Ventura Auto Center

The California Hands Free Law went into effect in 2008. Since that time, the incidents of violation are still quite high. KCBS reporter Matt Bigler estimated that approximately forty percent of California drivers ignore the law. Part of the reasoning behind this is the minimal punishment the infraction carries. Currently a violation of California Vehicle Code 23123 will net the offender a $20 fine on first offense, and $50 fine on subsequent offenses. Another issue is with the enhancement of technology and capabilities of a phone to include features such as GPS navigation and MP3 play, it is sometimes difficult to determine what is being done with the phone.

The California Vehicle Code also has many contingents that are included with this law that make it hard for drivers and law enforcement officials to keep track. The main section of the code states “(a) A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving”. The problem comes in when all the other additions and exclusions of the law are evaluated.

A proposal has been entered for an amendment to the bill that will require stiffer hands free fines to be enforced for violators. There is talk that Senator Joe Simitian of Palo Alto, California is proposing a new bill with more restrictive punishment attached. The proposal is that the first offense could potentially be at or over $300. That is quite an increase from the current $20 penalty. If a second violation were to occur, then the offense which is now $50, would be considered a moving violation. Currently it is a non-moving violation, so offenses do not go against your driving record or insurance. If this new legislation goes through, it could mean more damage to a violator than just monetary.

The bill has already passed the Senate Committee, and has a very good chance of approval all the way through California Congress. The simple fact is that using a hands free device reduces motor vehicle accidents. The exact number or percentage of decrease is difficult to determine because often drivers will hang up when an incident occurs, and it takes time for law enforcement officials to be able to pull phone records to see if the phone was in use at the time of the accident.

Something the Ventura Auto Center thought you should know!