The pizza delivery driver who calls his supervisor for directions to a customer's house; the busy executive who catches up on business calls during her commute; the sales representative who calls ahead to his next account to say he's running late. What do all of these people have in common? Unless they're using cell phones equipped with hands-free devices, they'll soon all be liable for up to $50 in fines.
Starting July 1, 2008, no one in California may use a cell phone while driving unless the phone is equipped with a "hands free device." An acceptable "hands free" device is a headset or earpiece (only covering one ear), or the phone's speakerphone function. The cell phone ban is even more stringent for minors: drivers under the age of 18 may not use cell phones at all, for either voice or text-messaging purposes.
For all drivers, there are some exceptions to the ban. Drivers may use handheld cell phones to call 911, drivers of emergency vehicles may use handheld phones in the course of their employment and drivers of some commercial and farm vehicles may use two-way radios with "push to talk" technology. This law does not specifically address whether drivers can dial their phones while driving. Moreover, the law does not specifically prevent adult drivers from text-messaging while driving, or from sending e-mails over devices like Blackberries.
However, the California DMV states on its Web site that text messaging while driving is distracting and unsafe at any speed, and reminds drivers that a police officer can pull over drivers anytime they are, in the officer's opinion, "distracted." Indeed the findings and declarations contained in the legislation speak to the safety implications and concerns related to the use of wireless telephones while driving and the need to establish uniform safety guidelines. In light of the findings, the argument could be made that the act of dialing a number is just as dangerous as using the telephone without the benefit of a hands-free device. Conversely, the argument could be made that by leaving out the act of dialing, the legislature expressly intended to exclude dialing from the hands-free requirement.
Violators will be fined $20 for the first infraction and $50 for each subsequent infraction, although the DMV will not assign a point to the records of drivers cited under this law.
Why Enact the Ban?
With this ban, California has joined Connecticut, New Jersey, New York, Washington and the District of Columbia in enacting some of the most stringent cell phone restrictions in the country. According to Sen. Joe Simitian, D-Palo Alto, the bill's sponsor, the handheld cell phone ban is a clear means of preventing car accidents. In fact, a study by the California Highway Patrol showed that in 2002, there were 491,083 total car crashes. Of those, 5,677 were a result of "driver inattention," and cell phones were a factor in 611 - or a little over 10 percent of the total "driver inattention" accidents. Moreover, the New England Journal of Medicine found that drivers are four times as likely to have an accident while using a cell phone. Sen. Simitian, told the San Francisco Chronicle, the use of hand-free technology significantly reduces the likelihood of an accident: "We've got this readily available technology that costs next to nothing and that saves lives. My argument has been, why not use it?"
What should Employers do?
In light of this new law, you should consider several changes to your company's cell phone policy. First, inform all employees that as of July 1, they may not use handheld phones while driving. Next, update your employee handbooks to reflect the handheld cell phone ban. If you provide cell phones to your employees, consider purchasing headsets for use while driving. Several options are available: a very popular choice is the wireless Bluetooth headset, or a sun visor-mounted Bluetooth speakerphone. However, some older phones aren't equipped with Bluetooth technology; for those, employees will have to rely on either a wired headset or their phone's speakerphone function. At a minimum, put a warning sticker on all company-provided phones stating that their use while driving is dangerous and against the law if not used in conjunction with a wireless headset.
Look Boss, No Hands!
Employers are generally expected to provide all tools necessary for employees to perform their jobs. Although it may be costly to purchase headsets for all employees who regularly use cell phones, the investment may prove thrifty in the long run. Naturally, a small expenditure toward employee safety - particularly one endorsed by the state of California - is always a wise investment.