California: Cell phone laws, legislation
Last updated: January 4, 2012 · Print this report · Comment
Calfornia distracted driving news: The CHP’s yearlong “Adult Distracted Driving II” campaign continues through Sept. 30, 2012. By the time that grant money runs out, 50 distracted driving enforcement operations will have been conducted statewide. Funding originated with the National Highway Traffic Safety Administration.
California drivers consider cell phone use the No. 1 menace on the roads, followed closely by text messaging. A state traffic safety office survey about roadway perils found that cell phoning and texting by drivers both overtook 2010′s No. 1 worry, “speeding and aggressive driving.” (Read the California traffic safety survey.)
A plan to more than double fines for distracted driving violations was vetoed by the governor Sept. 7. Gov. Jerry Brown said Sen. Joe Simitian’s SB 28 would have made fines too expensive “for people of ordinary means” (more on SB 28 below).
Current prohibitions:
- Adult drivers (18 and older) banned from using cell phones unless they employ hands-free devices.
- Drivers may not use wireless devices to “to write, send, or read a text-based communication” — as in text messaging.
- Minors are prohibited from using wireless phones while driving — with or without hands-free accessories.
- School bus operators and transit bus drivers prohibited from using cell phones while driving.
View the California text messaging law | cell phone law | teen wireless device law
Cell phone and text-messaging fines: First offense $20. Other convictions, $50. “With court costs and penalties, the true costs of those tickets are $76 and $190, respectively,” the Los Angeles Times reports.
Distracted driving notes (2012):
The California Highway Patrol’s New Year’s “zero tolerance” sweep of distracted drivers yielded 115 tickets. The Dec. 30-31 crackdown snared 111 drivers for handheld cell phone use, and four for text messaging. Sixteen warnings were handed out. A CHP spokesman said distracted driving violators had become “pretty blatant” in 2011.
2011 distracted driving notes:
The state Senate and House approved Sen. Joe Simitian’s SB 28, a reprise of his 2010 plan to more than double fines for distracted driving violations. That wasn’t enough: The 2011 bill was sent to Gov. Jerry Brown on Aug. 15, and he vetoed it weeks later.
“I certainly support discouraging cell phone use while driving a car, but not ratcheting up the penalties as prescribed by this bill,” Brown wrote in his veto message.
“For people of ordinary means, current fines and penalty assessments should be sufficient deterrent.”
Under the Simitian plan, fines for using handheld cell phones or text messaging while driving would have increased to $50 (first offense) and $100. In addition, a point would have been charged against the driver’s license on second and subsequent offenses. A first offense would have cost violators about $310 after court costs. Repeat offenses would have hit $528, plus the point.
San Francisco’s airport (SFO) wants visitors to know the state cell phone and texting laws for drivers. New advisory signs have gone up at auto rental counters as well as at entrances to fleet garages. San Francisco International also will post traffic signs on the garages’ exit ramps and on the exit road, Bay City News reported.
Use of push-to-talk cell phones are no longer legal for use by truck drivers as of July 1, 2011 — in state-speak, that’s “a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature.” Truck and tractor-trailer operators will have to get hands-free accessories to be in compliance, just like the rest of us.
Traffic deaths in the Golden State were down 12 percent in 2010, from 3,081 deaths in 2009 to 2,715 in 2010. California Highway Patrol Commissioner Joe Farrow said: “Through the behavioral changes of the motoring public, like buckling up, designating a non-drinking driver and eliminating distractions, progress is made daily, resulting in lives saved.” The Office of Traffic Safety announced July 20 that $76 million from federal funding has been awarded, which will be spent on law enforcement crackdowns and education, such as the new peer-to-peer project, Teens in the Driver’s Seat.
California’s monthlong spring crackdown on distracted driving yielded more than 52,664 citations. The sweep came in conjunction with Distracted Driving Month (April). Statewide fatalities were down 7 percent from April 2010, but the Office of Traffic Safety said it wasn’t clear this had anything to do with the cell phone and texting crackdown.
April was the first Distracted Driving Awareness Month, which inspired the California Highway Patrol to run a long-term sweep against violators of the state’s distracted driving laws. More than 100 California Highway Patrol units and 225 police departments established zero-tolerance days for cell phone and texting violations.
2011-2012 cell phone, texting legislation:
Senate Bill 28: Seeks to hike fines for using handheld cell phones or text messaging while driving to $50 (first offense) and $100. (Current fines are $20/$50.) Would mandate a drivers license point for each offense following the first. Bicyclists included, but fines would be $20/$50 with no additional fees and no points against license. Similar to Simitian’s SB 1475 from the 2010 session, with these two changes: Point against license assessed only after second violation; texting permitted with “voice-operated, hands-free devices.” The measure provides $10 of each fine to education programs about the dangers of distracted driving.
