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Old 09-19-2006, 04:34 PM   #1 (permalink)
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Default New Calif Hands Free Law

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SB 1613, Simitian. Vehicles: wireless telephones.
Under existing law, motor vehicle operation is regulated, and drivers
must follow many legal requirements or face criminal sanctions. Under
existing law, it is a crime for a person to drive a schoolbus or transit
vehicle while using a wireless telephone, except for certain work-related or
emergency purposes.
This bill would make it an infraction, operative July 1, 2008, to drive a
motor vehicle while using a wireless telephone, unless that telephone is
designed and configured to allow hands-free listening and talking
operation, and is used in that manner while driving. This offense would be
punishable by a base fine of $20 for a first offense and $50 for each
subsequent offense.
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 bill also would prohibit the assignment of a violation point
for a violation of the above.
The bill, until July 1, 2011, also would provide that this prohibition does
not apply to a person when using a digital 2-way radio service 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 that
person is driving a motor truck or truck tractor, as respectively defined, a
listed or described implement of husbandry, a listed farm vehicle, a tow
truck, or a commercial vehicle, as defined, used in commercial agricultural
operations.
The bill would specify that these provisions do not apply to a person
driving a schoolbus or transit vehicle that is subject to certain existing
wireless telephone usage restrictions, and would specify that the
restrictions contained in this bill do not apply to a person while driving a
motor vehicle on private property.
By creating a new infraction, this bill would impose a state-mandated
local program.

Actual provision


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.
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Old 09-19-2006, 04:46 PM   #2 (permalink)
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I knew that Cali wasnxxx8217;t far behind the other states that currently have this law.

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Old 09-19-2006, 05:27 PM   #3 (permalink)
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I am very happy about this law. I am sick of almost getting a wreck daily due to someone talking on their phone and not paying attention. I mean a simple ear bud headset is what, 10 bucks.
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Old 09-19-2006, 05:41 PM   #4 (permalink)
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So cal drivers are just nuts. I grew up in LA and when I go back I am amazed at the difference now if driving habits.
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Old 09-19-2006, 06:52 PM   #5 (permalink)
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Cell phones aren't the problem here, although they seem an easy scapegoat.

Everything from checking your mirrors to changing the radio can distract a driver's focus long enough to create a dangerous situation, although I could hardly imagine anyone want to pass law forbidding the use of rear-view mirrors, much less our beloved stereos!
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Old 09-20-2006, 07:34 AM   #6 (permalink)
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I agree. Just like airlines banning everything but the actual person, this is just scratching the surface. At the root of the problem are just bad drivers.

This is also the same state that has now banned smoking in a car with an infant. What next?

I would propose highway lanes divided either by driving skill or inteligence. Let the dummies crash into one another and permit me to drive to work in style.
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Old 09-20-2006, 07:48 AM   #7 (permalink)
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What's wrong with banning smoking in a car with an infant? Makes sense to me...

I'm ashamed to say I am a chronic blackberry user in the car. I have no idea what the local laws are regarding typing/texting but if there is one prohibiting it, I break it every day....sorry
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Old 09-20-2006, 10:42 AM   #8 (permalink)
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Try to stop me texting in my car, there is a fine art to driving and blackberrying at the same time
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Old 09-20-2006, 10:53 AM   #9 (permalink)
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Some parts of NC are already on that bandwagon
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Old 09-20-2006, 01:15 PM   #10 (permalink)
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Default Smoking in a Car

I really don't have a problem with a law the bans smoking in a car espically around infants but why stop there? Why not for kids of any age? Or when driving with anyone else? When does it end? Why not ban it from people's homes.

It's just a lame law that can't be enforced and steps all over people's right to choose.

Maybe california should focus on the bigger picture/problems like their budget, ecoli/spinach, power/water, homeless, wages, etc.

I'm totally amazed by the wasted resources being spent on HP's board thing. While things are against the law, a cost benefit analysis should be done to see if it's worth taking on the case at a high level. Otherwise, kick it down to the locals and let Sacramento deal with bigger problems.

What will be the net-effect of pushing HP around and dragging them through some court case. They will eventually hurt HP's rep. which will result in less sales and lower tax revenue for the state (HP is based in CA).

