California's New Cell Phone Law - What Drivers and Employers Need to Know

On July 1, 2008, police officers will begin citing$20 fine. If they are on the job at the time of
drivers for using wireless cell phones that do notthe accident, their employer may also be
operate "hands free," forcing many Californiaexposed. This is because of the long-established
drivers to become familiar with new telephonelegal principle of "negligence per se." Lawyers use
technology. Businesses, and particularly businessesthis principle as a shortcut to establish liability and
that employ young people, will need to adopt newwin damages for injured persons in accidents.
policies for their employees who drive vehicles."Negligence per se" means that if a driver is
Violating drivers will not only be required to payillegally using a cell phone when an accident occurs,
fines, but may be held responsible to payeven if otherwise driving well, he or she is much
damages to people injured in automobile accidents,more likely to be found responsible for the
regardless of actual fault.accident. This is because the cell phone law is a
Governor Schwarzenegger signed the new "handssafety law designed to eliminate distractions and
free" cell phone law in September of 2006. Itsthereby prevent accidents. Depending on the
effective date was delayed to July 1 of 2008 toextent of the injuries, this financial risk could be
give California drivers time to become aware ofvery substantial. If the cited driver has violated
the law and prepare for the change. Still, manythe cell phone law before, significant punitive
Californians are expected to wait until the lastdamages may also apply. If the violating driver
moment before buying and learning how to usewas on the job, their employer may be held liable
"hands free" telephone equipment. Similarly, manyas well. A wave of civil litigation is expected to
businesses may delay adopting a company policyfollow the new cell phone law when it becomes
regarding this new safety law.effective on July 1.
The LawWhat You Can Do.
Sections 23123 and 23124 of the CALIFORNIAIndividuals: It would be smart to purchase cell
VEHICLE CODE prohibit drivers from using aphones and/or devices that will allow you to
wireless telephone while operating a motor vehiclecomply with the new cell phone law now. "Hands
unless the driver uses a telephone that is designedfree" cell phone technology has advanced
and configured to be "hands free." Drivers whosignificantly and entrepreneurial companies see the
violate the law will face a $20 fine for the firstopportunity to help Californians to comply with this
violation and a $50 fine for each time thereafter.new law. Even with "user friendly" cell phones and
Drivers are allowed to use a wireless telephonecell phone devices, getting familiar with any new
for emergency purposes. Drivers of certainpiece of equipment takes some time before it
commercial trucks and farm vehicles may usebecomes "second nature." The new technology is
push-to-talk telephones until July 1, 2011.easy to use, but don't wait until July 1 to check it
Emergency response vehicle drivers are exemptout. Give yourself a little time to make a good
from this law. The law also forbids young peopledecision about what product to purchase and to
under age 18 from using any mobile devicebecome familiar with how it works.
(including a pager or texting phone) while driving.Businesses: Because of the risk to employers,
California is not breaking new ground with thisbusinesses should adopt a policy before July 1,
"hands free" cell phone law. Connecticut, New2008 that requires strict compliance with the new
Jersey and New York have enacted similar laws in"hands free" cell phone law by all employees. For
response to the growing use of cell phones inmost employers, the best policy would be to
vehicles and accidents involving drivers' cell phoneinstruct their employees not to use cell phones
distractions.while driving and to let incoming calls go to
Risks and Penaltiesvoicemail to be returned outside of the car in a
The new law does not allow a peace officer tosafe area. If your business issues cell phones to
stop a driver under age 18 only to check if theyits employees, or necessarily requires the use of
are using a mobile device. However, a peacea cell phone by its employees, make sure that
officer may stop an adult driver for no otherthe cell phones can be used "hands free." Note
reason than suspecting that the driver may bethat a cell phone that has a speaker phone
violating the law - even if the driver is otherwisefunction only will not comply with the law.
driving safely. This low threshold reason isEmployers who hire employees under age 18
significant because when a driver is stopped, theshould prohibit their use of a cell phone in a car.
peace officer speaks with the driver and canThese instructions should be in writing and be
observe the driver, other persons and objects inacknowledged by each employee. Employers
the car. Whether considered good or bad,should not tolerate any departure from the
searches for other purposes will be more availablecompany policy.
to law enforcement if a driver is suspected ofPreparing for and complying with the new "hands
violating the new cell phone law.free" cell phone law has many benefits, not the
Drivers who violate the cell phone law and are inleast of which is driving with less distractions and
an accident will be exposed to much more than acreating a safer California.