On July one particular, 2008, police officers will begin citing drivers for using cordless cell phones that do not handle “hands-free, ” driving many California drivers to get familiar with new telephone engineering. Businesses, particularly companies that employ young people, will have to adopt new policies for their employees who drive automobiles. Violating drivers will not only be asked to pay fines but might be held responsible to pay damages to the people injured in automobile accidents, no matter the actual fault.
Governor Schwarzenegger signed the new “hands-free” cell phone law in Sept of 2006. Its efficient date was delayed in order to July 1 of 08 to give California drivers time for you to become aware of the law and plan the change. Still, a lot of Californians are expected to wait until the last moment before buying along with learning how to use “hands-free” telephone equipment. Similarly, many companies may delay adopting a firm policy regarding this new protection law.
The Law
Sections 23123 and 23124 of the FLORIDA VEHICLE CODE prohibit owners from using a wireless cell phone while operating a motor vehicle until the driver uses a cell phone that is designed and configured to be “hands-free. ” Owners who violate the law can face a $20 excellent for the first violation plus a $50 fine for each time period thereafter. Drivers are allowed to work with a wireless telephone for urgent situation purposes.
Drivers of selected commercial trucks and village vehicles may use push-to-talk phones used merely until July 1, right before Christmas. Emergency response vehicle owners are exempt from these rules. The law also forbids adolescents under the age of 18 from using any mobile gadget (including a pager or even a texting phone) while travelling. California is not breaking brand new ground with this “hands-free” cell phone law. Connecticut, Nj-new jersey and New York have passed similar laws in response to the actual growing use of cell phones in vehicles and accidents including drivers’ cell phone distractions.
Dangers and Penalties
The new legislation does not allow a peacefulness officer to stop a car owner under age 18 just to check if they are using a cellular device. However, a peacefulness officer may stop a grownup driver for no other cause than suspecting that the car owner may be violating the law – even if the driver is else driving safely. This low tolerance reason is significant simply because when a driver is halted, the peace officer talks with the driver and can take notice of the driver, other persons along with objects in the car. Whether deemed good or bad, the quest for other purposes will be more offered to law enforcement if a driver is usually suspected of violating the modern cell phone law.
Drivers who have to violate the cell phone rules and are in an accident can be seen as much more than a $20 excellent. If they are on the job at the time of typically the accident, their employer might also be exposed. This is because of the long-established legal principle of “negligence per se. ” Lawyers employ this principle as a shortcut to ascertain liability and win damage for injured persons within accidents. “Negligence per se” means that if a driver is actually illegally using a cell phone whenever an accident occurs, even if or else driving well, he or she is more likely to be found responsible for the incident.
This is because the cell phone legislation is a safety law made to eliminate distractions and therefore prevent accidents. Depending on the magnitude of the injuries, this economical risk could be very substantive. If the cited driver possesses violated the cell phone rules before, significant punitive damage may also apply. If the breaking driver was on the job, their very own employer may be held trusted as well. A wave involving civil litigation is supposed to follow the new cell phone rules when it becomes effective about July 1.
What You Can Do.
Persons: It would be smart to purchase cell phones and/or devices that will allow you to comply with the new cell phone rules now. “Hands-free” cellphone technology has advanced drastically and entrepreneurial companies view the opportunity to help Californians in order to comply with this new law. Despite “user-friendly” cell phones as well as cell phone devices, getting acquainted with any new piece of equipment requires some time before it becomes “second nature. ” The new technologies are easy to use, but avoid waiting until July 1 to check on it out. Give yourself a short amount of time to make a good decision as to what product to purchase and to get the hang of how it works.
Businesses: Due to the risk to employers, companies should adopt a policy prior to July 1, 2008, that needs strict compliance with the brand new “hands-free” cell phone legislation by all employees. For some employers, the best policy requires you to instruct their employees not to ever use cell phones while operating and to let incoming cell phone calls go to voicemail to go back outside of the car in a harmless area.
If your business troubles cell phones to its personnel, or necessarily requires the application of a cell phone by their employees, make sure that the cellphones can be used “hands-free. very well Note that a cell phone that features a speaker phone function merely will not comply with the law. Recruiters who hire employees under age 18 should outlaw, proscribe, and interdict their use of a cellphone in a car. These directions should be in writing and be recognized by each employee. Companies should not tolerate any leaving from the company policy.
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