Cell Phones/Driving While Talking

[SB 405]

Can anyone tell me if the law is even close to being passed that will make it illegal to operate a moving vehicle while talking on the phone in this state? The one thing that bothers me the most is the person driving on the freeway with the phone in their left hand while making lane changes w/o bothering to signal. I can't think of anything that distracts a person more. Okay maybe the DVD player but people go off to another land when they talk and drive.

[redhead]

Can anyone tell me if the law is even close to being passed that will make it illegal to operate a moving vehicle while talking on the phone in this state? The one thing that bothers me the most is the person driving on the freeway with the phone in their left hand while making lane changes w/o bothering to signal. I can't think of anything that distracts a person more. Okay maybe the DVD player but people go off to another land when they talk and drive.

OK, I am typing this reply from my car, on my cell phone. Can you hang on one sec while I put my coffee down? I will reply then.


:D

[lomotor]

I don't see it going to be law anytime soon. And how would one enforce such a haneous violation. Cell phones do distract and it's been proven that it impairs ones ability (like alcohol) to operate a motor vehicle safely.

[SB 405]

Can anyone tell me if the law is even close to being passed that will make it illegal to operate a moving vehicle while talking on the phone in this state? The one thing that bothers me the most is the person driving on the freeway with the phone in their left hand while making lane changes w/o bothering to signal. I can't think of anything that distracts a person more. Okay maybe the DVD player but people go off to another land when they talk and drive.

OK, I am typing this reply from my car, on my cell phone. Can you hang on one sec while I put my coffee down? I will reply then.


:D

Hey you forgot to use the dashboard as a table while you jot down a phone number.

[SB 405]

I don't see it going to be law anytime soon. And how would one enforce such a haneous violation. Cell phones do distract and it's been proven that it impairs ones ability (like alcohol) to operate a motor vehicle safely.Here's how you enforce it....some guys driftin' from lane to lane you roll up along side and notice the guys talking as if he's sitting in his easy chair at home in his den with a phone glued to his ear,and write him up. You won't catch um'all but a few at a time will do for the time being. I bet all the higher up's in Sac town use them all the time while driving so of course It won't become a law.

[Your Mentor]

I can't wait until we get you on the road SB 405. We need people with you're level of motivation. Just be careful . . .

Okay, let me give you some insight. One of the collateral duties of all headquarters pukes (apparently I came under that epithet while teaching people how to work the road at the Academy) is to analyze pending legislation. The cell phone issue has come up in the past three legislative periods (that I know of). One of the bills was only to initiate a study. This state is so careful about rights that it takes a major crash and loss of life to get action; thank the Democrats (if you're a Democrat, please don't take offense. I had to write dozens and dozens of bill analysis reports and most of the odd ones were from Democratic elected officials). Anyway, everything, up to this point, has been shot down. I've been out of the loop for about a year though. Things could be coming down the pipe that I don't know about. Other states, however have enacted laws prohibiting driving while talking on a cell phone without hands-free operation.

The National Highway Traffic Safety Administration (NHTSA) recently did a study about sleepy drivers and concluded they were as dangerous, from a percentage of death related accidents, as DUI drivers. So I imagine the focus in legislation will be the sleepy driver problem. Right now it is only illegal for commercial drivers to drive while fatigued or ill. No such rule for the general population. We just pull them over and wake them up.

Anyway, who knows where the cell phone issue is going to go. I use a headset religiously in my car and am annoyed when others don't.

[SB 405]

When I drive my cell phone sits in my brief case which is in my trunk because I don't think it's right for me to gripe about something and then contribute the problem. I really enjoy when someone cuts you off w/o a signal and then gives you a dirty look for honking at them...nice! I'm also anti phone while driving because I had a family member seriously injured last July in a vehicle vs. ped accident who ended up spending three months in a hospital because of a woman driving an SUV while yacking away. She tried to say she was not on the phone but we found a witness who stated otherwise. I'm cool with hands free talking because at least you have the use of both hands to take evasive action if necessary.

[Dipmo]

I've been on two ride alongs (I'll never say where) and both of the Officers I rode with used their cell phones at a few points during the shift. I?ve also seen it while driving down the highway.

Not that a CHP Officer compares to the general public in terms of driving ability given the length and intensity of their training behind the wheel, but the term "Lead by example" does come to mind.

