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New Ca. Law Question for Carl

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outonbail

Senior Member
Carl, I had a question concerning the new cell phone law.

Last month we issued our tow truck drivers those next tell walkie talkie type cell phones. I imagine your familiar with them, but they can be used like a regular cell phone as well as a HT, or two way type of radio. We also have the radios that work off the repeater, but here's my concern.

If these guys use their phones in walkie talkie mode, while driving, would this be a violation of the new law? How will your department look at this?

It seems to me that it might fall into a gray area but I'd like some clarification on this if you have any insight as to how this will be dealt with.

Also, as far as I'm aware, the two way radios do not fall under this new law correct?

Thanks for any input you can give meWhat is the name of your state (only U.S. law)?
 


Zigner

Senior Member, Non-Attorney
http://www.dmv.ca.gov/cellularphonelaws/index.htm

http://info.sen.ca.gov/pub/05-06/bill/sen/sb_1601-1650/sb_1613_bill_20060915_chaptered.html
 

outonbail

Senior Member
Thanks zinger, I guess were OK. This is what I heard, just wanted to be sure.

This law does seem to be lacking common sense in some areas though. Since it is not specifically illegal to do text messaging I'll bet that practice gets much more action. I would think that texting someone is more of a distraction that speaking to them on a hand held cell phone.

Just from personal experience using a cell in my car, I'm most distracted when looking in the address book for a number to dial or trying to return a text message to someone. Apparently, neither of these two dangerous practices are illegal under the new law.

I can't say that the law isn't a step in the right direction as I know of several accidents which resulted from a driver being distracted by their phone.
There were two young children killed on the freeway last year about 50 yards from our office, when a motorist was reaching down to retrieve his cell phone off the floorboard of his truck. He did this in a turn and then came up on stopped traffic while he was reaching down for the phone. The guy was going about 75 mph and never even touched his brake pedal. When I heard the noise from the impact I knew it was bad. No screeching of tires before the impact is never a good sign.

He hit a van that was at a dead stop with an entire family in it, sent them up into the air, went under the now airborne van and hit the truck in front of the van sending that driver to the hospital as well. It was a real horrific accident. They had the freeway closed for about four or five hours on the Friday before memorial day weekend and everyone from all three vehicles was rushed to the hospital, accept for one 12 year old child who expired on scene. Her 8 year old sister died en route to the emergency room. A really sad accident all the way around.

Amazingly, the CHP did not file charges on the driver of the vehicle, who caused the whole mess when reaching for his phone.....

Again, thanks for the links,,,,
 

CdwJava

Senior Member
Sorry ... on vacation and not at my computer much, and I won't be at it at until (after tonight) late July 6th or sometime after July 10th.

So far, the actual rate of cell phones involved as a factor in injury or fatal collisions seems to be statistically small ... one report I read was that the numbers were so small, that their impact on collisions was "inconclusive".

For several years we have been required to document the use and lack of use of cell phone in all injury and fatal collisions. I have yet to EVER have to put that down. In other words, I have yet to EVER run into a crash where the cell phone is a factor.

However, from personal experience, I do agree that using a cell phone can be a huge distraction and should be avoided by any and all drivers.

- Carl
 

outonbail

Senior Member
So basically what you're saying is, you don't make them, you just enforce them! ;)

Even the accident I mentioned wouldn't have been prevented by the new law, as the driver wasn't talking on the phone, he was reaching down on the floor board for it.

So it could have just as well been a pack of cigarettes, a map, a CD etc. etc.

Thanks for your input Carl.....
 

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