CHP answers questions about the new cellphone laws
From the cost of fines to the exceptions to the rules, here's information that California drivers need to know.

July 1, 2008

What if I need to use my cellphone in an emergency but don't have a hands-free device?

The law allows a driver to use a wireless telephone to make emergency calls to a law enforcement agency, a medical provider, a fire department or other emergency services agency.

What are the fines if I'm convicted of violating the law?

The base fine for the first offense is $20, and it's $50 for subsequent convictions. But with the addition of penalty assessments, the total amount can be more than triple the base fine.

Will I receive a violation point on my driver's license if I'm convicted?

No. The conviction will appear on your driving record because the violation is a reportable offense, but the DMV will not assign a point.

My cellphone has a push-to-talk feature. Am I allowed to use that?

No. The law allows those operating a commercial 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. But a push-to-talk feature attached to a hands-free earpiece or other hands-free device is acceptable.

What other exceptions are there?

Operators of authorized emergency vehicles used on the job are exempt, as are motorists operating a vehicle on private property.

Does the law prohibit adults from dialing a cellphone while driving?

The law does not prohibit adults from dialing, but drivers are strongly urged not to dial while driving.

Am I allowed to use the speaker phone function of my phone while driving?

Yes.

Does the law allow adult drivers to text page while driving?

The law does not specifically prohibit that, but an officer can issue a citation to a driver of any age if, in the officer's opinion, the driver is distracted and not operating the vehicle safely. Texting while driving is unsafe at any speed and is discouraged.

Are drivers younger than 18 allowed to use cellphones hands free?

No. Drivers under 18 may not use a wireless phone, pager, laptop or any other electronic communication or mobile services device to speak or text while driving in any manner, even hands free. There is an exception; in emergency situations, young drivers may call police, fire or medical authorities.