California has enacted a series of laws aimed to reduce collisions caused by distracted drivers by restricting, and in some cases, prohibiting the use of cell phones and other portable communication devices. Beginning in July 2008 cellular phone use was restricted to hands free for drivers 18 years and older and prohibited for drivers under 18 years of age. As of January 1st, 2009 all drivers are prohibited from texting while driving a vehicle. Here are some important points related to the laws.
Drivers under 18 years of age:
Prohibited from using any form of communication device while driving including hands free devices, text messaging and speaker phones.
Passengers under 18 years of age may use their phones (remember new drivers under 18 years of age have certain restrictions for transporting passengers under 20 years of age during the first year).
Drivers 18 years of age and older:
May operate cell phones using hands free devices (i.e. ear piece or speaker phone).
Passengers need not use hands free devices while using their cell phones.
All drivers, texting:
All ages are prohibited from texting (or Web use) while driving.
Frequently asked questions:
Am I driving if I’m stopped at a red light?
Yes, you are considered a driver if you are on the roadway unless you are legally parked.
Can an officer stop me if he sees me not using my phone with a hands free device?
Yes, the law is a primary enforcement law.
Can I be cited for anything even if I’m over 18 and using a hands free device?
If you are driving distracted the basic speed law still applies and you can be cited if an officer can articulate why your speed is unsafe (e.g. extreme speed variance, weaving or other signs of distraction).
Is driving with a hands free device safer than when holding the phone?
Not necessarily, studies have shown the primary distraction is caused by your brain being busy, not your hands.
Can an adult make a call without a hands free device or a teen with any device in an emergency?
Yes, ideally it is safer to pull over and call but there are exceptions for calling emergency responders (i.e. 911).
For complete text of the laws you can refer to California Vehicle Code sections 23123, 23123.5 and 23124.
