california hands free law

On July 1, 2008, police cited drivers for starting the use of wireless phones that do not work" hands free "," California is forcing many drivers to become familiar with new phone technology. The companies, particularly companies that Employment of young people who need to create new strategies for their employees, the vehicles. breach driver is not only to pay fines, but may be responsible for payment of damages for persons injured in automobile accidents, regardless of the actual debt.

Governor Schwarzenegger signed the new "hands free" cell phone law in September 2006. Its entry into force was delayed until 1 July 2008 to California driver's time to get an idea of the law and prepare for the change. Nevertheless, many Californians are expected to wait until the last moment before you buy and learn, "" hands free "telephone. Also, many companies may refuse to accept an undertaking to this new law.

The Law

Sections 23123 and 23124 of the California Vehicle Code prohibits drivers from using a wireless telephone while operating a motor vehicle unless the driver uses a phone that is configured to be "hands free. "Drivers who break the law with a $ 20 fine for the first offense and 50 U.S. Dollar fine for each time thereafter. Driver allows the use of a wireless phone for emergencies. Drivers for certain trucks and agricultural vehicles can use push to talk phone until 1 July 2011. Emergency drivers are affected by this Act. The law also prohibits young people under the age of 18 from using any mobile device (including a pager or SMS phone) while driving. California is not breaking new ground with this "" hands free "cell phone law. Connecticut, New Jersey and New York have similar laws in reaction to the increasing use of mobile phones in vehicles and accidents involving drivers' cell phone distractions.

Risks and penalties

The new law, it is not possible, a peace officer, a driver under 18 years only to check whether they are using a mobile device. However, peace can stop an adult driver for no other reason than the suspicion that the driver may be against the law - even if the driver is different drive safely. This low threshold is important because if the driver is stopped, the peace officer spoke with the driver and the driver to observe other people and things in the car. Whether good or bad, is looking for other purposes, the law enforcement agencies are available when a driver suspected of being against the new cell phone law.

Drivers, in violation of the mobile phone and are in an accident are much more than $ 20 fine. If they are in the labor market at the time of the accident, the employer may also be suspended. This is because the long-standing legal principle of "negligence per se." "Attorneys with this principle, as a shortcut to create and attract liability for damages in accidents injured persons." Negligence per se "means that if a driver is illegally using a mobile phone when an accident occurs, even if otherwise drive, he or she is much more likely to be found, caused the accident. This is because the cell phone law is a law to eliminate interference and thereby prevent accidents. Depending on the extent of the injuries, this financial risk may very significantly. If the driver has violated the cell phone law, which essentially punitive damages may also apply. If the driver was injured at work, their employer may be held liable as well. A wave of civil lawsuits is expected that after the new cell phone law, if they shall enter into force on 1 July.

What you can do.

People: It would be smart to buy mobile phones and / or equipment that will allow you to continue with the new cell phone law now. "" Hands Free "cell phone technology has advanced significantly and entrepreneurial companies the opportunity to Californians to continue with this new law. Even with "user friendly" cell phones and mobile devices, with each new device takes some time before it "second nature". " The new technology is easy to use, but do not wait from 1 July to check it out. Treat yourself to a little time to make a good decision about which product to buy and know how it works.

Company: As the risk for employers, companies should establish a policy prior to 1 July 2008 requires that strict compliance with the new "hands free" cell phone law by all employees. For most employers, the best policy would be to their employees not to use cell phones while driving and so incoming calls go to voicemail to be returned outside of the car in a safe area. If your company issues cell phones to their employees or necessarily requires the use of wireless telephones by its employees, make sure that the phones can be used "hands free. "" Note that a cell phone that has a speaker phone function not only in conformity with the law. Employers, employees under 18 years should be prohibited to use a cell phone in the car. These instructions should be confirmed in writing and by each employee. Employers should not allow any deviation from company policy.

Preparation and compliance with the new "hands free" cell phone law has many advantages, not least of which is driving with fewer distractions and creating a safer California.

Ralph G. Martinez is a lawyer and the founding principal of Martinez Law Group, Inc., an Orange County business and real estate law firm of legal advisers and lawyers process. Mr. Martinez writes a blog for entrepreneurs and small businesses on the Internet through its website at http://www.martinezlawoffice.com

© Ralph G. Martinez, the 2008th The author grants all the emphasis on print and broadcast media under the condition that the source is at the author and the author of the website, and if http://www.martinezlawoffice.com reprinted electronically, the author of the website is a live -, clickable reference.