Jul 1, 2008

Hands-free cell phone law goes into effect today

No warnings to be given, but police won't target abusers

By Gary Richards / Bay Area News Group

The new hands-free cell phone law may force California drivers to change their behavior more than any new road rule since seat belts became mandatory two decades ago.

But don't expect to see a major crackdown by police and the California Highway Patrol today when the new law takes effect.

Cops from San Jose to Marin tell the Bay Area News Group that they don't plan to saturate city streets and highways to hunt for cell phone abusers.

"This will be nothing like Click It or Ticket," Santa Clara County sheriff's Sgt. Don Morrissey said, referring to the program in which police often set up checkpoints to enforce seat-belt laws.

"It'll be like any other new law that comes on the book. We'll enforce it if we see a violation, but there's no special enforcement being planned."

Throughout the Bay Area and the state, that's the message.

If you drive too slowly, make unsafe lane changes or fail to see that red light ahead and you're on a hand-held phone, you'll stick out and can become an easy target for a ticket.

Or if you have the misfortune to have a police cruiser pul alongside as you put the phone to your ear, well, the fine and penalties could approach $100.

This much is for certain: Cops expect to hear a lot of excuses ... and they likely will not be buying most of them.

Some motorists may plead they were text-messaging, which remains legal for drivers 18 and over, at least until Jan. 1.

Others may claim they forgot or didn't know about the new law, despite all the radio commercials by hands-free companies, news stories and messages on freeway signs.

"I imagine not being aware will be the most common excuse," said Santa Cruz police spokesman Zach Friend, "followed by they forgot about the law."

Another excuse, Palo Alto police Sgt. Steve Herrera predicted, will be from "the usual 'you can't tell me what to do' type."

But this could be a tough law to enforce, many motorists say.

"I think it will be challenging for police," said Susan Potoc of San Jose.

"If they catch someone on the phone and by the time they pull them over, the person has hung up the phone and tossed it in the back seat, where's the proof? Can they still be cited?"

Yep. Having a phone up to your ear is all police need to see.

Some drivers have already been stopped. A San Francisco officer pulled over Andrea Maclean on Bay Street near Crissy Field about a week ago.

"There's usually a cop hiding around there on his motorcycle waiting to pounce," said Maclean, 27. "I was surprised, because I knew the deadline wasn't until July 1. The officer was very nice, though, and told me right away he was just giving me a warning ... that if I drive without a headset and get caught on July 1, I'd get a ticket.

"He then reminded me of how dangerous it is to do anything else, not just using a cell phone, while driving."

Maclean may be fortunate.

"No grace period," CHP spokesman Todd Thibodeau said.

Added Sgt. Paul Woo of the San Jose traffic unit: "I think the majority will have some knowledge, especially with the alerts on the Amber boards on the freeways.

The general consensus around here is that motorists have had over a year to prepare for the new law, so I wouldn't count on a lot of warnings being given out."

Consider that your warning.


HANDS-FREE LAW
California drivers 18 and older must use hands-free devices when talking on cell phones beginning today. Drivers under 18 cannot use cell phones or send text messages.

NEW RULES
18 and older: Voice commands count as going hands-free for drivers 18 or older. BlackBerries, GPS systems, etc., are OK to use. Text-messaging is legal for now, but legislation pending in Sacramento would ban it as of Jan. 1.

Younger than 18: These drivers can't use cell phones. They also cannot send text messages or use laptops.

Fines: $20 for a first offense and $50 for each subsequent conviction. Additional administrative fees and penalties can run to $190.

OTHER RULES
Emergencies: OK to make emergency calls to police, health care providers, fire departments or other emergency agencies.

Points: No points against driver's licenses will be assessed.

Source: Department of Motor Vehicles