REGION: Cell phone law to debut soon
July 1 is deadline for obtaining headset to keep talking while driving
By DAVE DOWNEY - Staff Writer | ∞
Westview High School student Heather Coates, 17, talks on her cell phone as she leaves school Thursday. On July 1, a law will bar Coates and other teens under 18 from talking on cell phones ---- even with hands-free devices ---- when behind the wheel. (Photo by Bill Wechter - staff photographer) 
Brooke Simmons, manager at the AT&T store in Vista, wears the Aliph Jawbone II wireless headset. (Photo by Don Boomer - staff photographer) 
The Motorola H721 is one of several Bluetooth headsets compatible with Apple's iPhone and most Bluetooth compatible cell phones. (Photo by Don Boomer - staff photographer) 
A woman uses her cellphone while traveling north along Broadway in Escondido on Thursday. (Photo by Don Boomer - staff photographer) Time is running out.
Area residents have one month to buy headsets if they want to carry on telephone conversations, legally, while driving their cars.
Under a law that takes effect July 1, every adult driver will have to use a Bluetooth or similar hands-free device to talk on the cell phone, or hang up.
And they shouldn't count on getting warning tickets during a grace period ---- there isn't going to be one, state officials say. They note drivers have had almost two years to gear up for the law; Gov. Arnold Schwarzenegger signed it in September 2006.
Also taking effect July 1 is a companion law that will bar teens under 18 from talking on cell phones at all ---- even with hands-free devices ---- when behind the wheel. The prohibition will cover all types of communication equipment.
It makes perfect sense to target 16- and 17-year-old drivers, said Richard Robinson, 57, of Oceanside.
"There are just too many things going on in that young person's mind to be talking on a cell phone, much less texting," Robinson said last week.
As for the adults on the road, the restriction against hand-held cells is probably a good thing, he said, though it's hardly the only distraction facing them.
But Robinson, for one, is not running out to buy a Bluetooth. The maintenance supervisor for Air Products and Chemicals Inc. of Carlsbad said he had no reason to.
"I'm probably the only one in Southern California who doesn't have a personal cell phone," he said. "I've never owned one. I just never had use for one. I have a company-provided pager. And so, if people really need to get ahold of me, they can page me."
Besides, his firm went one step farther than the law a few months ago and barred employees from using cell phones, even hands-free devices, while discussing company business, Robinson said.
Waiting until the last minute
Still, a huge number of people do carry cell phones in their cars. Some are ahead of the curve and already have headsets. Many others are procrastinating.
Candi Batze, who lives in the French Valley area of Southwest Riverside County and drives 62 miles to her stem-cell research job in Sorrento Valley, said she is one who keeps putting the decision off.
"I'm probably going to be the last person to buy one," Batze said. "The price will probably go up by the time I get out there. It's kind of low on the priority list."
Batze said she's not worried about the consequences if she fails to make the deadline. She figures she still would have a couple of options at that point.
"You could always let it ring (when a call came in)," she said. "Or, when you get your first ticket, you could say, 'Darn, I guess they are really taking this thing seriously.'"
That first ticket will cost $20 and each subsequent violation will be $50.
Convictions will appear on driving records, according to the state Department of Motor Vehicles. But an offending driver won't be assigned a violation point. Under state law, a driver can lose his or her driver's license by accumulating four points in a year, six points in two years or eight points in three years.
Rebecca Jones, a San Marcos councilwoman, is one of those who is ahead of the curve.
"I didn't want to wait until the last minute, because if you do, you're going to have glitches and it's not going to work out so well," Jones said.
She said she was already seeing the advantage of placing both hands on the steering wheel instead of one on the wheel and one on the cell.
"I feel like I'm having a conversation with someone sitting next to me in the car instead of with someone on the telephone," Jones said. "And you're able to check your mirrors quicker."
The danger of distraction
Doing everything quicker and avoiding crashes is the goal of the twin laws.
"I introduced this (hands-free) bill because I believe it will save lives," said Sen. Joseph Simitian, D-Palo Alto, in a telephone interview Wednesday.
Simitian cited several studies, initially, including a Harvard University analysis in 2002 that attributed 5 percent of all U.S. traffic accidents to drivers talking on cell phones. That study estimated such crashes kill 2,600 and injure 330,000 annually.
A short time later, the National Highway Traffic Safety Administration and Virginia Tech Transportation Institute concluded that inattention was the No. 1 cause of crashes in the United States ---- and that the cell phone was the single biggest distraction.