SB 28 legislative history: Approved by the Senate Transportation Committee in a 6-3 vote on March 29; amended and approved by the Appropriations Committee in a 5-1 vote on April 11. Approved by the Senate in a 24-12 vote on April 25. Latest legislative action: Approved by the Assembly Transportation Committee in a 13-1 vote on June 14. Cleared Appropriations in a 10-5 vote on July 6. Approved by the full House on July 14 and returned to the Senate for its approval of the House’s amendments. Sent to the governor for his approval on Aug. 15. Vetoed by the governor Sept. 7. (Simitian)
2010 distracted driving notes:
Cell phone use by drivers ranked No. 2 in a survey about the biggest safety problems on California’s highways. In Southern California, texting and driving was seen as more of a danger than in the northern part of the state. About 45 percent of respondents said they’d made a mistake while using a cell phone while driving. The state Office of Traffic Safety survey, released in mid-November, was based on interviews with 1,671 drivers at gas stations throughout California. (Speeding and aggressive driving ranked No. 1 on the list of dangers.) Update: In 2011, both cell phone use and texting were seen as more significant dangers than speeding/aggressive driving, which came in third.
The California Highway Patrol’s Coastal Division conducted a two-day sweep on cell phone violations, on Nov. 23 and 24. In the region between Santa Cruz and Ventura, 368 tickets for cell phone use were handed out by the CHP and local law officers. One driver was cited for text messaging.
The California Highway Patrol ran two day-long crackdowns on distracted driving during October 2010. The days were Oct. 5 and Oct. 26. Southern California law officers have been focusing on distracted driving all month.
State Sen. Joe Simitian said he “was at a loss” to explain his SB 1475′s death in committee. “The problem hasn’t gone away and we’ll take a look at it at some point in the future,” he told the Napa Valley Register.
As the 2010 session began, Simitian said he’d “heard repeatedly that the current fines are too modest. They wouldn’t be anymore” under his SB 1475. The senator did back down a bit on the new fines for bicyclists due to protests from riders groups.
Simitian’s law banning drivers’ use of handheld cell phones has resulted in “at least 700 fewer fatalities and 75,000 to 100,000 fewer collisions each year.” He said Feb. 17 that California Highway Patrol data show “an immediate drop” of 40 percent to 50 percent in accidents linked to cell phone use.
“We’ve been able to reduce the number of deaths and crashes even as we’ve seen more drivers and more cell phones out on the highway,” said Simitian.
The percentage of people texting and driving has doubled in Southern California despite the statewide ban on the distracted driving practice, the area’s Auto Club says. Handheld cell phone use remains about the same, the organization reported, based on its “observational” studies in Orange County. Read the story: Auto Club: Texting & driving soaring
The California Highway Patrol says it has issued about 283,000 tickets for use of handheld cell phones (as of mid-September 2010). The CHP also reports a total of 3,742 text messaging tickets. The California cell phone law went into effect July 1, 2008, and enforcement of the texting ban began Jan. 1, 2009.
The CHP reported June 30, 2010: “Cell phones are the leading, identifiable, contributing factor to inattentive driver crashes in California. … “There have been more than 1,200 collisions throughout the state where a contributing factor was inattention by the driver due to cell phone usage. Those same collisions resulted in 16 fatalities and more than 850 victims injured.”
The CHP writes about two-thirds of the distracted driving tickets issued statewide, at a rate of 12,000 to 14,000 a month.
California’s Central Valley was targeted for a 48-hour distracted driving crackdown in late-September 2010. Almost 2,100 drivers were ticketed for use of handheld cell phones. Texting resulted in 67 tickets.
Bay Area law enforcement agencies and the California Highway Patrol ran a zero-tolerance sweep on distracted drivers during August. Drivers talking talking on their cell phones or text messaging were targeted. The crackdown began Aug. 10, with CHP issuing 348 cell phone violations and two for texting. On Aug. 18, the numbers were 703 and 55.
The Assembly Committee on Appropriations estimates increased distracted driving fines under Senate Bill 1475 would bring in another $32 million annually.
2010 cell phone, texting legislation:
Senate Bill 1475: Would have increased fines for using handheld cell phones or text messaging while driving to $50 (first offense) and $100. (Current fines are $20/$50.) Would mandate a drivers license point for each offense following the first. Bicyclists would be included in the cell phone and texting prohibitions, but fines would be $20/$50 with no points (per amendment of April 6). Allows police to pull over teen drivers suspected of using cell phones. The measure provides $10 of each fine to education programs about the dangers of distracted driving.
