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Effective July 1, 2008, California joins several other states in
prohibiting the use of handheld cellular phones while driving.
The California Wireless Telephone Automobile Safety Act
prohibits the use of cell phones by the driver of any moving
vehicle unless the driver is using a hands-free device.
Acceptable hands-free devices include speaker phones, earpieces,
wired headsets and Bluetooth devices. If a driver is cited for
using a cell phone without a hands-free device while driving,
the infraction is punishable by a fine of $20 for the first
offense and $50 for each subsequent offense. Passengers are not
affected by the new law as it applies only to persons driving.
The law provides for a limited exception for push-to-talk
two-way radios. Specifically, digital two-way radios using a
wireless telephone that does not require immediate proximity to
the driver’s ear may be used by operators of commercial
vehicles.
What does this mean for California employers?
The new law does not require an employer to take any proactive
measures, but employers should consider the following options
before the law takes effect. Employers may consider prohibiting
or discouraging their employees from using cellular phones of
any kind while driving for work. If not feasible, employers may
want to provide employees, especially those who utilize
company-provided mobile phones while driving on company
business, with hands-free devices. This will promote safe
driving and encourage employees to comply with the law.
Furthermore, employers should revise their cellular phone use
policies to reflect the new law and include a provision
requiring the use of hands-free devices while driving a motor
vehicle during work hours or on company business.
While the California Wireless Telephone Automobile Safety Act
does not specifically address typed text messages on a mobile
phone or PDA, employers may also choose to include language in
their handbooks or policies which prohibits the reading or
sending of text messages while driving.
Another cell phone law will take effect on July 1st, concerning
minors with probationary licenses. Under the new law, drivers
under the age of 18 are prohibited from using cell phones while
driving even if a hands-free device is used, and are also
prohibited from using “mobile service devices” such as
Blackberries, pagers and laptops.
The California Highway Patrol has provided a series of answers
to frequently-asked questions about the new law. Go online for
more details. |
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