However, earlier this year, Arthur Goodwin, a researcher at the University of North Carolina Highway Safety Research Center, challenged conventional thinking on the matter.
He reported that accident data from Canada and Australia indicated hands-free talking is no safer than talking with one hand on the phone.
Now there is new information that supports the senator's cause.
Last month, the Public Policy Institute of California predicted the legislation would save 300 to 900 lives a year in California, based on the experience of other states.
"Those numbers are very compelling, even at the low end of the spectrum," Simitian said. "Every day of the year, there will be somebody sitting down to dinner with the family who wouldn't have been without this law."
It's been nearly 22 months since Schwarzenegger signed the hands-free law.
The state gave motorists too much lead time, said Michael Caffin, owner of Cinneti Driving School in Valley Center. As a result, he said, some drivers may be slow to make the switch.
"They waited way too long with this," Caffin said. "People have been doing this for a while already, talking on the phone in the car. And you know how hard it is to break a habit."
He also said state officials haven't done enough to get the word out about the change.
Clearing up confusion
California Highway Patrol Officer Brad Baehr, a spokesman for the agency in San Diego, said the state has been going out of its way to notify drivers through news releases, Web site postings and speeches to community groups.
Baehr said the new laws appear to be on many people's minds. He said more than 100 people asked him about them when the Highway Patrol set up a booth at a downtown San Diego street fair recently.
"I don't think there's too many people who don't know about it," he said.
However, it may not be clear what people can and cannot do in every situation.
For example, the law makes an exception for emergencies. But does that mean drivers must pull over to make an emergency call on a hand-held cell? Or may they dial while driving?
"You can make that call while the car is moving," Baehr said.
If a driver is not experiencing an emergency, however, it won't be OK to try to squeeze in a call while sitting at a red traffic signal or in bumper-to-bumper freeway traffic, he said.
"Technically, you're still behind the wheel of a motor vehicle, and you're still driving," Baehr said.
And while the under-18 prohibition covers every kind of communication device, be it a cell phone, laptop, pager or Blackberry, the hands-free law is narrowly focused on the cell. According to the Department of Motor Vehicles, that law does not bar sending text messages while driving.
Mitch James, a beer salesman from Lake Elsinore who bought his head set four months ago, said there ought to be a law against texting, too, because it forces people to take their eyes off the road.
"They're going to have to do something about that next," James said. "That's too much."
Contact staff writer Dave Downey at (760) 745-6611, Ext. 2623, or ddowney@nctimes.com.
Cell phone laws: Questions and answers
Q: Will there be a grace period in which only warnings will be issued after the laws take effect July 1, 2008?
A: No.
Q: Does the ban on talking on a hand-held cell phone apply to vehicle passengers?
A: No, only to drivers.
Q: What fine will I have to pay if I am convicted?
A: $20 for a first offense; $50 for each offense after that.
Q: If I am convicted, will I receive a violation point?
A: No. But the conviction will appear on your driving record.
Q: Can I be pulled over by a police officer just for talking on a hand-held cell phone, even if I am not disobeying any other traffic law?
A: Yes.
Q: Does the law prohibit dialing?
A: No.
Q: Does the law prohibit texting?
A: No.
Q: Does the law allow me to use the speaker-phone function of my cell phone?
A: Yes.
Q: May I make an emergency call on a hand-cell phone while the car is moving?
A: Yes. The law makes an exception for emergency calls to law enforcement agencies, medical providers, fire departments and other emergency services agencies.
Q: If I am under 18, can I talk on my cell phone if I have a head set?
A: No. The law bars all use of cell phones and other communication devices by 16- and 17-year-old drivers.
Source: Department of Motor Vehicles, California Highway Patrol
For more information, visit the California DMV Web site.
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New laws wrote on May 31, 2008 5:40 PM:there are already laws against driving while distracted that apply to cell phones, eating, drinking, smoking, yelling at the kids etc. and they are just not enforced. It's sad when the populace is so ignorant that we have to pass a specific law to get people to hang up and drive.
Its About Time wrote on May 31, 2008 5:42 PM:I hope they REALLY crack down on those who break the law!
Albert wrote on May 31, 2008 5:54 PM:Great, we can't look out windows and talk at the same time, but we're allowed to look down at our laps while we drive to send text messages. Doesn't apply to truckers either. It's ok talk on a hand-held cellphone and drive an 18 wheeler loaded with 20,000 gallons of gas in rush hour traffic, but not a Toyota with an 8 gallon gas tank. Just another idiot law devised by idiots for idiots.
