Calif. safety enemy No. 1: cell phones

Cell phone use while driving has become the No. 1 safety problem on California roads and highways, a new survey of state motorists says.

Close behind came texting while driving. Combined, cell phoning and text messaging drew almost 40 percent of the responses.

Both problems individually outweighed last year’s main concern, “speeding and aggressive driving,” according to the second-annual survey by the California Office of Traffic Safety.

Texting soared in mentions as the biggest danger, going from last year’s 2 percent to 18 percent.

When asked to name the most serious distraction for drivers, respondents said cell phone use (56 percent) and texting while driving (27 percent). No other distracted activity (eating, grooming, etc.) was cited in more than 2 percent of the responses. Texting again increased as a concern, going from about 13 percent (2010) to 27 percent. Cell phone use (handheld or hands-free) fell by 6 percent, with most of those mentions presumably rerouted to texting.

The 2011 survey included 1,801 drivers over age 18. They were questioned at gas stations throughout California. (Read the 2011 California traffic safety report).

“This information provides us with unique insight into the concerns of Californians,” OTS Director Christopher Murphy said. “It is very telling that we’ve seen such a shift in opinions on cell phone use in just one year.”

The drivers indicated they’re getting the message about distracted driving: When asked how often they talked on a handheld cell phone in the past month, 10.5 percent said “regularly” — down from 14 percent in 2010. The majority indicated “never.”

When asked the same question about text messaging while driving, 6 percent indicated they did it regularly, down from 9 percent in 2010. 72 percent said never. More drivers 18-24 cited texting as the top danger, yet they were more likely to text message while behind the wheel.

A third of Southern California drivers cited texting as the biggest problem while only a quarter agreed in Northern California.

More responses from the traffic safety survey:

• Four in 10 of the drivers said they used their cell phone less because of California’s handheld law.
• Seven in 10 said hands-free cell phone use was safer than handheld use.
• Six in 10 said they’ve been hit or almost hit by a driver yakking on a cell phone, up slightly from 2010.

The California Office of Traffic Safety survey also asked the motorists about drunken driving, sobriety checkpoints and seat belt use. The director said the survey was beginning to show trends in its second year and would provide “valuable data for our planning, particularly in distracted driving programs and the emerging drugged driving problem.”

Cell phone use by drivers ranked No. 2 in the 2010 survey about the biggest safety problems on California’s highways.

Related story: U.S. drivers recognize talking & texting as dangerous activities, but many continue to drive distracted anyway — even in high-risk traffic situations.

Court: Cell phone law covers stops

California’s law against use of handheld cell phones while driving applies when vehicles are stopped at traffic lights, an appeals court has ruled.

While the Legislature didn’t specifically address use of handheld electronics at stop lights, the First District Court of Appeal ruled Nov. 14 that the statute writers’ intent was to include vehicles on public roadways that are paused momentarily to obey traffic laws.

The judges cited “significant and numerous public safety hazards that likely would result” if they agreed with the defendant’s claim that the distracted driving laws did not apply to “fleeting” traffic stops.

Carl Nelson originally appealed his traffic court conviction in Contra Costa County Superior Court. Nelson, a lawyer, is expected to carry the case to the California Supreme Court.

Nelson, who was fined $103 for the 2009 incident, has said he hopes his appeals will provide clarity on the California distracted driving laws.

The three-judge panel, however, said matters were quite clear. “Defendant listened to his hand-held wireless telephone during a fleeting pause at a traffic light ‘while driving’ in Richmond and, therefore, violated section 23123, subdivision (a) (of the state traffic statutes).”

The California distracted driving law of 2007 reads: “A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.”

Nelson’s case was based, in part, on a DUI case in which the state Supreme Court made a distinction between the terms “drive” and “operate.” The First District Court of Appeal judges said that ruling did not address “fleeting stops made while driving” and that the Legislature was not addressing any issues raised in the DUI case (Mercer v. Department of Motor Vehicles).

