Now that the state budget stalemate has finally ended, Governor Schwarzenegger has gotten back to the work of signing bills sent to him by the legislature, and his last day to do so was September 30.
One of the first bills penned into law expands the existing ban on driving while using a cell phone without a hands-free device to now prohibit texting, e-mailing, and instant messaging while driving. The law, S.B. 28, goes into effect on Jan. 1, 2009, and imposes a $20 fine for the first offense and $50 for subsequent violations.
The new law makes it an infraction to drive a motor vehicle while using an electronic wireless communications device to write, send, or read a text message. This covers any use of an electronic wireless communications device to manually communicate with any person using a text-based communication, such as text messages, instant messages, or e-mail. “Electronic wireless communications device” is a broad term that includes BlackBerries, iPhones, iPod Touch devices, pagers, cell phones, laptop computers, and the like.
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There’s a key exception to the ban, however: A person won’t be deemed to be “writing, reading, or sending a text-based communication” if he or she is simply reading, selecting, or entering a phone number or name in a device in order to make or receive a phone call. Also, the new law doesn’t apply to emergency services personnel operating an authorized emergency vehicle in the course of their job duties. Note that the exceptions under this new law are narrower than under the existing ban on using cell phones while driving.
Keep in mind that as of July 1, 2008, teens under age 18 are already under a broad ban against driving while using a cell phone (even with a hands-free device) or any mobile service device.
For more on the existing restrictions, check out our articles in the November 2006 and November 2007 issues of the California Employer Advisor.
If you have employees who drive as part of their jobs, make sure they’ve got a hands-free device and are aware of the new prohibition on texting, e-mailing, and instant messaging. You may also want to take safety to the next step—beyond what the law strictly requires—by encouraging employees to avoid using their cell phones for business or personal reasons while driving, whether they’re using a hands-free device or not. Phone conversations or the use of other electronic devices while driving can cause big distractions, which can lead to tragic accidents. And if the call that caused the distraction occurred while the employee was working, you and the employee could wind up embroiled in an expensive lawsuit with an injured third party.
To ensure compliance with the new law—and the safety of your employees and others—it’s a good idea to have a written policy outlining when the use of cell phones and electronic wireless communication devices is and isn’t permissible. You can require employees to sign an acknowledgement that they have received and read the policy.
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