Kathleen wrote on May 31, 2008 6:23 PM:As one of the few people who do not find it necessary to talk on the phone and drive, this law can't go into affect too soon. But,how is it that texting got left out? Hopefully when the PD and CHP start pulling people over and citing them, cell phone use while driving will decrease. The cities can use the revenue from these tickets, too. Every $50 adds up!
To NCTIMES wrote on May 31, 2008 6:48 PM:Not sure what person in the DMV wrote those questions and answers but...
In order to text message someone, you must have a phone in your hand...the new law prohibits any type of phone usage unless it is "hands free".
I know many officers, myself included, who cannot wait for this law to go into effect. I am sick and tired of being tailgated, cut off, short braked, and the most annoying of all, have the person in front of me travelling 10 to 15 mph below the posted speed limit because they cannot drive and talk on the phone at the same time.
BTW, Vista court has already convicted numerous drivers for unsafe speed because they were texting while driving, regardless of the vehicle's speed or the posted roadway speed. The safe speed while texting has clearly been established in the eyes of the court as zero mph.
ben wrote on May 31, 2008 8:09 PM:Its about time. I dont know how many times that I have almost been hit from behind by someone gabbing on thier cell phone. This is a GREAT LAW and I hope the police write tons of tickets. Teens have enough issues with thier driving....
jr wrote on May 31, 2008 8:55 PM:This law reads like the old saying "a camel is a racehorse designed by a committee". It makes no sense otherwise.
Sue wrote on Jun 1, 2008 8:23 AM:Finally...at long last. Is there a number we can call to report people doing this after the law is in place.
It should just be plain old fashion consideration for others to STAY OFF THE PHONE WHILE DRIVING. This includes shopping in stores. Most of us are not interested in your personal life being annouced as you walk around.
Sue wrote on Jun 1, 2008 9:50 AM:If I am in a store talking on the phone how does that bother you any more than if I am talking to someone next me? Maybe you are just a cranky misanthrope.
Karl wrote on Jun 1, 2008 11:05 AM:Sue, you are too funny. Using a cell phone to report someone else using a cell phone? Don't get me wrong, I have no problem with the law. I've been using handsfree in my auto since the early 90's.
TO SUE.. wrote on Jun 1, 2008 11:35 AM:STICK TO THE TOPIC.
Sue wrote on Jun 1, 2008 12:21 PM:People tend to talk louder on a cell phone and become less aware of what is going on around them.
Using handsfree of course to report someone. To the topic. Like stated "less aware of what is going on around them" Most amerians have become all about 'me'..ttime to wake up and see things as they are..think of others and their safty and privacy.
Great to see that the posted woke up some people..HA!
Guy wrote on Jun 1, 2008 12:53 PM:I am from NY, where this law is currently in place, and the police do not enforce it. It is a pointless law that is virtually unenforceable. I am sure some legislator suggested this law because they got a bribe from some cell phone accessories company.
John E wrote on Jun 1, 2008 1:18 PM:To those who want to protect their precious "right" to yak on a cell phone whilst motoring -- are you prepared to bear the reasonable consequences, including some combination and level of jail time, fines, and civil financial settlements, if your inattention and distraction causes you to kill or permanently disable someone? If only your own safety were at stake, I would scream "nanny state" with the other critics, but the issue is far more complex than that.
A Cop wrote on Jun 1, 2008 1:20 PM:No, please do not call the police to report someone talking on their cell phone. It is an infraction, and not enforceable unless seen first hand by a cop.
OuttaBaLaw wrote on Jun 1, 2008 1:39 PM:When is the law coming to keep them from using their cell phones in restaurants and blabbing about how lousy their husband is in bed or graphic details about the surgery they are having next week. THAT’S the law we all need.
noway wrote on Jun 1, 2008 5:22 PM:catch me. Law is socially unacceptable.
The problem is dialing and text messaging. Not talking unless you are one of those who can not steer a grocery cart and chew gum at the same time.
Like Totally Wrong wrote on Jun 1, 2008 6:46 PM:Like, I was reading this article and like I was feeling like I was like being singled out for being a teenager or something.
Ya know?
Like, this must be unconstitutional or something.
All of my friends are like "No Way!".
Peace in Dafur!
it isnt a fine wrote on Jun 1, 2008 6:56 PM:The $20 is th ebase fine. After adding in assessments and penalties, the fine is nearly $90 for a first offense.
