not only sensible, but should be practiced at all times. Those tips include:

* Activating the voicemail service on all cell phones so that if driving conditions prevent the driver from answering their phones, they can retrieve their messages at a later time.

* Programming important and frequently dialed numbers into the cell phone so that all users can take advantage of speed dialing and voice dialing features.

* Never take notes or take down phone numbers while driving. Rather Verizon suggests that all drivers pull off to the side of the road or leave themselves a message on their voicemail or voice-memo capable handset.

* A hands free headset allows the driver to keep both hands on the wheel when the use of wireless phone is needed.

Heidi Flato, a spokesperson for Verizon Wireless, said there has been an increase in demand for such hands-free devices since the bill was signed into law in September 2007.

“Since the law passed last year, more and more customers are coming in and asking about what their options are, but we have certainly stepped up our education efforts as well,” she said. “We have been trying to ensure that customers know about the law for at least the last six months. We don’t want anybody to be caught without the appropriate equipment.”

Many cell phones come with speakerphone capabilities, eliminating the need for any additional devices. Additional hands-free cell phone devices range in cost from about $15 for a wire ear bud, which connects into the cell phone to more sophisticated Blue Tooth devices which top out at about $150, Flato said. Devices that clip onto the dashboard, instead of the ear are also available.

“We take the time to talk to our customers about safe driving when they are buying a new handset, making sure that they know what options are available to them,” she said. “We have always talked to our customers about safety tips on how to keep both hands on the wheel when they are making a call.”

Verizon Wireless also recommends that all cell phone users keep a spare hands-free device in their glove box, just in case their primary device is missing or without a charge.

For more information on the new cellular phone laws, visit the California DMV’s Web site at www.dmv.ca.gov/cellularphonelaws/index/htm.





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