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California : Keep Your Hands Off the Cell Phone!
Just as the summer driving season takes off, California drivers will need to take their hands off of their cell phones. Effective July 1, 2008 , under the California Wireless Telephone Automobile Safety Act, California drivers will be prohibited from using handheld wireless telephones while driving unless the devices are configured to allow hands-free listening and talking. Drivers under the age of 18 are prohibited from using wireless telephones while operating a motor vehicle, even if equipped with a hands-free device, and from using “mobile service devices,” such as Blackberries, pagers and laptops. Violations of the act are infractions, and violators will be subject to a fine of $20 for the first offense and $50 for each subsequent offense. Although a violation is a reportable offense to the California Department of Motor Vehicles, no violation point will be assigned to the violator's driver's license.
With this act, California joins four other states ( Connecticut , New Jersey , New York and Washington ), the District of Columbia , and the U.S. Virgin Islands in banning use of a handheld cell phone while driving. In addition, New Jersey and Washington prohibit drivers from sending text messages while driving.
Exceptions
Drivers are allowed to use a wireless telephone for emergency purposes, such as an emergency call to a law enforcement agency, health care provider or fire department. Emergency services professionals, who use a wireless telephone while operating an authorized emergency vehicle in the course of their duties, are exempt from the act.
What's an Employer To Do?
The new law does not impose any specific requirements on California employers, but employers should consider a policy on cell phone use while driving company or personal vehicles and conducting company business, particularly where employees are reimbursed for business-related cell phone charges. Such a policy may include a statement requiring the use of hands-free cell phones while driving to conduct company business. Employers may want to make clear that, if employees receive citations for violating the new law, the fines and penalties are the employees' responsibility. To encourage compliance with the new law, employers may consider supplying hands-free devices to employees.
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