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Californians have become accustomed to using their cell phones day in, day out and in the car. But come July 1, 2008, we'll all have to put the phone down when driving. The California Wireless Telephone Automobile Safety Act (S.B. 1613),
signed into law by Gov. Schwarzenegger, will make it illegal to drive a motor vehicle while using a wireless phone unless a hands-free device is used.
For safety and liability reasons, employers will need to ensure that workers who drive on the job follow the new rules. The law will take effect in two months. If you have not addressed this with your employees or developed a
policy for your handbook before now, don't wait another week or month. Do It Now!
New Restrictions on Cell Phone Use
Under the new law, it will be illegal to drive a motor vehicle while using a wireless telephone unless the phone is configured to allow hands-free listening and talking and is used in that manner while driving. Violations carry a fine of
$20 for the first offense and $50 for subsequent offenses.
The law contains some exceptions, as follows:
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Emergency use.
The hands-free mandate doesn't apply if a phone is being used for emergency purposes. This includes making an emergency call to law enforcement, the fire department, a health provider, or other emergency services.
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Emergency personnel.
The law exempts emergency services professionals who must use a wireless phone while driving an emergency vehicle in the course of their duties.
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School bus drivers.
The law doesn't apply to school bus drivers or drivers of public transit vehicles. However, another section of the California Vehicle Code prohibits wireless phone use by these drivers unless for work or emergency purposes.
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Driving on private property.
The law doesn't apply to a person who is driving on private property.
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Two-way radios in trucks.
The law doesn't apply to the use of a digital two-way radio that uses a wireless phone as long as the device is operated by depressing a push-to-talk button, doesn't require immediate proximity to the user's ear, and the person is driving
one of these vehicles: tow trucks; motor trucks (designed for transporting property) or truck tractors requiring either a class A or B driver's license (but the exemption doesn't apply to pick-up trucks); vehicles used exclusively for
agricultural operations; certain farm vehicles that are exempt from registration and that display a special identification plate; commercial vehicles registered to a farmer and driven by the farmer or the farmer's employee and transporting
agricultural products, farm machinery, or farm supplies, to or from a farm. This two-way radio exemption expires in 2011. Go Hands-Free Now
If you have employees who drive as part of their jobs and frequently need to make business calls while on the road, make sure they have a hands-free device by the time the law goes into effect in 2008. Also, keep in mind that
several other states have similar restrictions on the use of handheld mobile phones while driving. So if your employees work out of state, check the laws there to be sure you're in compliance.
In addition, for safety and liability reasons, it is important to encourage employees to avoid using their cell phones for business while driving, whether they're using a hands-free device or not. Phone conversations while driving
can cause big distractions, which can lead to tragic accidents. And if the call that caused the distraction was work-related, the employer and the employee who caused the accident could wind up embroiled in an expensive lawsuit with an
injured third party. Thus, it's a good idea to have a written cell phone policy outlining when cell phone use is and isn't permissible. You can require employees to sign an acknowledgement that they have received and read it.
If employees must use cell phones while in their cars, the following safety guidelines should be followed:
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Use a hands-free phone.
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Dial only while the car is stopped.
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Never use the phone in heavy traffic or bad weather.
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Use speed dialing whenever possible.
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Never look up phone numbers while driving.
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Let voicemail answer calls that come in while driving.
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Never have stressful conversations while driving.
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Keep your eyes on the road while on the phone.
© Employer Resource Institute
While this article addresses California law, it is becoming an issue addressed by other states as well:
5 states (California, Connecticut, New Jersey, New York and Washington), the District of Columbia and the Virgin Islands have enacted jurisdiction-wide cell phone laws prohibiting driving while talking on handheld cell phones. With the
exception of Washington State, these laws are all primary enforcement meaning an officer may ticket a driver for using a handheld cell phone while driving without any other traffic offense taking place.
17 states and the District of Columbia have special cell phone driving laws for novice drivers.
School bus drivers in 15 states and the District of Columbia are prohibited from all cell phone use when passengers are present, except for in emergencies.
Washington and New Jersey are the only states to ban text messaging for all drivers, but other states are expected to follow suit.
If you haven't developed your cell phone policy yet, contact us. We will be glad to assist you. HR Help Desk (tm) subscribers may contact us for a sample policy at no charge.
Answers to April Quiz:
Correct Answer: A - An expired or unexpired passport may be presented as a single document to satisfy requirements of the I-9. Refer to the back of the form for documents under List "A".
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