Weekly Tip - April is Distracted Driving Awareness Month

WORKING TOGETHER TO STOP DISTRACTED DRIVING

April is recognized as National Distracted Driving Awareness Month.  In California, the Office of Traffic Safety (OTS), the Arcadia Police Department, CHP, local law enforcement, and community partners throughout the state are working together to make the roads safer by highlighting the dangers of being distracted while driving, especially by cell phones.

“Law enforcement would rather see everyone off their cell phones than hand out a lot of tickets,” said Rhonda Craft, director of the Office of Traffic Safety.  “Take care of calling, texting, setting your GPS and everything else before you hit the street.”

Lawmakers agree that distracted driving continues to be a growing problem among California’s motorists.  Assembly Bill 1785 went into effect on January 1, requiring all drivers in California to keep their cell phone out of their hands while operating a motor vehicle.  Under the new law, a driver may activate or deactivate a feature or function of the cell phone or wireless communication device by swiping or tapping its screen only if it is properly mounted or not being held in a driver’s hand. Specific information on the new law can be found at www.ots.ca.gov.

The Office of Traffic Safety will begin a new public awareness campaign throughout the state in April emphasizing how the new law makes virtually all hand-held cell phone activity illegal – talking, texting, and using apps The campaign aims to end distracted driving through education and raise awareness about the associated dangers.  The goal is to change motorist behaviors and save lives, not just in the month of April but year-round. 

The National Highway Traffic Safety Administration (NHTSA) reports that 3,477 people were killed and an estimated 391,000 injured in motor vehicle collisions involving distracted drivers in 2015. That is a 9 percent increase in fatalities as compared to the previous year.

The Arcadia Police Department will join other law enforcement agencies throughout the state to provide educational experiences as well as zero tolerance enforcement efforts to discourage distracted driving.  Officers will have a special emphasis this month on enforcing all cell phone and distracted driving laws. The goal is to gain voluntary compliance by drivers, but sometimes citations are necessary for motorists to better understand the importance of driving distraction free.

Throughout the month of April, the Arcadia Police Department will be deploying extra traffic officers, with grant-funded resources, for the purpose of distracted driving enforcement. Violators will be stopped and cited with fines set at $162 for first time offenders.  This campaign is funded by a grant from the California Office of Traffic Safety, through the National Highway Traffic Safety Administration.

Weekly Tip - Explaining California's New Cell Phone Laws

California Vehicle Code Section 23123.5.

(a) A person shall not drive a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless the wireless telephone or electronic wireless communications device is specifically designed and configured to allow voice-operated and hands-free operation, and it is used in that manner while driving.

EXPLANATION - While driving, you cannot use a cell phone or similar electronic communications device while holding it in your hand. If the device is used in a hands-free manner, such as speaker phone or voice commands, that is legal, but never while holding it.

(b) This section shall not apply to manufacturer-installed systems that are embedded in the vehicle.

EXPLANATION – Using communication systems built into the vehicle by the manufacturer is legal.

(c) A handheld wireless telephone or electronic wireless communications device may be operated in a manner requiring the use of the driver’s hand while the driver is operating the vehicle only if both of the following conditions are satisfied:

EXPLANATION - Here are circumstances that make it legal to touch a cell phone while driving:

(1) The handheld wireless telephone or electronic wireless communications device is mounted on a vehicle’s windshield in the same manner a portable Global Positioning System (GPS) is mounted pursuant to paragraph (12) of subdivision (b) of Section 26708 or is mounted on or affixed to a vehicle’s dashboard or center console in a manner that does not hinder the driver’s view of the road.

EXPLANATION - The phone or device is placed in a mount attached either on the dashboard, center console, or a seven-inch square section in the lower corner of the windshield farthest removed from the driver, or in a five-inch square section in the lower corner of the windshield nearest the driver. The mounting or device placement cannot hinder the driver’s view.

(2) The driver’s hand is used to activate or deactivate a feature or function of the handheld wireless telephone or wireless communications device with the motion of a single swipe or tap of the driver’s finger.

EXPLANATION - While driving you can single swipe or tap the screen while it is in the mount in order to activate or deactivate a feature or function. This is not meant to allow multiple taps or swipes such as texting or scrolling.

(d) 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.

EXPLANATION - After fees and penalty assessments are added the stated base fine, the ticket will actually cost at least $162 for the first offense and at least $208 for the second offense.

(e) This section does not apply to an emergency services professional using an electronic wireless communications device while operating an authorized emergency vehicle, as defined in Section 165, in the course and scope of his or her duties.

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

Thanks to Corporal A. Bostrom, Pomona Police Department, for taking the time to prepare this handy quide!