[SB 405]

Are you kidding,the Culver City PD where I live must have a surgical procedure done to Officers before being hired that attaches the phone directly to the ear. These guys are on the horn all the time,hell they stop to cite you and won't miss a call.

[dw]

I don't see an anti-cell phone law being difficult to enforce. "I noticed the driver, who appeared to be to solo occupant of the car, had his right hand alongside his right ear. In his hand was a device that appeared to be a cellular telephone. I pulled alongside and saw the driver's lips were moving as if to carry on a conversation." Case closed.

I also always use a headset when driving. If nothing else, I don't like the annoyance of holding a phone. That said, I've been guilty of using a phone on-duty, but I do try to limit its use. Cell phones have become valuable tools for law enforcement, as well as many other professions. Additionally, our Department's geographic boundaries mandate the use of a low-band, single channel radio. (There are other channels, but for the most part a given CHP Area is operating on one frequency). This limits communication between officers and dispatch to essential uses only. Having a cell phone can be a valuable asset to call another officer for a second opinion, saving yourself a trip to the office to speak to a supervisor, etc... You can call witnesses in the field rather than going to an office for follow-up.

I don't want to get into a "cops are better drivers" debate, but we are trained, professional drivers who drive thousands of miles each month. Part of our training and experience deals with divided attention and maintaining control of a vehicle. A cell phone is only one distraction we face on a daily basis. There is the police radio to constantly listen to and occasionally talk on, constantly juggling your attention between driving and other driver's behavior (violations), preparing for what happens when you arrive on-scene or make a stop, accurately operating a RADAR unit, the list goes on. I too get annoyed when I see cops on cell phones, but there are probably greater distractions in a patrol vehicle.

Ultimately, the issue comes down to distractions. Cell phones, make-up, children, reading, shaving, urinating (seriously), tuning the radio, programming the nav system, creating a play list on the iPod, whatever... Clearly, all of these can be done safely -- hundreds of people do each every day. Part of that is luck, and part is skill. When I am distracted while driving, I am aware of the distraction, and that's worth a lot. I increase my following distance (which is already two to three times average), slow my speed, and never consider allowing such distractions in inclimate weather that requires increased attention. I've never found myself having an animated conversation and really don't understand those people who feel the need to gesture (often using their one free hand) to someone on the other end of a cell phone. If you can't separate the conversation from driving, which clearly many can't, don't do both!

[redhead]

Cell phones have become valuable tools for law enforcement, as well as many other professions. Additionally, our Department's geographic boundaries mandate the use of a low-band, single channel radio. (There are other channels, but for the most part a given CHP Area is operating on one frequency). This limits communication between officers and dispatch to essential uses only. Having a cell phone can be a valuable asset to call another officer for a second opinion, saving yourself a trip to the office to speak to a supervisor, etc..

quick thread hi-jack

last ride a long I was on, we stopped a high speed on the way to an accident. We happend to stop right under an overpass, and were in the dead middle under a 6 lane overpass. The radio was not working well at all, and he wanted to call in the plate as it was a dealer plate. Well, next thing I heard sitting in the car was dispatch calling in the calvary since she had not heard back from the officer and he could not hear her at all through the ear piece (major static). Quick call on the cell phone and the other 2 units heading our way were called off. It was pretty funny when he called into the Comm center, the other dispatcher answered and I heard her ask him, are you ok? I guess it spread pretty quick what was happening!!!

[slowfiveoh]

I use my cell phone while driving. Who's angry now? Who wants to throw the first punch?:badgrin: :badgrin:

Hahaha. Just kidding. Look I do talk on the thing while im driving but I do use a handsfree device. I dont know if its from years of operating a Sincgars while wheeling a humvee over a dune, dodging three camels, two kids, and a hacky sack, but my judgement doesnt seem to be impaired. Plus I use speaker phone. Then its just like having the annoyance of a passenger!

Seriously though I would say a damn good size of the population cant drive in the first place, so why hand them another distracting device. I will say out of all the people that have cut me off lately (it must be my week or something I mean good God) almost every single one had a cell phone planted to their ear, or between their shoulder and their head. The latter being the most dangerous,"Oh look to merge? Nah im good because im talking to uncle jackie. I wont kill anyone!". I really need permission to just shoot these people.

