FRESNO, CA - Handheld use of electronic device - ILLEGAL

[Good Times]

Just a heads up for those living in Fresno or driving thru the county, YOU CAN NOT USE ANY HANDHELD DEVICE WHILE DRIVING.

CVC 23123

Section 23123, subdivision (a) provides:
A person shall not drive a motor vehicle while using a wireless telephone unless that telephone is specifically designed and configured to allow hands-free listening and talking, and is used in that manner while driving.

Per Superior Court of California Judge W. Kent Hamlin



Our review of the statute‟s plain language leads us to conclude that the primary evil sought to be avoided is the distraction the driver faces when using his or her hands to operate the phone. That distraction would be present whether the wireless telephone was being used as a telephone, a GPS navigator, a clock or a device for sending and receiving text messages and emails. But to the extent the language of the statute may be otherwise interpreted, the court must resolve any ambiguity.


Full brief in the attachment.

Be safe out there... you know distracted driving regardless of what device, item, FOOD or anything else can and will hurt yourself and others eventually. Don't play the odds... be safe out there

:)

[Seanz0rz]

Don't forget it is illegal to use a map on a smartphone: http://www.informationweek.com/government/policy/smartphone-maps-while-driving-banned-in/240152443

I believe this only applies to hand held smart phones. If it is mounted to the dash it is "hands free"

what a joke...

[Good Times]

so a big slurpee is ok eh?

[Seanz0rz]

It better be!


Everyone is cracking down big on distracted driving. Some of that is good, but I feel like most of it will be a waste of time and resources. Everyone will be on best behavior for the crackdown days and then go back to texting, eating, reading, sleeping, playing canasta, rolling enchiladas, or whatever it is they do when they are behind the wheel.

[arjan]

Last week there was a thing in the news about people dozing off while driving.

First you're not allowed to do anything, then they wonder why people are dozing off.

I agree with cell phone bans with in city limits, but I don't see much of a problem in outlying areas.

[arjan]

Last week there was a thing in the news about people dozing off while driving.

First you're not allowed to do anything, then they wonder why people are dozing off.

I agree with cell phone bans with in city limits, but I don't see much of a problem in outlying areas.

[paddlenbike]

Is it true that 2 way communication devices are okay, such as a CB radio?

I take a bus home from work everyday and while I stare out the windows at drivers on the freeway, I notice that probably 1/3rd are texting. Beyond that, I can't believe how long they keep their eyes off the road. For that reason, I'm glad my daily commute involves something 38' long and weighing 45,000 pounds, because I know it's a matter of time before I get rear-ended from someone texting.

[Seanz0rz]

I'm not sure on the radio thing, but I have been on my CB next to plenty of officers over the years, never been a problem.

[4x4mike]

"2-way" radios are exempt. This was a topic a couple years ago when the January 1 laws for that year went into effect. I posted on Expo about it, not sure if I started the thread or just replied, but i believe I linked the DMV ruling.

[4x4mike]

BTW my enchilada rolling is no where near as distracting as my fajita making or my on board Jenga playing.

[Seanz0rz]

I was making a Shepard's pie once going down the I-10 into LA. Nearly took out a family in a Suburban! Worst part was I got distracted and didn't mash the potatoes all the way!


In all seriousness, people need to stop screwing around and drive...

I figured a 2-way would be ok, considering how truckers, cabs, bus drivers, and other businesses rely on them so heavily.

[4x4mike]

It looks like the post I was talking about on Expo was a Push to Talk law and an expiring Senate Bill. Some of this is interesting.

After a quick google it seems like there shouldn't be an issue because the law refers to a radio using a wireless telephone. It also mentions "digital 2-way radio service" and the fact you don't have to put the device up to your ear. Other than the ear part a mic is no different than a 2-way PTT but I'm glad there doesn't seem to be a gray area.

Anyways, just thought this was interesting.

ftp://leginfo.public.ca.gov/pub/05-0...mended_asm.pdf

More:
Google find: http://dmv.ca.gov/pubs/vctop/d11/vc23123.htm

(e) This section does not apply to a person when using a digital two-way radio that utilizes a wireless telephone that operates by depressing a push-to-talk feature and does not require immediate proximity to the ear of the user, and the person is driving one of the following vehicles:

(1) (A) A motor truck, as defined in Section 410, or a truck tractor, as defined in Section 655, that requires either a commercial class A or class B driver’s license to operate.

(B) The exemption under subparagraph (A) does not apply to a person driving a pickup truck, as defined in Section 471.

(2) An implement of husbandry that is listed or described in Chapter 1 (commencing with Section 36000) of Division 16.

(3) A farm vehicle that is exempt from registration and displays an identification plate as specified in Section 5014 and is listed in Section 36101.

(4) A commercial vehicle, as defined in Section 260, that is registered to a farmer and driven by the farmer or an employee of the farmer, and is used in conducting commercial agricultural operations, including, but not limited to, transporting agricultural products, farm machinery, or farm supplies to, or from, a farm.

(5) A tow truck, as defined in Section 615.

(f) This section does not apply to a person driving a schoolbus or transit vehicle that is subject to Section 23125.

(g) This section does not apply to a person while driving a motor vehicle on private property.

(h) This section shall become operative on July 1, 2008, and shall remain in effect only until July 1, 2011, and, as of July 1, 2011, is repealed.


I've talked with HAM operators in Nevada and they say that CB and HAM radio use is prohibited while driving with the exception of emergencies. This applies for licensed radio operators as well.

[Seanz0rz]

good to know about Nevada. Ultimately, I don't see it being a problem unless you find a LEO who really wants to pull you over for a CB or ham mic.

[4x4mike]

Last night on the Amateur Radio Newsline there was some talk about Hawaii and it's distracted driving law. Seems like they lost Federal funding, last year or for this year, because it didn't have a hands free law (in terms of cell phones, etc). They scrambled to write one and right away the amateur radio groups were putting in their requests for an exemption and it is expected to pass.

It looks like the last state is the one to be last in the books.

http://www.arnewsline.org/

http://www.qsl.net/ah6rh/am-radio/cellular-phone-ordinance.html

"The bill has exemptions for the use of amateur radio and Part 90 Land Mobile radios in the course of the person's work. Amateur radio operators are encouraged to submit testimony in favor of the exemption for amateur radio."