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Old 06-27-2008   #1 (permalink)
desade
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Default Drop the cell phone, dude

California to drivers: Drop the cell phone, dude - Yahoo! News

LOS ANGELES (Reuters) - Next week California will try to wrest cell phones from the hands of drivers, telling everyone from movie starlets and dot-com millionaires to surfers and soccer moms that conversations behind the wheel must be on a headset.

Several U.S. states and some two dozen countries around the world already have restrictions on mobile phones while driving but now such a law has come to California -- where the car is king and much of life is spent on the famously snarled freeways.

Californians interviewed by Reuters mostly supported the law requiring hands-free phones in cars and outlawing cell phones entirely for drivers under 18, which takes effect on Tuesday -- though they were puzzled by a loophole that allows seemingly more dangerous text messaging.

Others cast a jaundiced eye on lawmakers, who they blame for failing to build more freeways or public transportation in the face of increasingly gridlocked roads in the nation's most populous state and say hands-free conversations are no safer.

"I can't believe that (Californians) will put up with all these nanny, nit-picking laws," KFI-AM radio talk-show host John Kobylt told Reuters.

"It's stupid because we've gone over about seven different studies and each one of them says it's the conversation that distracts you, not holding the phone," he said.

TEXT MESSAGING OK?

Besides, he said, many Californians are forced to use their cars as offices while stuck on the freeway.

State Sen. Joe Simitian, who authored the bill, disputes those studies and says keeping both hands on the wheel is always safer. He expects his law to save hundreds of lives.

"There are more and more people out there on the highway and the CHP (California Highway Patrol) has collected data every year showing that cell phones are the number one cause of distracted drivers," Simitian said.

Fines for a first offense are $20 plus fees and $50 plus fees for subsequent convictions.

The Democratic lawmaker is working on a follow-up bill to outlaw text messaging in the car, which he says wasn't an issue when he began working on the first one in 2001.

Connecticut, New Jersey and New York already prohibit drivers from talking on hand-held cell phones, along with some two dozen countries around the world. In New Jersey, police have issued 35,000 tickets for using a hand-held phone or texting while driving since the law went into effect March 1.

But the random sampling of Californians interviewed by Reuters expressed ambivalence.

"On the one hand I don't want people crashing into each other, but I'm not going to go get an ear thing," 38-year-old bank employee Jason Fischer said in Los Angeles. "I'll give it up and then one day I'll make a call and get a ticket. I don't want a headset. I'm too lazy to get a headset."

Rachel Kucsulain, 36, said she rides her bike to her job as an administrative assistant in Los Angeles and wants cell phones taken out of the hands of drivers.

"I've almost been hit multiple times. I think it's totally a threat," Kucsulain said. "Two blocks from here someone (on a cell phone) turned on me as I was crossing a crosswalk. They were only inches away from me. It's just distracting."
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Old 06-27-2008   #2 (permalink)
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Sorry for the lame title, thats the actual title of the article.

Here's my view, first, it's about time, second, why on Earth is text messaging o.k. and legal under the new law??? and third, only a $20 fine, thats to small. Oh well it's a step in the right direction although a baby step IMO.
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Old 06-27-2008   #3 (permalink)
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Quote:
Originally Posted by desade View Post
Here's my view, first, it's about time, second, why on Earth is text messaging o.k. and legal under the new law??? and third, only a $20 fine, thats to small. Oh well it's a step in the right direction although a baby step IMO.
+1,000,000, although I agree that the spoken conversation is more distracting than holding the device. Texting while driving...... WTF?!
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Old 06-27-2008   #4 (permalink)
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I know of at least one traffic accident that was caused by a teen driving and texting. From what I remember from the newscast, her and 2 of her passagers died when she crashed into a tree.
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Old 06-27-2008   #5 (permalink)
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Washington State has the same law going in affect on Tuesday, too.
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Old 06-27-2008   #6 (permalink)
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Originally Posted by desade View Post
California to drivers: Drop the cell phone, dude - Yahoo! News

LOS ANGELES (Reuters) - Next week California will try to wrest cell phones from the hands of drivers, telling everyone from movie starlets and dot-com millionaires to surfers and soccer moms that conversations behind the wheel must be on a headset.

Several U.S. states and some two dozen countries around the world already have restrictions on mobile phones while driving but now such a law has come to California -- where the car is king and much of life is spent on the famously snarled freeways.

Californians interviewed by Reuters mostly supported the law requiring hands-free phones in cars and outlawing cell phones entirely for drivers under 18, which takes effect on Tuesday -- though they were puzzled by a loophole that allows seemingly more dangerous text messaging.

Others cast a jaundiced eye on lawmakers, who they blame for failing to build more freeways or public transportation in the face of increasingly gridlocked roads in the nation's most populous state and say hands-free conversations are no safer.

"I can't believe that (Californians) will put up with all these nanny, nit-picking laws," KFI-AM radio talk-show host John Kobylt told Reuters.

"It's stupid because we've gone over about seven different studies and each one of them says it's the conversation that distracts you, not holding the phone," he said.

TEXT MESSAGING OK?

Besides, he said, many Californians are forced to use their cars as offices while stuck on the freeway.

State Sen. Joe Simitian, who authored the bill, disputes those studies and says keeping both hands on the wheel is always safer. He expects his law to save hundreds of lives.

"There are more and more people out there on the highway and the CHP (California Highway Patrol) has collected data every year showing that cell phones are the number one cause of distracted drivers," Simitian said.

