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California to Ban Driving While Using a Cell Phone

California's state Assembly has passed a bill that will make it illegal to drive while using a cell phone. The bill now needs to be passed by the Senate to be passed into law. Currently, aside from a provision making it unlawful to rent out a vehicle with cellular radio telephone equipment unless the renter provides instructions on the safe use of the equipment, there is no specific limitation in existing law on the placement or use of wireless telephones in motor vehicles.

This bill would make it an infraction, operative January 1, 2005, to drive a motor vehicle while using a wireless telephone, unless that telephone is designed and configured to allow hands-free operation, and is used in that manner while driving. This offense would be punishable by a fine of not more than US$20 for a first offense and not more than US$50 for each subsequent offense, including all assessments and court costs. The bill would provide that this prohibition does not apply to a person who is using the cellular telephone to contact a law enforcement agency or public safety entity for emergency purposes, or to an emergency services professional while he or she operates an authorized emergency vehicle, as specified.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

Would a fine as small as just US$50 have a sufficient deterrent effect though ?"

Posted to the site on 2nd June 2003

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