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Wireless Telephone Laws FAQsTwo new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws.
Q: When do the new wireless telephone laws take effect?
A: The new laws take effect July 1, 2008
Q: What is the difference between the two laws?
A: The first prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. (Vehicle Code (VC) §23123). Motorists 18 and over may use a hands-free device. Drivers under the age of 18 may NOT use a wireless telephone or hands-free device while operating a motor vehicle(VC §23124).
Q: What if I need to use my telephone during an emergency, and I do not have a hands- free device?
A: The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, the fire department, or other emergency services agency.
Q: What are the fines if I’m convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.
Q: Will I receive a point on my drivers license if I’m convicted for a violation of the wireless telephone law?
A: NO. The violation is a reportable offense: however, DMV will not assign a violation point.
Q: Will the conviction appear on my driving record?
A: Yes, but the violation point will not be added.
Q: Will there be a grace period when motorists will only get a warning?
A: NO. The law becomes in effect on July 1, 2008. Whether a citation is issued is always at the discretion of the officer based upon his or her determination of the most appropriate remedy for the situation.
Q: Are passengers affected by this law?
A: No. This law only applies to the person driving a motor vehicle.
Q: Do these laws apply to out-of-state drivers whose home states do not have such laws?
A: Yes
Q: Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?
A: YES. A law enforcement officer can pull you over just for this infraction.
Q: What if my phone has a push-to-talk feature, can I use that?
A: No. The law does provide an exception for those operating a commercial motor truck or truck tractor (excluding pickups), implements of husbandry, farm vehicle or tow truck, to use a two-way radio operated by a “push-to-talk” feature.
Q: What other exceptions are there?
A: Operators of an authorized emergency vehicle during the course of employment are exempt as are those motorists operating a vehicle on private property
DRIVERS 18 AND OVER
Drivers 18 and over will be allowed to use a hands-free device to talk on their wireless telephone while driving. The following FAQs apply to those motorists 18 and over.
Q: Does the new “hands-free” law prohibit you from dialing a wireless telephone while driving or just talking on it?
A: The new law does not prohibit dialing, but drivers are strongly urged not to dial while driving.
Q: Will it be legal to use a Blue Tooth or other earpiece?
A: Yes, however you cannot have BOTH ears covered.
Q: Does the new hands-free law allow you to use the speaker phone function of your wireless telephone while driving?
A: Yes.
Q: Does the new “hands-free” law allow drivers 18 and over to text page while driving?
A: The law does not specifically prohibit that, but an officer can pull over and issue a citation to a driver of any age if, in the officer’s opinion, the driver was distracted and not operating the vehicle safely. Text paging while driving is unsafe at any speed and is strongly discouraged.
DRIVERS UNDER 18
Q: Am I allowed to use my wireless telephone hands free?
A: NO. Drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other electronic communication or mobile services device to speak or text while driving in any manner, even hands free. EXCEPTION: Permitted in emergency situations to call police, fire or medical authorities. (VC §23124).
Q: Why is the law stricter for provisional drivers?
A: Statistics show that teen drivers are more likely than older drivers to be involved in crashes because they lack driving experience and tend to take greater risks. Teen drivers are vulnerable to driving distractions such as talking with passengers, eating or drinking, and talking or texting on wireless phones, which increase the chance of getting involved in serious vehicle crashes.
Q: Can my parents give me permission to allow me to use my wireless telephone while driving?
A: NO. The only exception is an emergency situation that requires you to call a law enforcement agency, a health care provider, the fire department or other emergency agency entity.
Q: Does the law apply to me if I’m an emancipated minor?
A: Yes. The restriction applies to all licensed drivers who are under the age of 18.
Q: If I have my parent(s) or someone age 25 years or older in the car with me, may I use my wireless telephone while driving?
A: NO. You may only use your wireless telephone in an emergency situation.
Q: Will the restriction appear on my provisional license?
A: No
Q: May I use the hands-free feature while driving if my car has the feature built in?
A: NO. The law prohibits anyone under the age of 18 from using any type of wireless device while driving, except in an emergency situation.
Q: Can a law enforcement officer stop me for using my hands-free device while driving?
A: No. For drivers under the age of 18, this is considered a SECONDARY violation meaning that a law enforcement officer may cite you for using a hands-free wireless phone if you were pulled over for another violation. However, the prohibition against using a handheld wireless telephone while driving is a PRIMARY violation for which a law enforcement officer can pull you over.
