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California Driving Headset Hands Free Laws

Two new laws dealing with the use of wireless telephones while driving go into effect July 1, 2008. Below is a list of Frequently Asked Questions concerning these new laws.

Q: When do the new wireless telephone laws take effect?

A: The new laws take effect July 1, 2008

Q: What is the difference between the two laws?

A: The first prohibits all drivers from using a handheld wireless telephone while operating a motor vehicle. (Vehicle Code (VC) §23123). Motorists 18 and over may use a hands-free device. Drivers under the age of 18 may NOT use a wireless telephone or hands-free device while operating a motor vehicle(VC §23124).

Q: What are the fines if I’m convicted?

A: The base fine for the FIRST offense is $20 and $50 for subsequent convictions. According to the Uniform Bail and Penalty Schedule, with the addition of penalty assessments, a first offense is $76 and a second offense is $190.

Q: Can I be pulled over by a law enforcement officer for using my handheld wireless telephone?

A: YES. A law enforcement officer can pull you over just for this infraction.

Q: Will it be legal to use a Bluetooth Wireless Headset or other earpiece?

A: Yes, however you cannot have BOTH ears covered.

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