Ron wrote on Jun 1, 2008 7:27 PM:Hey "Albert" @5:54 PM. It is already against the law for truckers to talk on cell phones without either Bluetooth or a headset. Hands on the cell, is already a No-No per DOT regulations, and is citable.
Has been for a very long time now.
George wrote on Jun 1, 2008 7:28 PM:At the risk of being politically incorrect we must admit, it is a girl thing to yap on the cell phone til the cows come home. We love them but as Archie used to say "stifle it Edith" Its time to spend that 600 dollar rebate & git yerselves a handsfree system.
el camino wrote on Jun 1, 2008 8:04 PM:wait a minute tinted windows loud mufflers and expired tags is against the law we cant fix these problems yet let alone cell phones
to guy wrote on Jun 1, 2008 8:04 PM:I can promise you that this law is enforeable...and I am going to enjoy writing every driver I see on the phone after July 1st!
About time wrote on Jun 1, 2008 9:24 PM:I just don't understand this fixation with cell phones. I am a talker, I love to talk on the phone---------land line, that is. My cell phone is tucked away in my purse for emergencies should one arise. My husband doesn't even own one and has no desire to own one. He was forced to purchase one when he was working, He bought one and put it in the trunk of the vehicle where it stayed til he retired. Bad enough he was tethered to a pager. His job was sales and he was on the road. Said he needed to concentrate on driving and if anyone wanted to reach him they could just wait til he got off the road.
By the way he was tops in his field and was never bothered by his superiors as long as he produced for them.
chickenlittle wrote on Jun 1, 2008 9:38 PM:I hope you keep your promises and do enforce it. And I will enjoy watching you write those tickets.
Although I'm sure there are a ton of people who are able to chew gum and walk, the ones who can't recognize their own limitations have ruined it for them.
Off topic: no right turns on red on the 76 (my pet peeve)
ben wrote on Jun 1, 2008 9:59 PM:TOO many people want to play cop out there. Let the officers do thier job. It is a good law. People talking with a cell phone in there hand causes tons of problems on the road. Any 3rd grader could figure this one out. For those of you that dont support this law need to wake up. Your comments are baseless and without merit. I hope the officers start citing on july 1..
This is Great wrote on Jun 2, 2008 6:19 AM:I get so sick of people yaking on their phone while driving, not using their blinker. I almost got hit by a driver while he ran a red light right in front of me, yaking on the phone. And, I did see an accident where a young girl on her cell phone ran a red light right in front of me. Oh, and maybe off topic, but it is just plain rude to use your cell phone in a store or a restaurant, take it outside!
A question wrote on Jun 2, 2008 6:25 AM:will this law null and void your auto insurance if it was found you were using a cell phone in an auto accident, and would you be held responible no matter whose fault it was?
Another question wrote on Jun 2, 2008 6:28 AM:myself and many others will not speak to an attorney on a speaker phone or a hands free device as we don't know who might be listening. Will this force the attorneys to pull over to the side of the road and conduct business?
What will we do wrote on Jun 2, 2008 6:44 AM:with police officers driving during a crisis and the sole officer needs to use his hand held radio? Above the law?
jr wrote on Jun 2, 2008 7:10 AM:But the problem (farcical nature) in all this is that it's reduced to a hand-to-ear issue. Put another way, we're supposed to believe that just by not having your left hand up to your ear we'll be safer drivers. I think the issue with bad driving is preoccupation with the discussion, which, under the law, will continue. Just because it's wireless from gadget to ear isn't what's essential here. I agree with Guy above...someone got paid off here....makes no real sense otherwise.
I am tired of being wrote on Jun 2, 2008 8:05 AM:a nanny tax payer, I don't have to time to watch the politicans at play with our money. Time to get the children out of office and be in SANE, reponsible people in office.
phone heads wrote on Jun 2, 2008 8:07 AM:Why are people so addicted to cell phones -- I think they are a nuisance and I hate driving and talking on the stupid thing. I don't use mine in traffic and tell my kids if I don't answer then I'm driving, and anything they needed to tell me call the office before I leave. Believe me, I get yelled at when I get home "why don't you ever answer your phone" and I tell them, I don't drive and talk on the phone, get used to it. Are people so insecure they have to be constantly in contact with someone on the planet. And to those who date their cell phones while shopping or eating in a restaurant, your half of the conversation is loud, obnoxious and really boring! What is especially rude is texting another person while carrying on a conversation with the person you are with.
