Are You Violating the California Hands Free Law?

“The California hands free law went into effect in 2008, prohibiting all motorists from using a handheld cell phone while driving. The law places even stricter restrictions on minors: drivers under 18 cannot use a cell phone while driving, even hands-free. A year later, the California Wireless Communications Device Law went into effect. This 2009 law prohibits drivers from reading, writing, and sending text messages while driving.

A third new CA cell phone law went into effect in 2017 to further strengthen rules against distracted driving. The 2017 law bars drivers from holding a cell phone while driving but allows the use of a cell phone as long as it’s mounted properly to a center console or windshield. However, the driver may only use voice control or a single swipe or finger tap to perform actions on the device. Before this law was passed, drivers could still hold their phone while driving if they were using speakerphone or voice control.

All three of these California text and driving laws prohibit certain behaviors while driving and establish penalties for violations. A fourth law that went into effect in 2021 adds an additional penalty for texting and driving in California.” (Source: bermanlawyers.com – posted Dec 15th, 2022)

---

So, how do we comply with the law and, if stopped by law enforcement for a violation, what should we do? Here’s a CHP enforcement letter and an official interpretation of the law that you may want to keep handy.

Addendum:

Mike Dugger – K6AAN
SJ County Deputy Sheriff (Retired)

These laws are subject to the interpretation of individual officers. The CHP letter is the enforcement profile for the CHP and has no binding effect on any other agency as far as how they enforce the law.

I use mobile radio microphones and a Bluetooth mic for my Anytone mobile at will while driving. I do not use handheld radios when driving. The way I read the laws, I am in complete compliance this way.

My advice to anyone stopped and cited for a violation of any of the sections while operating a ham radio: Don’t try to argue the case with the officer on scene. Keep your comments to yourself. Remember, anything you say can be written down and used against you later in court. Be polite and sign the citation when requested. Then take the printed copy of the CHP letter, a printed copy of your amateur license, a photo of the radio in question, and make a court date. Appear in court in decent attire, and argue your case respectfully with the judge.

This is the best way to deal with any traffic violation you are cited for and don’t agree with. Traffic judges in SJ County are primarily interested in maintaining compliance and public safety, not punishment.