The appeals court judges said a ruling in Nelson’s favor “would open the door to millions of people across our state repeatedly picking up their phones and devices to place phone calls and check voicemail (or text-based messages) every day while driving whenever they are paused momentarily in traffic.”

The ruling applies to the separate statute against text messaging and use of handheld electronic devices while driving, the judges wrote.

California’s hands-free law now in effect

On July 1, two major laws went into effect in this cell phone-loving state. Drivers are required to use hands-free devices if they wish to make cell phone calls from their moving vehicles.

In addition, drivers under the age of 18 are prohibited from using wireless phones while driving — sorry, that means no hands-free devices. Teen drivers also are prohibited from using text-messaging devices and laptop computers.

The first infraction brings a $20 ticket; any others will cost $50. The Los Angeles Times says the true costs of those cell phone tickets are $76 and $190, figuring in court costs and penalties.

For now, any violations of California’s cell phone and texting laws will not result in points — as in insurance company rate hikes — but stay tuned.

California law enforcement agencies had varying policies on how actively they’d be enforcing the new cell phone laws come the July 4 week. The Highway Patrol planned strict enforcement, while the Los Angeles Police Department adopted “an educational period,” according to the Los Angeles Times.

“People ask us, ‘Is there going to be a grace period?’ We say, ‘Yes, it’s June 30,’ ” a CHP spokesman said.

Gov. Arnold Schwarzenegger signed the hands-free legislation in fall 2006. The bill was SB 1613, from state Sen. Joe Simitian, D-Palo Alto.

Simitian also authored SB 33, now a law that prohibits teen drivers’ use of cell phones and text messaging devices such as walkie-talkies, pagers, two-way messaging devices and PDAs while driving.

Of the young driver law, the senator said: ”I introduced this bill for one simple reason it will save lives. No one would argue that just because we can’t eliminate all the distractions affecting driver safety, we shouldn’t eliminate the ones we can. This is especially true when it comes to young drivers.”

Simitian filed SB 28 on June 19, 2008, seeking to apply the text-messaging (and email) prohibitions to all drivers.

The nonpartisan Public Policy Institute of California recently estimated that 300 fewer people will die each year in traffic accidents as a result of the hand-held cell-phone ban for California drivers.

Here are some questions and answers about mobile phones and driving, from the California Department of Motor Vehicles:

Drivers 18 and older:
Q: What if I need to use my phone during an emergency and I do not have a hands-free device?

A: The law allows a driver using a wireless telephone to make emergency calls, including, but not limited to, calls to a law enforcement agency, health care provider, fire department, or other emergency services agency.

Q: What are the fine(s) if I am convicted? 

A: The base fine for a first offense is $20, and $50 for each subsequent conviction. The courts will impose additional administrative fees.

Q: Will I receive a point on my driving record if I am convicted for a violation of the cellular phone law?

A: No. The violation is a reportable offense; however, DMV will not assign a violation point.

Q: Will a conviction appear on my driving record?

A: Yes, but a violation point will not be added.

Drivers under 18:
Q: If I am under 18, can a peace officer stop me if he/she suspects I am using a cellular phone or other mobile service device?

A: A law enforcement officer may pull you over if he/she observes or determines you are using a cellular phone.

Q: Why is the law more strict for provisional drivers?

A: Statistics show that teen drivers are more likely than older drivers to be involved in accidents because they lack driving experience and tend to take greater risks. Distractions, such as talking with passengers, eating or drinking, and talking on cellular phones or texting increase the chance you will be involved in a serious accident.

Q: Can my parents give me permission to allow me to use my cellular phone when driving?

A: No. The only exception is an emergency situation that requires you to call a law enforcement agency, health care provider, fire department or other emergency entity.

Q: If my car has a built in hands-free phone feature, may I use it while driving?
A: No. The law prohibits anyone under 18 years old from using any type of wireless device while driving, except in certain emergency situations.