[Your Mentor]

I routinely call dispatch on my cell phone to cut down on the radio traffic. Being a resident officer all of my admin time is on the cell phone to clerical or one of the desk officers. I would have to find a pay phone if I didn't have a pay phone (which is what I did in Death Valley before cell service arrived there). My cell phone is an interal part of my job at this point. Nextel, the provider I use, offers a discount to cops though it is not necessarily a great savings. Anyway, I use a headset religously and pull onto the shoulder for EVERY call. I do this mostly to get better reception. But I agree it sets an example to the public.

[redhead]

I routinely call dispatch on my cell phone to cut down on the radio traffic. Being a resident officer all of my admin time is on the cell phone to clerical or one of the desk officers. I would have to find a pay phone if I didn't have a pay phone (which is what I did in Death Valley before cell service arrived there). My cell phone is an interal part of my job at this point. Nextel, the provider I use, offers a discount to cops though it is not necessarily a great savings. Anyway, I use a headset religously and pull onto the shoulder for EVERY call. I do this mostly to get better reception. But I agree it sets an example to the public. So, they (the state) does not cover the cost of the cell?

BTW, random thread hi-jack #2, do you have a slick top or light bar as a RP?

[Tom]

OK, I'm calling the Mentor on this one. I don't think they have cell phones in Yreka.:shock:

[4CHP]

people go off to another land when they talk and drive.

Isn't that the truth! :evil:

[4CHP]

I am aware of the distraction

Exactly. People, in general, are not aware of their surroundings. They're not conscious of their environment, and this results in many accidents. Throw in the use of a cell-phone while driving, and as SB 405 said, drivers become further detached from the road.

It is very challenging, even with a hands-free set, to talk and drive at the same time; especially in city streets. Try backing up of a space, in a full parking lot with cars driving in all directions, and people walking with carts and children alongside. It is already stressful enough, with your full attention, with both hands on the steering wheel.

People need to recognize and accept the fact that it IS a distraction. Most, if asked will tell you that they see it as a distraction, yes, but they'll continue to use it anyway.

Just like when someone wants to change a certain behavior. That person needs to accept and want that change to occur. It needs to come from them, nobody else can change them.

[Your Mentor]

Tom, we even have running water and electricity!

redhead, no, they don't cover the cost of the cell but nearly all cell companies give a minor discount or a government rate to peace officers. You can't put in a claim to the state for your cell service so I recommend paying the extra for a free incoming plan. When dispatch says to call one of the desk officers I ask them to have them call me and remind them I have free incoming. It isn't much more but saves my minutes for personal use. And right now I have an 05' Crown Vic slick top. I just ran out a light bar car. Nearly all of us out here (5 officers between Tulelake and Dorris) have slick tops. Only one officer is driving a light bar car right now. The sergeant drives an Expedition. The two guys in Happy Camp have Expeditions I think (I know at least one does). All cars are assigned in the same way motors are assigned.

[redhead]

Whole post.

Cool! Thanks for the info.....

[Tom]

Just messin' with ya Kelly. I used to hunt/camp outside of callahan quite a bit...I know that's up there somewhere.

Tom

[SB 405]

Since this question has to do with cell phones I'll ask it here rather than start a new thread.....Why is it all 911 cell phone calls are directed to the CHP? My guess is because the CHP covers the entire state so all emergency calls go into one location and then get routed the the proper city and authority? CHP switchboards must be blowin' up every day with calls given the popularity of cell phones. Also, since the cell has been around for awhile now are call boxes ever used any more?

[dw]

SB, you have the right idea. As there is no way to specifically locate where a cell phone call is coming from (at least until recently with E911), all calls go to us, being the State law enforcement agency. We then transfer the call to the appropriate agency or dispatch our units if in our jurisdiction. Cell phone calls are routed to the nearest CHP Communications or Dispatch Center -- they don't all go to one location. You're right, we're swamped with calls. The vast majority of calls, sometimes upwards of 80%, are non-emergency. Most cell phones dial 911 if you hold "9" or another specified key. This often results in an owner unknowingly dialing 911 and keeping the line open. Others call to get directions or general information. After Christmas, there's always a surge in non-emergency calls as people call 911 to see if their new gift works.

