Beginning July 1, 2008, drivers in California will be prohibited from using hand-held cell phones while driving. Hands-free devices, such as a Bluetooth or other earpiece, will be legal to use while driving as long as only one ear is covered.
Pursuant to the California Wireless Telephone Automobile Safety Act, a law enforcement officer may issue a minimum $20 fine for the first offense and a $50 fine for a subsequent event. Drivers under 18 may not use cell phones while driving even if a hands-free device is used. There is no grace period, and these laws will apply to out-of-state drivers, even if the individual's home states does not follow similar laws.
The Act permits limited exceptions in the following situations:
This new law raises important issues for employers. If your policies do not already restrict employee use of cell phones while driving, you may wish to adopt a comprehensive policy that addresses cell phone use on the road, including the use of hands-free devices and whether you will provide or reimburse employees for the hands-free devices.
We hope you find this information helpful. Please contact any member of our Employment & Labor Practice Team with questions.
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