As of midnight, Californians are required to use a hands-free driving system in cars. This marks the largest hands-free driving initiative in U.S. history.
While local municipalities in California have seen this as a potential ticket/revenue generating exercise, the California Highway Patrol does not. The CHP has said that they will not (at least initially) be pulling drivers over for lack of hands-free. However, the CHP has also said that they will ticket you if you aren’t using hands-free, and violating some other driving law.
California’s hands-free law requires an hands-free system that does not involve touching the device to operate it. This includes Bluetooth, in-car systems, and wired headsets. In addition, you can also use the speakerphone function of the device, when combined with voice-activated dialing.
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read somewhere that dialing while driving was OK it is having the phone to your ear that is against the law
Eric
It appears that is the case… you simply can not talk into the phone. The DMV’s FAQ on the laws isn’t as clear though:
http://www.dmv.ca.gov/cellularphonelaws/index.htm
It says you can use the speakerphone, but it doesn’t clarify if you have to dial with the speakerphone via voice command. I would assume not, but I can’t confirm.
On the News here in San Diego (kgtv 10news) this morning they said you can still dail the phone and even text message, you just cant hold the phone to your head. Bizzare, text and drive but no holding the phone to head.
the author of the hands free law is working on a bill to “correct” the texting loophole but there are other laws the CHP could cite you for while texting. And what about those who are reading emails on the cell or PDA?
Eric
http://www.dmv.ca.gov/cellularphonelaws/dl208_03cell_phone.pdf
a seperate handsfree device is required according to this publication. using the built in speakerphone is not adequete. The actual law says drivers “are prohibited from driving a motor vehicle while using a wireless telephone unless a hands-free device is used.”
this would also indicate that under this verbage text messaging is also prohibited, which is confirmed by the FAQ.
Simple3, the DMV appears to have ruled that the speakerphone (while inside of the device) is in and of itself a hands-free device.
Nowhere in the regulation does it say the words “separate handsfree device”.
And the DMV’s FAQ that I linked above agrees:
“Q: Does the new “hands-free” law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes.”
Well we have both provided contradicting information, both cited from the DMV here. I think it is important to remember that the DMV did not make this law, will not be enforcing it, and will not be handing out punishments for it either, so the interpretation will be left to law enforcement and the court system.
While I’m usually in favor of _less_ government regulation, I hope this one gets enforced or has a net effect of pushing people to headsets. Some women – er, i mean people – might as well be drunk when they’re on the phone while driving..
Simple3, while you are correct, I don’t think any judge would rule against a citizen that can cite a DMV FAQ for consumers. If the error is in-fact the DMV’s… the citizen cannot be penalized, since it is ultimately the error of the state, and not the citizen for (legitimately) attempting to follow the law.
As such, feel free to use your speakerphone as a hands-free until the DMV says otherwise.