ANSWERS: 3
  • The new law is Ann.Cal.Vehicle Code § 23123 The law essentially says that you must be using a hands-free cell phone while driving on public roads. Notable exceptions: emergencies; school bus drivers (while driving a school bus); emergency service personnel (in the scope of their employment).
  • Hand-Held Wireless Telephone: Prohibited Use 23123. (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. (b) ( ) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense. (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. (d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties. (e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles: (1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver’s license to operate. (B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471. (2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16. (3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101. (4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm. (5) A tow truck, as defined in Section 615. (f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125. (g) This section does not apply to a person while driving a motor vehicle on private property. (h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed. Added and repealed Sec. 4, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2008. Repeal operative July 1, 2011. Amended Sec. 2, Ch. 214, Stats. 2007. Effective January 1, Operative July 1, 2008 The 2007 amendment added the italicized material, and at the point(s) indicated, deleted the following “Notwithstanding subdivision (a) of Section 42001 or any other provision of law, a” NOTE: The preceding section is repealed January 1, 2011, at which time the following section becomes operative. 23123 (a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving. (b) ( ) A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense. (c) This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity. (d) This section does not apply to an emergency services professional using a wireless telephone while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties. (e) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125. (f) This section does not apply to a person while driving a motor vehicle on private property. (g) This section shall become operative on July 1, 2011. Added Sec. 5, Ch. 290, Stats. 2006. Effective January 1, 2007. Operative July 1, 2011. Amended Sec. 3, Ch. 214, Stats. 2007. Effective January 1, 2008. Operative July 1, 2011 The 2007 amendment added the italicized material, and at the point(s) indicated, deleted the following “Notwithstanding subdivision (a) of Section 42001 or any other provision of law, a violation of this sections”
  • Fox News Article – May 11, 2009 Here is a list of the current laws that each state has on the books concerning text messages and cell phone calls while driving. Alabama: No Laws Alaska: Illegal for all drivers with the enforcement being primary, meaning that a police officer can pull over a driver for sending a text message even if he isn’t breaking any other traffic laws. Arizona: Only bans school bus drivers from speaking on their cell phone Arkansas: Illegal for all drivers with primary enforcement California: Illegal for all drivers with primary enforcement Colorado: No Laws Connecticut: Illegal for all drivers with primary enforcement Delaware: Illegal for novice drivers with a GDL to send texts or make phone calls with primary enforcement. Also illegal for school bus drivers to make phone calls. D.C.: Illegal for all drivers with primary enforcement Florida: No Laws Georgia: Only bans school bus drivers from speaking on their cell phone Hawaii: No Laws Idaho: No Laws Illinois: Only bans school bus drivers and those under 19 from speaking on their cell phone Indiana: Only bans those under 18 from talking or texting on a cell phone Iowa: No Laws Kansas: Only bans those with a learners license from talking or texting on a cell phone Kentucky: Only bans school bus drivers from speaking on their cell phone Louisiana: Illegal for all drivers with secondary enforcement, meaning a driver can only be pulled over for a different traffic violation and then ticketed for cell phone usage Maine: Only bans those under 18 from talking or texting on a cell phone Maryland: Only bans those under 18 from talking or texting on a cell phone Massachusetts: Only bans school bus drivers from speaking on their cell phone Michigan: No Laws Minnesota: Illegal for all drivers with primary enforcement Mississippi: Only illegal for those with a learner's license to text while driving Missouri: No Laws Montana: No Laws Nebraska: Illegal for all drivers with secondary enforcement Nevada: No Laws New Hampshire: No Laws New Jersey: Illegal for all drivers with primary enforcement New Mexico: No Laws New York: Only bans school bus drivers from speaking on their cell phone North Carolina: Only bans school bus drivers and those under 19 from speaking on their cell phone North Dakota: No Laws Ohio: No Laws Oklahoma: No Laws Oregon: Only illegal for those with a learner's license to text while driving Pennsylvania: No Laws Rhode Island: Only illegal for school bus drivers and those under 18 to talk on cell phones while driving South Carolina: No Laws South Dakota: No Laws Tennessee: Only illegal for school bus drivers and those under 18 to talk on cell phones while driving Texas: Only illegal for school bus drivers and those under 18 to talk or text on cell phones while driving Utah: Illegal for all drivers with secondary enforcement Vermont: No Laws Virginia: Illegal for all drivers with secondary enforcement Washington: Illegal for all drivers with secondary enforcement West Virginia: Only illegal for those with a learner's license to talk or text on cell phones while driving Wisconsin: No Laws Wyoming: No Laws

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