Cellular Telephones in the United States

Introduction to Cellular Telephones (State statute topic)

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See the entry below about a 2017 California law that bans any handheld use of a cellphone while driving. In fact, starting the first day of 2017, drivers no longer are allowed its use. Drivers in California will be prohibited from holding their cell phones while they drive.

California Bans Holding Cell Phone While Driving

On January 1, 2017 a new law signed by California Governor Jerry Brown goes into effect which legislators, California personal injury lawyers and the CHP have hopes will reduce car accidents caused by the use of a driver’s cell phone.

As the law currently stands, it’s a violation of the California vehicle code to use a cell phone to text someone, or to use a cell phone to make a call if the call is not made hands free. However, it is not a violation to take a selfie. Nor is it a violation to program Google Maps or Apple Maps or any GPS function to determine the best route to a person’s destination.

The New California Vehicle Code Section 23123.5

Beginning in 2017, the new law, AB 1785 which will become Section 23123.5 of the Vehicle Code, prohibits drivers from holding and operating cell phones for any reason other than for functions that require only the motion of a single swipe or tap of the driver’s finger, and only if the devices are actually mounted in some type of holder on the vehicle’s windshield or on the dashboard.

Drivers will still be allowed to use their cell phones to make a call so long as it is done in a hands free mode. However, beginning in 2017, if drivers want to operate their phones while driving and actually touch their phone for any reason, their phones will need to actually be mounted in a holder on the vehicle’s windshield or on the dashboard, and the only actions a driver may make to their phone is a single swipe or tap of the driver’s finger.

An Analysis of the New California Cell Phone Law

While safety advocates and the CHP applaud the new law, it’s arguable the new law won’t significantly create a huge demand for cell phone mounts on windshields and dashboards. At least not initially. It may not even have much affect in the long term unless fines for using cell phones are much more frequently enforced. To the extent it does create a demand, it may unfortunately be to take advantage of what appears to be a loophole in the new law.

Teenager Cell Phone Car Accidents and Injuries in California

The number of teenagers who will rush to buy a product on Amazon to have their cell phone mounted on their windshield will most likely only be a very small number. The fear of most teenagers of looking like a dork for the most part far exceeds any fear they may have of being in a car accident. Unfortunately, it is that segment of drivers that all safety experts know are more prone to causing a car accident while using their cell phones.

One suspects the intention of the legislators who drafted the new law was to make all drivers, including teenagers, much more paranoid about using their cell phones to talk other than in a hands free mode or to text and now for nearly any function, not only when they see a police car ahead, behind, or pulling up alongside them, but at all times.

But as the new law is written, it may even be difficult for many drivers to understand when they may and may not use their cell phones while driving.

Loopholes in the New Cell Phone Law

The new law also seems to have a major defect in its attempt to discourage cell phone use. The law states that the law excludes functions that require the motion of a single swipe of the driver’s finger. Apparently the legislators who drafted this law were completely unaware of Tinder, the dating app in which you can like or reject someone’s looks for the purpose of meeting up with them with the single swipe of one’s finger.

Additionally, the legislators who drafted this law seem to have failed to consider how fast cell phone app developers are able to modify their apps so cell phone owners can play games, read the news or even watch their friends on FaceTime now with the single swipe of a finger on their cell phones. And by virtue of having their cell phones mounted on one’s dash or windshield, this may in fact make it all the more entertaining, especially to teenagers. And all the more distracting.

California Cell Phone Accidents and Injuries

In places such as Palm Springs, Newport Beach or really anywhere in the Coachella Valley, Orange County and throughout California, one sees far too many catastrophic injuries and deaths from car, truck and motorcycle accidents, not to mention all too frequent injuries to pedestrians and bicyclists caused by drivers using their cell phones. It’s all too clear that cell phones are a major distraction to drivers.

Legislators are determined not to let the widespread use of cell phones by drivers divert them from attempting to cut down on the number of traffic accidents and deaths caused by their use. Some would say that’s a losing battle, but if their efforts save a single life, they are to be applauded.

But if the fines for using a cell phone while driving are to be evaluated for their affect on auto accidents, one has to suspect there the affect on California accidents and personal injury cases may be negligible.

Fines for the New California Cell Phone Law

The initial fine for use in violation of the new vehicle code section is $20. The fine goes up to $50 for every subsequent violation. Will that cause drivers to think twice before using their cell phones other than in the prescribed manner. It’s doubtful. While a fine of $20 to $50 can be a severe hardship for a person scraping to get by, drivers rarely think about their bank account balance while driving.

It is the fines that can cause a working single mother or dad with children to raise to pay hundreds of dollars (in many cases $300 and $400) for other non-cell phone violations that are outrageous. But its unlikely we’ll see the fines for cell phone use ever reach those absurd levels.

Conclusion

So, while the good intention of the legislators in California to reduce the amount of car accidents and injuries caused by the use of cell phones is to be applauded, unfortunately, the newly drafted law still leaves much to be improved upon and may have little affect on the lives of drivers and accident victims.

Source: Sebastian Gibson, Lawyer.

Cellular Telephones