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Going 'hands-free' ; are you ready?

Drivers holding cell phones can be ticketed starting Tuesday, but a few handy tips can prevent violations

A driver wears a hands-free mobile phone earpiece while waiting in traffic at the Bay Bridge toll plaza. New restrictions go into effect Tuesday.

JEFF CHIU / Associated Press
Published: Monday, June 30, 2008 at 3:44 a.m.
Last Modified: Monday, June 30, 2008 at 12:26 p.m.

So you think you know California's new "hands-free" cell phone law that takes effect Tuesday?

Better dial that number again.

Here are tips on the many nuances of the law from Sonoma County CHP Officer Kim Lemons and Santa Rosa Police Sgt. Doug Schlief, who oversees the agency's traffic division.

What does it mean to be "hands-free"?

Hands-free means drivers who have a conversation on the phone must do so without holding a cell phone. This means you can't hold the phone to your ear or even have it in your hands once the conversation starts.

Options include using the phone's speaker function, a headset connected with a cord or a wireless device such as Bluetooth product, which fits into the ear.

What is the cost for a violation?

The base penalty for a first offense is $20, and $50 for each subsequent violation. But in Sonoma County, court fees and other costs will push the cost for a first offense to $93, and $181 for each new violation.

Are police actually going to enforce the law?

Yes. Schlief said officers will be "aggressive" in issuing tickets, starting Tuesday, when the law goes into effect. There are no plans for special enforcement efforts, such as those targeting red light runners or speeders.

Is it legal for a driver to dial a number while the cell phone is still in their hands?

Yes, according to Schlief. But he said the phone must be out of the driver's hands by the time the conversation has begun. The point is to be hands-free while talking.

What about texting?

Texting in a vehicle is still legal under the law. However, Lemons said officers can pull someone over if they appear distracted, whether because of texting or something else.

If I pull over, can I talk with my cell phone to my ear?

Yes, but be careful where you pull over. It's illegal to do so on a freeway unless it's an emergency.

Speaking of emergencies, what's the law say about that?

Drivers can hold their cell phones to dial 911, so long as they are reporting an emergency.

I'm 17 years old. Can I legally talk on a cell phone and drive after Tuesday?

No. Drivers under 18 cannot legally talk on a cell phone, including the use of hands-free devices such as Bluetooth products, or texting. However, if you need to make a call, pull over (but not on a freeway) and then dial. That is legal. Making a call while stopped at a stop light doesn't count, Lemons said. In that instance, you are considered to be in motion, and thus prohibited from calling.

How will police know whether I'm under 18?

They won't. Schlief said officers cannot pull a driver over who is, say, talking on a Bluetooth device, simply because that person looks young. The hands-free law is considered a "secondary violation" for this age group. This means, for instance, that a 17-year-old who is pulled over for speeding can face additional fines if it is determined they were talking on a cell phone, including via a Bluetooth device, at the time.

What about police? Do they have to follow the law?

No. Law enforcement officials are exempt under the new law and can still drive with a cell phone to their ear.

If I get a ticket, will it count as a point on my driving record?

No. It's not considered a moving violation.

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