SB 1475 legislative history: Amended and approved by the Senate Transportation and Housing Committee (April 6, 5-1 vote). Cleared the Senate Appropriations Committee (May 10, 6-3 vote). The full Senate approved the bill on June 3 in a 21-16 vote. Cleared the Assembly Committee on Transportation June 22 in 8-6 vote. Failed to advance in the Appropriations Committee.
Latest action on SB 1475: Dead for the year. (Simitian)
Previous cell phone legislation notes:
Gov. Arnold Schwarzenegger signed SB 33, the hands-free cell phone bill, into law in September 2006.
State Sen. Joe Simitian had been trying to pass the bill for six years. He was resisted by all of the major cell phone providers except Verizon, although in the end only Sprint protested the action. After SB 33 passed, the senator later succeeded with SB 1613, which places the cell phone and texting limits on teen drivers.
Then Simitian added the ban on text-messaging while driving to the state’s lawbooks in late September 2008, when Schwarzenegger signed the legislation. SB 28 was approved and sent to the governor on Aug. 21, 2008. It took effect Jan. 1, 2009.
View the posts:
Simitian: Hike Calif. distracted driving fines
Simitian defends California cell phone ban
California spikes drivers’ text messaging
California’s hands-free law now in effect
Is there a web site or call in number where a citizen can report cell phone use while driving, something like the 1-800-EXHAUST for cell phones????
Stanley … Haven’t heard of one, and I doubt the cops would have the time or inclination to chase after tips. In a perfect world, there would be a service that would send a letter to the violators once someone reports them, like the smog line. Thanks for the question.
Well, with the way things are going here in San Francisco, anything is possible… MUNI, our City transit service, is apparently now fitted with a couple different cameras in strategic positions on the exterior of some vehicles and is snapping pictures of cars – and their license plates – that are parked in red-zoned bus stops when a bus pulls up and is unable to pull into the zone because a car is parked in it. People are shocked to receive their photo and a citation later in the mail – the citations run about $300 I believe. A little offtopic, but just demonstration of that anything is possible.
People don’t realize these laws aren’t saving lives. People who talk on phones now text on phones. It’s a lot harder to prove a texting ticket and you can see in the data that not many are issued compared to talking violations. What is worse somebody with a phone to their ear having a conversation or someone attempting to type on a tiny keyboard and read a screen while driving? And remember you can have a speaker phone or a headset and not be breaking a law so it really comes down to if your hand is up to your ear or not. And why isn’t it illegal to simply have your hand to your ear if it’s not illegal to have a conversation with someone in the car? I call BULL on these statistics of saving lives because seriously how many people who ARE talking on there cell phones and get in a wreck admit they were on a phone? You can say I sneezed or my foot cramped to avoid a cell ticket and your accident will now be off the radar. I’m suprised how many people think this law works and is a positive law. I say allow talking and banned texting. Keep your eyes on the road.
A co-worker said that she and her husband were parked in a Walmart parking lot talking on the cell phone. The key was in the ignition but the engine was NOT on. A cop came by and ticketed them for having the key in the ignition, even if they were still parked in the parking space! Is that right? And their ticket was like $300. They went to court but nothing, they still had to pay. Doesn’t seem right.
I seriously think that this is all some serious BULL. I was pulled over for picking up my phone and telling my gf that I would call her back because I was driving home while I was at a red light. Took me all but 15 seconds and the cop cited me for holding my hand up to my ear. Yes while waiting at the light two cars ran red lights and this CA motorcycle officer decided that he would rather cite me them go after actual reckless drivers. What type of BS is that?!?! Mind you that this damn cop was hiding in a Taco Bell parking lot.
I had my phone on speaker talking to a prospective job lead, and the Riv.pd cycle cop was hiding behind I-hop at mag & Tyler. Mind you my phone was on my lap, as I turned the corner i placed my hand on it for a split second for it wouldn’t slip off and land on the floor, and cause a bigger problem. HOW DID HE SEE THAT?
And why is it i can eat, drink, and play the drums on my steering wheel and not be cited? this law is just another way to control us and make revenue. THANKS Sen. Joe Sinitian D-Palo Alto
What is next? you can’t drive with under inflated or over inflated tires? oh, they are trying that!!!
GM cars have “On Star”, other cars have “Blue Tooth”. One can respond to a phone call on these cars by pushing a button on the steering wheel. The phones turn off automatically after caller hangs up. Is this now illegal? Will it be illegal to reach past the steering wheel to turn the heater or AC on or off? Will it be illegal to push a button on the front panel to turn the radio on, or change channels?
Per chance will it be illegal to open or close the car window while driving? The worst action is probably to turn on or off the windshield wipers. Even worse if one were to turn on the turning signals. How distracting!
i just recently got a ticket for looking at my phone while driving. does anyone know if we get points in our driving record??
Jimmy: Sorry to hear about your distracted driving ticket. No points now, but Sen. Joe Simitian’s Senate Bill 28 is advancing in the legislature. It’ll mandate a point upon a second or subsequent violation.