JK wrote on Jun 2, 2008 8:19 AM:I have observed, informally and out of curiosity, over the last few years that at least 90% of women leaving a store in front of me start dialing their cell on the way to the car. The real backlash of this law will be the lack of available parking due to the slow turnover of vehicles in parking lots because women will have to finish their conversations in the car before driving.
Silly as Heck wrote on Jun 2, 2008 11:22 AM:I don't own one of the darn things!! I think it is so funny to see people walking around talking to themselves! I just wish they could stop taking them into the grocery stores. They talk so loud and are holding up the check out lines. They are all rude as far as I am concerned. They are fine for business or emergencies, but otherwise a darn nusance.
TK wrote on Jun 2, 2008 11:46 AM:Standby...the cops are waiting at the gate to stop hands on cellphoners and write tickets. Maybe this will decrease the amount on idiots that cause us to swerve out of the way to avoid them !
Go Blue !
Fred wrote on Jun 2, 2008 4:04 PM:Too bad officers need to babysit people who dont have common sense in the first place!! Like the officers dont have higher priority calls to handle. I am sure people will whine the law enforcement when they are pulled over and cited!!!!
A Cop wrote on Jun 2, 2008 4:05 PM:To what will we do, cops are exempt.
Albert wrote on Jun 2, 2008 5:22 PM:Hey Ron, this is from the new cell law FAQ sheet (A 2-Way radio is a truckers cellphone:
Q: What if my phone has a push-to-talk feature, can I use that?
A: No. The law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a "push-to-talk" feature.
James wrote on Jun 2, 2008 5:29 PM:I'm never in a hurry and I don't own a cellphone. I just wrapped an empty Good & Plenty box with aluminum foil and I'm going to talk to that box everywhere I drive. It will give the cops something to do and I'll laugh myself silly everytime they pull me over and see my phone.
Except wrote on Jun 2, 2008 5:50 PM:It exempts cops who are on "official business" gonna love to see a cop pulling a cop over for this... bet no ticket is given...
My lord wrote on Jun 3, 2008 4:24 PM:Where have all of the pay phone booths gone?
MOM wrote on Jun 4, 2008 7:40 AM:Want to cure distractions while driving, Ban not only 'hand held,' cell phones/commo devices, ban also ban car radios/stereos, passengers, traffic, pedestrains... I agree with limiting cell phone use, but lets make it fair and safe, no phones, texting...for anybody no matter the age or profession. This would include 18 wheelers, police, firefighters... and all that are currently exempt from this law as well. Biggie, police officers typing on computers while driving, this should be stopped, the installation of a jotto desk computer stand doesn't make it safe. If I, the common class C driver arn't allowed to do it, neither should they be. A DISTRACTED DRIVER, IS A DISTRACTED DRIVER, NO MATTER THE SUPPOSED TRAINING. Anybody with 2 brain cells to rub together knows that this law will be selectivally enforced just as most of the other traffic laws, as there arn't enough police to FAIRLY enforce this law along with other unenforceable laws. When you, a police officer/sheriff's deputy, have to be able to PROOVE that a person was just chatting on the phone and not making an emergency call, and all emergency calls are not necessarly to 911. Think, this law needs a lot of work, it is only 1/2 done.
MOM wrote on Jun 4, 2008 7:45 AM:response to "My Lord," DUH!!!!!
Go Robinson wrote on Jun 5, 2008 9:58 PM:I love your comment that you have never owned a cell Phone.
People should understand that this techy era has not fully seen complete research on the long term/chronically exposed effects.
PEOPLE BY wired-hands free. The Blue Tooth is just as bad if not worse than hold a cell phone directly at your brain!
Do a search Larry King Live just ran a story on this research. The lists are there to google.
I am just hear to pass the word we have to do something fast!
Matthew wrote on Jun 23, 2008 7:04 PM:This is obviously the result of special interests money (AKA legal bribery) from cell phone accessory companies. As long as cars have been around, there have been accidents, well before the invention of cell phones. There is no hard evidence that cell phones are guaranteed to increase your chance of an accident. It's the perogative of the driver to know his limits, and drive accordingly. Instead of wasting resources tracking down cell phone users, why not use the effort to actually crack down on the drivers that just plain suck at driving, with or without phones?
College Student wrote on Jun 25, 2008 3:16 AM:I'm currently doing a speech on this topic and just find it shocking that text messaging is okay while driving? How is this possible when one must literally take their eyes off the road for seconds to type. I'm having a hard time convincing my audience on this new law, even I am not convinced.
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