CONTACT: Fran Clader
Media Relations Office
(916) 657-7202
2555 First Avenue Sacramento, CA 95818
Good Luck and please drive safely and keep those seat belts fastened!! The Story of 3 TreesOnce there were three trees on a hill in the woods. They were discussing their hopes and dreams when the first tree said, "Someday I hope to be a treasure chest. I could be filled with gold, silver and precious gems. I could be decorated with intricate carving and everyone would see the beauty." Then the second tree said, "Someday I will be a mighty ship. I will take kings and queens across the waters and sail to the corners of the world. Everyone will feel safe in me because of the strength of my hull." Finally the third tree said, "I want to grow to be the tallest and straightest tree in the forest. People will see me on top of the hill, and look up to my branches, and think of the heavens and God and how close to them I am reaching. I will be the greatest tree of all time and people will always remember me. After a few years of praying that their dreams would come true, a group of woodsmen came upon the trees. When one came to the first tree he said, "This looks like a strong tree, I think should be able to sell the wood to a carpenter," and he began cutting it down. The tree was happy, because he knew that the carpenter would make him into a treasure chest. At the second tree the woodsman said, "This looks like a strong tree, I should be able to sell it to the shipyar d." The second tree was happy because he knew he was on his way to becoming a mighty ship. When the woodsmen came upon the third tree, the tree was frightened because he knew that if they cut him down his dreams would not come true. One of the woodsmen said, "I don't need anything special from my tree, I'll take this one," and he cut it down. When the first tree arrived at the carpenters, he was made into a feed box for animals. He was then placed in a barn and filled with hay. This was not at all what he had prayed for. The second tree was cut and made into a small fishing boat. His dreams of being a mighty ship and carrying kings had c ome to an end. The third tree was cut into large pieces and left alone in the dark. The years went by, and the trees forgot about their dreams. Then one day, a man and woman came to the barn. She gave birth and they placed the baby in the hay in the feed box that was made from the first tree. The man wished that he could have made a crib for the baby, but this manger would have to do. The tree could feel the importance of this event and knew that it had held the greatest treasure of all time. Years later, a group of men got in the fishing boat made from the second tree. One of them was tired and went to sleep. While they were out on the water, a great storm arose, and the tree didn't think it was strong enough to keep the men safe. The men woke the sleeping man, and He stood and said "Peace" and the storm stopped. At this time, the tree knew that it had carried the King of Kings in its boat. Finally, someone came and got the third tree. It was carried through the streets as the people mocked the man who was carrying it. When they came to a stop, the man was nailed to the tree and raised in the air to die at the top of a hill. When Sunday came, the tree came to realize that it was strong enough to stand at the top of the hill and be as close to God as was possible because Jesus had been crucified on it. The moral of this story is that when things don't seem to be going your way, al ways know that God has a plan for you. If you place your trust in Him, He will give you great gifts. Each of the trees got what they wanted, just not in the way they had imagined. We don't always know what God's plans are for us. We just know that His ways are not our ways, but His ways are always best. Please keep this moving by passing it on so that He may inspire more people on the way. May your day be blessed. And until we meet again, may God cradle you in the palm of His hand. GOTCHALast sunday, i spoke to Black's sister Cookie and told her about my plans on making a surprise get-together for Black's birthday. She told me it is impossible to come up with a surprise thing because he never liked surprises. But I told her, I'd still take the risk because you'll be 60 only once in a lifetime, so we planned the day and the venue.
Comes Monday til thursday, Black and I were in Vegas to attend a conference called the Interop at Mandalay Bay.
When we got back, it really took me a hard time to call his family and 2 of his close friends for an invitation because we were almost together most of the time. I took advantage of the times when he took a nap, he was in the shower and he'd go out to buy some cigarettes. Probably he was surprised why I didn't want to go out with him this time. Also, why am I closing the door at the room.
So, what he knew is that, we are meeting my aunt and my uncle (who stays in San Francisco) when they come and visit LA then we are treating them for lunch. He kinda actually felt bad that they would not want to go straight to the house. But I said, they'd still go to the house but we'll have to treat them first.
Comes saturday before 2:30pm, we were already on our way to Hometown Buffet at Hawthorne. I was so quiet in the car, tensed and nervous. But what Black was thinking is that, I am overwhelmed on meeting with my family. When we were looking for a parking space, his son and his family was there. He approached them, thinking that it was a coincidence seeing them there. Then I went inside for reservations where he thought I was looking if my relatives are already inside. Then suddenly everyone started coming, his sister Cookie and husband, mother, sister Jane. He still didn't know what's up, asking everyone and wonder howcome he didn't know anything. And when he saw his bestfriend Michelle, then he realized we planned something.
I was very very tensed and scared because I don't know how he would react to it, and what might happen to me. Since everyone was into the idea, everyone gave their full support and they all tried to tell Black that he deserve to get a surprise once in a lifetime.
Well, I should say, it was a total success. And everyone went home happy and fulfilled. No one messes with Black but this time, we GOTCHA. :) So we took advantage of it, and sang him the birthday jingle before he sliced the cake. For him, it was an embarrassment, but for everyone, it was a dream come true.
To everyone, THANK YOU SO, SO VERY MUCH!!! If not for your support, the surprise would not be a success. We love you all. |
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