Comments on: California Forces Hands Free on Drivers

By: Christopher Price

Christopher Price — Thu, 03 Jul 2008 17:25:28 +0000

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.

By: docbrown88

docbrown88 — Wed, 02 Jul 2008 16:44:44 +0000

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..

By: simple3

simple3 — Wed, 02 Jul 2008 16:06:58 +0000

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.

By: Christopher Price

Christopher Price — Tue, 01 Jul 2008 19:29:27 +0000

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.”

By: simple3

simple3 — Tue, 01 Jul 2008 19:20:49 +0000

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.

By: eric thompson

eric thompson — Tue, 01 Jul 2008 16:25:17 +0000

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

By: tbagz

tbagz — Tue, 01 Jul 2008 15:26:26 +0000

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.

By: Christopher Price

Christopher Price — Tue, 01 Jul 2008 14:23:54 +0000

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.

By: eric thompson

eric thompson — Tue, 01 Jul 2008 13:05:02 +0000

read somewhere that dialing while driving was OK it is having the phone to your ear that is against the law

Eric