It just seems stupid to me.
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Old 09-20-2006, 05:04 PM   #11 (permalink)
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Quote:
Originally Posted by firsty
I'm totally amazed by the wasted resources being spent on HP's board thing. While things are against the law, a cost benefit analysis should be done to see if it's worth taking on the case at a high level. Otherwise, kick it down to the locals and let Sacramento deal with bigger problems.
Cost benefit analyses completely ignore the rights of the people. Let's say we want to build a highway over your house, it would clearly be cheaper if we took your land and didn't pay you a cent. Or how about you got cancer, it would be best for society if they took you out back and shot you, rather than pay for healthcare.
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Old 09-20-2006, 05:12 PM   #12 (permalink)
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It's about time.. I freakin hate it when i'm driving and there's a slow*ss driver infront of me and when I pass by them I see them on their cellphone..
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Old 09-20-2006, 07:55 PM   #13 (permalink)
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Let me first provide a pre-text: I am a Republican and thus fairly conservative. I am a smoker/ex-smoker, I have three young children, and I talk on the cell phone while driving (with & without a hands free device)...

Now onto the text: I am in NY, no, not the city, not EVERYONE lives in the city, but Upstate. We enacted a law over a year ago which is similar, if not identical to the one outlined above for CA. I do agree that there are people who clearly cannot, and therefore should not, drive and talk on the phone.

As mentioned in earlier posts, this clearly isn't the only ridiculous thing people do while operating a motor vehicle. The list is endless. The issue I have is that we actually need laws to tell people what is and what ISN'T safe. I mean WTF... smoking in the car with an infant? Obviously there is something more generally wrong with a person who does this sort of thing.

I liken laws such as this one, to making it a law that your kid must wear a bicycle helmet. These laws only make what is obvious to a normal person, legally mandated for another.

There will always be people who can get distracted easily while driving. These same people will be distracted by a phone conversation in general, hands-free or otherwise.

There will always be individuals who don't understand why smoking in a confined space with an infant is wrong. Society calls these people idiots, results of bad parenting or just plain ol' inbreeding. No law can fix what's wrong with these folks, it just inconveniencesxxx8217; the rest of us in so many ways.

So I say, put them all on a bus, tell them there's candy where they're going, and drive it off the edge of a cliff!

my .02



p.s. I think what the head of HP's board did was completely warrented! We should allow terminally ill patients to get a prescription for assisted suicide. There are already laws (eminent domain) which allow a town, state, or government to take your property without a legal leg for you to stand on provided it is in the best interest of that governing body and the people it governs.

another .02
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Old 09-20-2006, 09:07 PM   #14 (permalink)
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Quote:
Originally Posted by flash24
It's about time.. I freakin hate it when i'm driving and there's a slow*ss driver infront of me and when I pass by them I see them on their cellphone..
yes, this pisses me off the most.. especially when I'm almost late for work.
 
Old 09-20-2006, 09:16 PM   #15 (permalink)
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Wow cool. I woke some people up. I love it when California provokes a controversy, about as often as someone drinks coffee.
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Old 09-21-2006, 08:10 AM   #16 (permalink)
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Quote:
Originally Posted by BES admin
As mentioned in earlier posts, this clearly isn't the only ridiculous thing people do while operating a motor vehicle. The list is endless. The issue I have is that we actually need laws to tell people what is and what ISN'T safe. I mean WTF... smoking in the car with an infant? Obviously there is something more generally wrong with a person who does this sort of thing.
In an ideal world, each citizen would take personal responsibility for his or her actions. Clearly (if you haven't lived under a rock for the past few decadesm, anyway) Americans can't handle personal responsibility. What else can we expect?

I can also understand why cops would prefer a law like this one. It helps to provide a clear-cut/black-and-white situation when it comes to enforcement. Ideally, they'd just ticket people for reckless driving regardless of the cause. However, it's much easier for them to write out tickets for speeding and other cases where there's a very clear and measurable definition of the offense (i.e. "above XX mph", "talking on cell phone without headset", etc).
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Old 09-21-2006, 08:44 AM   #17 (permalink)
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If they outlaw cell phones, they should outlaw eating while driving. hey should also ban police officers from using their laptop while driving. Just last week I was behind a police officer who was using his laptop and he hit the curb and blew out both GoodYear Eagles!
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Old 09-21-2006, 10:20 AM   #18 (permalink)
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Quote:
Originally Posted by takeshi
Ideally, they'd just ticket people for reckless driving regardless of the cause.
I think we have a winner here. That's what /should/ happen. (but doesn't).
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Old 09-21-2006, 10:23 AM   #19 (permalink)
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lets ban all technology.

Also, lets ban XM radio, FM radio, CB radio.
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Old 09-21-2006, 01:32 PM   #20 (permalink)
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I work on a military installation and this has been in effect for quite some time.....I guess I just got used to it.
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