[CAham] Will new cell-phone law effect mobile ops?

[Harry Marnell]

Brent A. Corbin wrote:
> As I'm sure most of you all are aware, California seems
> to be on the verge of passing a ban on hand-held cell-phone
> use while driving...   I haven't been too bothered by the
> whole thing - of course there are exemptions built in, right???
> ...
> Does anyone happen to know for sure how/if the legislation is
> likely to effect mobile operation?  Do I have to build VOX
> headsets for everything now?  8*)

Hi Brent,

The law has already been passed by the legislature and signed by the governator. 
It affects "wireless telephones" only, and no other radio equipment is included. 
It doesn't go into effect until 7/1/2008 and will automatically be repealed 
(unless extended, of course) on 7/1/2011.  Here's the text from 
http://urlcutter.com/HandsFree  (or 
http://www.leginfo.ca.gov/pub/bill/sen/sb_1601-1650/sb_1613_bill_20060908_enrolled.html )

"Section 23123 is added to the Vehicle Code, to read:
 23123.  (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.

   (b) Notwithstanding subdivision (a) of Section 42001 or any other
provision of law, a violation of this section is an infraction
punishable by a base fine of twenty dollars ($20) for a first offense
and fifty dollars ($50) for each subsequent offense.

   (c) This section does not apply to a person using a wireless
telephone for emergency purposes, including, but not limited to, an
emergency call to a law enforcement agency, health care provider,
fire department, or other emergency services agency or entity.

   (d) This section does not apply to an emergency services
professional using a wireless telephone while operating an authorized
emergency vehicle, as defined in Section 165, in the course and
scope of his or her duties.

   (e) This section does not apply to a person when using a digital
two-way radio that utilizes a wireless telephone that operates by
depressing a push-to-talk feature and does not require immediate
proximity to the ear of the user, and the person is driving one of
the following vehicles:
   (1) (A) A motor truck, as defined in Section 410, or a truck
tractor, as defined in Section 655, that requires either a commercial
class A or class B driver's license to operate.
   (B) The exemption under subparagraph (A) does not apply to a
person driving a pickup truck, as defined in Section 471.
   (2) An implement of husbandry that is listed or described in
Chapter 1 (commencing with Section 36000) of Division 16.
   (3) A farm vehicle that is exempt from registration and displays
an identification plate as specified in Section 5014 and is listed in
Section 36101.
   (4) A commercial vehicle, as defined in Section 260, that is
registered to a farmer and driven by the farmer or an employee of the
farmer, and is used in conducting commercial agricultural
operations, including, but not limited to, transporting agricultural
products, farm machinery, or farm supplies to, or from, a farm.
   (5) A tow truck, as defined in Section 615.

   (f) This section does not apply to a person driving a schoolbus or
transit vehicle that is subject to Section 23125.

   (g) This section does not apply to a person while driving a motor
vehicle on private property.

   (h) This section shall become operative on July 1, 2008, and shall
remain in effect only until July 1, 2011, and, as of July 1, 2011,
is repealed."

Harry / N6URU