Welcome to California where our democrat/socialist legislature wants to control every aspect of your life …

Here in California, it will be illegal to use hand-held cellphones while driving. Another manifestation of a nanny state – especially in light of the existing laws which permit traffic enforcement officers to cite any motorist for reckless, inattentive or dangerous driving.

There are actually two separate laws …

California Vehicle Code Section 23123  for motorists over 18 years of age…

(a)  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.

(b)  A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(c)  This section does not apply to a person using a wireless telephone for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

California Vehicle Code Section 23124  for motorist under 18 years of age…

(a)  This section applies to a person under the age of 18 years.

(b)   Notwithstanding Section 23123, a person described in subdivision (a) shall not drive a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device.

(c)  A violation of this section is an infraction punishable by a base fine of twenty dollars ($20) for a first offense and fifty dollars ($50) for each subsequent offense.

(d)  A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is violating subdivision (b).

(e) Subdivision (d) does not prohibit a law enforcement officer from stopping a vehicle for a violation of Section 23123.

(f)  This section does not apply to a person using a wireless telephone or a mobile service device for emergency purposes, including, but not limited to, an emergency call to a law enforcement agency, health care provider, fire department, or other emergency services agency or entity.

(g)  For the purposes of this section, “mobile service device” includes, but is not limited to, a broadband personal communication device, specialized mobile radio device, handheld device or laptop computer with mobile data access, pager, and two-way messaging device.

As you can see, the first code section allows drivers to use wireless devices that are “hands free” and the second code section bans drivers under 18 from using any wireless device.

THE LAWS BECOMW EFFECTIVE ON JULY 1, 2008

Beyond the fines …

As with all legislation, there are unintended consequences which may greatly affect your life. Among these consequences:

Increased insurance rates ...

While the California Department of Motor Vehicles (DMV)has ruled that the violation is a reportable offense, the DMV will not assign a violation point. However, the California DMV does not control the rate-setting policies of California insurance companies and these insurance companies can use your driving record to raise your rates.

Criminal and civil consequences …

Should you be involved in an accident, even though you were not at fault, you may be found guilty of causing or contributing to the accident as evidenced by your violation of the law.

Check your insurance policy carefully, this law may invalidate your coverage for an accident which may have occurred while you were in violation of this law.

Check you rental car insurance policies as they may disallow coverage if the rental vehicle was damaged or involved in an accident while your were using your regular cellular phone.

And, heaven forbid, the accident involves a fatality, it is possible that you may be charged with a more serious offense such as manslaughter as your conduct could be used to illustrate “reckless behavior” which mandates a heavier charge. Or move a misdemeanor charge to a felony.

The mere fact that you were involved in committing a traffic infraction might be enough to sway a jury when determining your guilt and innocence or the amount of any damages awarded to the other party. A review of prosecution records in Los Angeles County tends to indicate a pattern of upcharging traffic cases when there is an indication of negligence.

And, let us not forget the innocent parents of a teenager who causes an accident. This single event could completely destroy the entire family’s finances in one stupid moment.

Following the money …

California’s Governor and democrat-dominated Legislature are not known for doing anything that does not involve special interests, those who contribute mightily to political campaigns or results in increasing the number of potential democrat voters.

Blaming Verizon …

In this case the major special interest behind this legislation appears to be Verizon Wireless, a joint venture of Verizon Communications (55%) and Vodafone Group (45%), which  stands to make millions off the sale of Verizon’s hands-free products.

According to various published reports, this is the second time that Verizon and California Senator Joseph Simitian, a far-left liberal democrat serving his Palo Alto district. The first attempt was in 2003 when it was rebuffed. Verizon has also lobbied for similar legislation in other states: Illinois (2000),  Massachusetts  (2000), New York (2001), Washington, D.C. (2004), New Jersey (2004) and Connecticut in 2005.

According to campaign finance records, Verizon has contributed at least the following amounts to Simitian:

• 06/29/05 - $1000
• 10/22/06 - $700
• 10/22/06 - $300
• 07/14/05 - $1000

And according to San Francisco Chronicle’s SFGate.com, “Only one cell phone company, Sprint Nextel, was opposed to the bill. Schwarzenegger had a fundraiser with the cell phone industry earlier this week.”

Perhaps had Sprint Nextel increased their lobbying activities or contributed heavily to Simitian, there might have been an exemption for “push-to-talk” cellphones.

What can YOU do?

First, remember that this bill may be a gentle  push over the edge of the slippery slope of  regulating your behavior while in your private vehicle. Since the legislation only addressed one form of “inattention” while driving, look for other laws to ban eating, drinking, smoking, listening to the radio (with a possible exemption of left-wing National Public Radio), and other such distracting behaviors. I wonder if they are going to insist that mothers driving carpool restrain and gag their children?

When voting, remember the grief that Joseph Simitian has brought down on the California motorist.

When considering new telephone service, remember it was Verizon Wireless that lobbied for this bill and it wasn’t over the safety issue used to sell the restrictive proposition to the public.

As with red-light cameras and similar devices, there is money to be made by the government in making you wrong … even if there were no adverse consequences to your actions. Remember this when voting for elected officials who want to control your life and raise your taxes.

While it may seem like a plausible reason for curtailing your personal liberty, always follow the money and look for the smoking gun.

-- steve

A reminder from OneCitizenSpeaking.com: a large improvement can result from a small change…

The object in life is not to be on the side of the majority, but to escape finding oneself in the ranks of the insane. -- Marcus Aurelius