Look Ma, No Hands

Hands-Free Cell Phone Laws Take Effect in California, Washington

California and Washington drivers can no longer talk on their cell phones while driving — at least not if they’re holding the phone with their hands, thanks to regulations that took effect on July 1, 2008.

In California, drivers 18 or older who are operating a motor vehicle must use a hands-free device if they intend to be on the phone, or it is considered a primary offense. Additionally, drivers under the age of 18 may not use a wireless phone, pager, laptop or any other electronic communication device while on the road, even with a hands-free attachment.

Drivers who fail to follow the law will be penalized with a $20 for the first infraction, and a $50 fine for any subsequent violation. The citation also will appear on the individual’s driving record, but violation points will not be added.

The California Highway Patrol said text messaging is not specifically banned for adults as it is for teenagers, but adult drivers can still be cited for negligence.

Washington drivers, on the other hand, can be fined up to $124 for using their hands to talk on their cell phones only if they are pulled over for another traffic violation. Failing to follow the law is a secondary offense.

Drivers using cell phones are four times more likely to be in an accident, according to the Insurance Institute for Highway Safety. Yet that same study suggested that limiting cell phone use to hands-free devices does not have much of an impact.

Furthermore, a survey of Washington drivers found that drivers agree the hands-free law will help, yet it is not preventive enough to stop accidents that result from the lack of concentration associated with talking on cell phones. In the survey conducted by Pemco insurance, 60 percent of drivers polled agreed that talking on a cell phone while driving should be labeled as a primary offense. An even larger majority — 73 percent — expressed that text-messaging behind the wheel, which became illegal as a secondary offense on Jan. 1, 2008, should also be cited as a primary offense. Four out of five survey respondents said that talking on a cell phone should be illegal unless the driver is using a hands-free device, and some even thought that talking on a cell phone should be completely banned.

The survey results emphasize individuals’ concerns for traffic safety, said Jon Osterburg, Pemco spokesman. “People understand that holding a cell phone while driving is distracting, and they’re letting us know more should be done to regulate it,” he said.

Two in three respondents expressed that texting and talking on a cell phone while driving contributes significantly more to accidents and problems on Washington roadways — even more so than speeding and driving while fatigued. Perhaps not surprising, electronic-device usage while driving is high among younger drivers. Younger drivers do, however, indicate greater intent (35 percent versus 29 percent overall) to purchase a hands-free device.

“There’s no question that talking on a cell phone while driving keeps us from giving our full attention to the road. The good news is, Washington drivers recognize the risks and want stronger laws despite our increased dependence on technology” Osterburg said.

Nevertheless, the hope is for California’s and Washington’s new laws to successfully prevent traffic accidents and fatalities.

For more information on survey results, visit www.pemco.com.

The Associated Press contributed to this article.

Topics California Washington