Hands-free cell law starts Tuesday

Driving down Highway 198, the phone begins to ring. It's Riley. Calling at this hour? It can only mean one thing. There's a new addition to the family!

You pick up the phone excitedly, weaving back and forth across the road as you fumble the device to your ear.

And before you know it, the red lights begin to flash.

It's July 1. The Wireless Telephone Law is now in effect.

"I've been with the department for 26 years and the only other law that has generated as much public impact as this was the motorcycle helmet law and the seatbelt law," California Highway Patrol spokesman Jerry Pierce said. "This is a step in the right direction. I really think this is something that needs to be in place and enforced."

While many laws go into effect "softly," with officers giving out warnings and reminders rather than straight-forward citations, the sheer media presence of this issue may mean people will find themselves getting $20 tickets on the first day of enforcement.

"There is nothing mandated by the department for us to hit this hard and heavy, but it will come down to officer discretion," Hanford PD Traffic Officer Mitch Smith said. "Given that the public has a fair amount of knowledge about this law, we're going to be doing things proactively."

When the new law hits on Tuesday, anyone under the age of 18 will not be allowed to use a cell phone while driving. However, people 18 and older can use a cell phone, provided they are talking through a hands-free device, like a Bluetooth headset or a speaker phone.

"Every year we work dozens of dozens, if not hundreds, of accidents where we can't determine the cause," Pierce said. "The driver rear-ends somebody, goes off the road, fails to react defensively. I think what you are going to see is that cell phones have played an integral role in increasing fatalities and injuries, and this law will make a huge difference statewide."

The first offense will run you about $20 and $50 for each subsequent conviction, but those numbers could go up with the addition of penalty assessments. Also, while drivers will not receive a point on their license like, with, say, a speeding ticket, insurance agencies may soon adopt policies to monitor the amount of cell phone-related offenses you commit, which could in turn lead to higher insurance rates.

"I've already talked to several insurance agencies that may start treating this like a speed violation," Pierce said. "Believe me, they will pay attention to cell phone convictions. Insurance agencies want to make money and they are not going to insure someone they deem to be high-risk."

Readers with additional questions can log into the California Highway Patrol Web site where a detailed question and answer document is available to address people's concerns.

"I think people are eventually going to realize that this is in their best interest," Pierce said. "We live in a state where traffic is part of our culture. Almost everything we do involves a vehicle. I mean, we even have drive-through cleaners and banking. We're geared toward the road.

"It took a long time for everyone to get a cell phone, but now it's time for people to get their hands off the phone and back on the wheel."

The reporter can be reached at 583-2425.

(June 29, 2008)