Fines for a first offense are $20 plus fees and $50 plus fees for subsequent convictions.

The Democratic lawmaker is working on a follow-up bill to outlaw text messaging in the car, which he says wasn't an issue when he began working on the first one in 2001.

Connecticut, New Jersey and New York already prohibit drivers from talking on hand-held cell phones, along with some two dozen countries around the world. In New Jersey, police have issued 35,000 tickets for using a hand-held phone or texting while driving since the law went into effect March 1.

But the random sampling of Californians interviewed by Reuters expressed ambivalence.

"On the one hand I don't want people crashing into each other, but I'm not going to go get an ear thing," 38-year-old bank employee Jason Fischer said in Los Angeles. "I'll give it up and then one day I'll make a call and get a ticket. I don't want a headset. I'm too lazy to get a headset."

Rachel Kucsulain, 36, said she rides her bike to her job as an administrative assistant in Los Angeles and wants cell phones taken out of the hands of drivers.

"I've almost been hit multiple times. I think it's totally a threat," Kucsulain said. "Two blocks from here someone (on a cell phone) turned on me as I was crossing a crosswalk. They were only inches away from me. It's just distracting."
NY is making the move to no texting
In NJ NO texting is not on the books but many of the local and some of the county cops don't care cell phone is cell phone and they have seriously started writing them up.
Most of our local and county cops ride
Even pulled over a biker on the phone!
All I know is one of the reasons I ride is to get away from people and phones lol
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Old 06-27-2008   #7 (permalink)
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I think OR has a ban on texting while driving but not talking on the cell. I agree, texting while driving is just insane to do. But I am also extremely tired of idiots in the fast lane going slower than the slow lane while talking on their cell. Oooohhh that really irritates me!
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Old 06-27-2008   #8 (permalink)
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Originally Posted by desade View Post
why on Earth is text messaging o.k. and legal under the new law???
The article explained it later on.

The bill has been in the works since 2001, when texting wasn't an issue. It took this long to finally pass the law. They plan to add an additional statute regarding texting.
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Old 06-27-2008   #9 (permalink)
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Quote:
Originally Posted by Old Gray Beard View Post
NY is making the move to no texting
In NJ NO texting is not on the books but many of the local and some of the county cops don't care cell phone is cell phone and they have seriously started writing them up.
Most of our local and county cops ride
Even pulled over a biker on the phone!
All I know is one of the reasons I ride is to get away from people and phones lol
No texting while driving was passed into NJ law in March. It's also a primary offense along with talking on the phone now so you can be pulled over specifically for that reason (used to be they needed another reason to stop you first).

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Old 06-27-2008   #10 (permalink)
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It's a primary offense in CT, too.
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Old 06-27-2008   #11 (permalink)
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Originally Posted by CycleDude View Post
+1,000,000, although I agree that the spoken conversation is more distracting than holding the device. Texting while driving...... WTF?!
Whats the difference between spoken conversation on a hands free cell or talking with your wife ( who is sitting in the next seat ) while driving home or driving out to grandmas on sunday afternoon. How could simple talking while keeping both hands on the wheel and still having a 360 degree area to look at and a clear view of all your mirrors be so dangerous? SO whats next? Banning any talk in the car Period? If anything... i think hands free talking is less dangerous than talking to your wife because your not looking at your wife or kids while your driving. With a hands free cell, you tend to keep your eyes on traffic, the same way you would if you were on your own.
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Old 06-27-2008   #12 (permalink)
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No texting while driving was passed into NJ law in March. It's also a primary offense along with talking on the phone now so you can be pulled over specifically for that reason (used to be they needed another reason to stop you first).

I thought it was passed and not in yet guess that's what I get for living in cave
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Old 06-27-2008   #13 (permalink)
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I thought it was passed and not in yet guess that's what I get for living in cave
They conveniently haven't done that good of a job notifying people about it - only reason I knew about it is it came through my department.
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Old 06-27-2008   #14 (permalink)
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Default Here is the facts.

For those of you who only read *****media BS here is the real facts.....

Two 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(s) if I’m convicted?
A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. With the addition of penalty assessments, the fines can be more than triple the base fine amount.

Q: Will I receive a point on my driver 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 effective 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. However, a push-to-talk feature attached to a hands-free ear piece or other hands-free device is acceptable.

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 Bluetooth 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 message 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. Sending text messages 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 devices, 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: 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 device if you were pulled over for another violation. However, the prohibition against using a handheld wireless device while driving is a PRIMARY violation for which a law enforcement officer can pull you over.



The two laws were the result of SB 1613 and SB 33, authored by Senator Joe Simitian and signed into law by Gov. Arnold Schwarzenegger in September 2006.
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Old 06-27-2008   #15 (permalink)
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They conveniently haven't done that good of a job notifying people about it - only reason I knew about it is it came through my department.
Now that the supreme court has made it clear that we have the right to bear arms a few more tweeks on the fire arm codes and we can just shoot the texters!
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Old 06-27-2008   #16 (permalink)
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We'll see how much these laws are enforced. If it was up to me, the fine would be $500 and the LEO gets to smash the living hell out of the phone.
I have a cell phone with me at all times. However, its shut off when I'm in the truck and on the bike. Emergency, I'll just turn the SOB on and make the call.
Matter of fact, I rarely use it because I don't like talking on the phone to begin with. I think I use like 15 minutes a month if that.

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