If it’s that big of a safety issue then shouldn’t the police and other officials lead the way by setting the example and not be exempt from this law otherwise it is like I believe it to be another method to just take money away from citizens in the fake belief of safety just like cops hiding to catch speeders our even red light cameras
Can you use your phone while driving as an mp3 player thats connected with an aux cord?
as long as you’re not holding it, and I’d suggest putting the player on the floor.
On JAN 1, 2011, the revised law removed ANY & ALL references to Digital two way radios (e.g. PTT radios i.e. Nextel), CB radios, Walkie-Talkies, private frequency company FM radios and Ham radios. Many of such devices cannot be operated “hands free” (they require than a mic be “keyed”).
These devices are no longer mentioned or even referred to in the revised law. Therefore, if they are not SPECIFICALLY INCLUDED BY DESCRIPTION, then they are automatically excluded. The law ONLY specifically includes a narrow classification of devices described as “Cellular phones.”
The public, law enforcement and the courts cannot “INFER” that something is illegal – it must me defined. If the legislature had meant to include these other communication devices, then they would (could and should) have included them in the definition of the “outlawed devices.” The legislature intentionally omitted the definitions of devices other than cellular phones – therefore they are legal, until they are included.
Much like the list of outlawed assault weapons, California courts must throw out this poorly written law, or require a comprehensive list – so everyone knows EXACTLY what is legal & illegal – by their make & model number, operating methods or physical characteristics.
They are going to have to EXACTLY define what they are going to allow & outlaw. Currently police officers across the state are writing tickets & the courts are errantly upholding traffic citations for drivers using such devices.
The law is POORLY WRITTEN. It should have banned the use while driving of “ANY ELECTRONIC COMMUNICATIONS DEVICE, THAT CANNOT BE OPERATED HANDS-FREE.”
With that language, they would have included ALL OF THE ABOVE DEVICES, it would automatically included new emerging technologies/devices, and would it have outlawed texting as well (a separate law would not have been required).
This is very sad! Our daughter sent a a text message while driving her younger brother into wrestling practice in rural Minnesota four years ago. She rolled the vehicle multiple times injuring her brother and also injuring herself. She was ejected from the vehicle and is now living life as a paraplegic with a complete spinal cord injurty. It is a tragedy that many people don’t take distracted driving seriously. When an accident affects a person, a loved one, or a friend, I can guarantee their perspective will change.
I was pulled over for taking a picture with my cell while driving. The CHP officer gave me a ticket for cell phone use while driving. I wasn’t talking or texting … Can I contest this? any advice would be helpful.
Sonya, please spread your news about your injured daughter. However, me and other giving California 200 dollars ain’t gonna solve a thing. It’s my personal freedom to choose to not talk on cell phone.
Everyone is Palo Alto and Redwood city, please vote against Joe Simitian. He needs to be out of office for making up bogus law one after another to restrict personal liberty.
the point is that using the device is DISTRACTING YOU FROM DRIVING — texting, talking, taking photos, whats the difference? Make it easy on yourself, heres the mantra: No TEXTING, TALKING OR TAKING PHOTOS. Silly people try and beat the law by sidestepping a common sense issue.
On October 14, 2011 (just a few weeks ago) I was returning home from a vacation at Disneyland with my daughters and two of their friends to celebrate our fall birthdays. When we were on the 57 approaching the lane to merge with I-10 our lane came to a complete stop due to a dog on the highway but the other lanes were at full speed. I put my flashers behind me to alert traffic we stopped but the car didn’t stop or even brake and hit us at a full speed of 70 plus mph. I had rented a Dodge Grand Caravan instead of taking my sedan car and it saved our lives-but there isn’t much left of the van. Because he was relaxed and unaware of the impending crash his injuries are minimal and walked away. However, we are all with injuries and will be dealing with them for some time. We were pushed into a vehicle in front of us and they sustained injuries as well. The 18 year old that hit us was texting and had no idea we had come to a stop. The pictures of the scene still make me cringe. I cannot speak loud enough against texting or talking on the phone while driving. This young boy was inexperienced as a driver and didn’t understand what his actions could cause. I am full support of banning texting and driving or talking on the phone and will assist any way possible to get legislation passed in to help save lives. To have one lost – it is one too many.
First of all, Shoan, I am not silly and second I was not trying to beat the law…the law is what my question was. Stop trying to be mister politically correct when you have no clue what your talking about. put the facts where your big mouth is and show me a law that can be enforced by anyone’s interpretation.
They should design cars that have a sensor that blocks the cell signal while the engine is on. NOW we need laws AND enforcement for those idiots driving around with thumping stereos.
Why isn’t there a place to call in and report like drunk drivers?