We tested a system briefly that required you to press a key after the system answered, to verify you had an emergency. At least it would block the "phantom" calls. Had to discontinue the use because some phones will not allow you to enter key-commands after dialing 911. (Cell phones are required to be able to dial 911 even if they're not activated or can not find a signal on allowed networks.) Last I heard, they were talking about bringing such a system back, modified to allow voice commands. I don't know if it is in place or not.

Even when there is an emergency incident, we get swamped because 30 people will call in the same incident, many who passed well after the situation occurred.

Some Divisions have started programs to send cellular calls directly to local police departments. Basically, cell phone towers well within a city, and not likely to be freeway-related calls, can be routed to the PD. They also get some additional funding, so many jumped on this last year when the program started. I know of at least one PD that gave the calls back to us after a month -- it wasn't worth the money.

Call Boxes are still used quite often. Surprisingly, those who drive vehicles which tend to break-down or run out of gas often don't have cell phones. (Although last time I was in a Cingular store, there was a homeless guy paying his bill. Guess if your house is mobile... Never mind. :rolleyes: ) You wouldn't believe how many "11-26 in a blue Honda, no friends, no family, no funds" calls we get.

SF Gate Article (http://www.sfgate.com/cgi-bin/article.cgi?file=/c/a/2004/12/24/MNGKGAGU9D1.DTL)

[2100VC]

Don't forget Assemblymember Nakano-D sneaked this one in last year. It is one step closer!

23125. (a) A person may not drive a schoolbus or transit vehicle,
as defined in subdivision (g) of Section 99247 of the Public
Utilities Code, while using a wireless telephone.
(b) This section does not apply to a driver using a wireless
telephone for work-related purposes, or for emergency purposes,
including, but not limited to, an emergency call to a law enforcement
agency, health care provider, fire department, or other emergency
service agency or entity.
(c) Notwithstanding any other provision of law, a violation of
subdivision (a) does not constitute a serious traffic violation
within the meaning of subdivision (i) of Section 15210.

:shock:

[Your Mentor]

2100VC,
Thanks for that info. Aren't there some other similar bills before the Assembly and Senate right now? It makes sense to start with regulated licensed drivers since it's an easier sell. It sounds like you're in the know a bit; or at least keeping abreast of legislation. Please share more if you can.
Thanks.

[2100VC]

Nothing else made it. They tried it again this year with SB 681 (http://www.leginfo.ca.gov/pub/bill/sen/sb_0651-0700/sb_681_bill_20050222_introduced.html). :rolleyes: It looks like it died pretty quickly. It was authored by Senator Simitian-D (His district is SF south bay) :shock: This was the last action on it:

Apr. 19 Set, second hearing. Hearing canceled at the request of author.

I think this was the only one. We'll probably see another next year.

[Your Mentor]

Thanks. I'll have to go to the Senator's website and decipher the reason for the cancelation. I don't understand it. There have been multiple anti-cell phone bills from the Senate and the Assembly over the past five years. You'd think the public would have rallied behind the first one with a roar. Who knows what political machinations are working behind the scene. Well keep us informed.

[Mick]

Not yet, but there does not need to be one since some motorists can do more than one thing at a time. Just like the people who read maps, shave, put their makeup on, adjust their car stereos, etc. while driving, CVC section 22350 covers this form of inattention. I like to call it a "After the fact" type of violation. An officer can use 22350 VC as the primary cause of collision, or even cite the motorist when driving while doing the above mentioned activities while going down the road.
Can anyone tell me if the law is even close to being passed that will make it illegal to operate a moving vehicle while talking on the phone in this state? The one thing that bothers me the most is the person driving on the freeway with the phone in their left hand while making lane changes w/o bothering to signal. I can't think of anything that distracts a person more. Okay maybe the DVD player but people go off to another land when they talk and drive.

[PharmGirl]

redhead, no, they don't cover the cost of the cell but nearly all cell companies give a minor discount or a government rate to peace officers.

Don't forget to turn this in to your Tax person each year! every bit helps :smile:

[SB 405]

Just heard on the news the wheels are turning making it illegal to operate a motor vehicle while HOLDING a cell phone. I've never wanted a law passed so bad in my life.

http://cbs2.com/video/?cid=71

[10-7]

First of all, this law would be completely unenforceable. One only has to "hang up" on the person to whom he / she was talking to while the officer is stopping the "violator", dial 911 to report that "dog that was running in the lanes back there...didn't you see him officer? 911 has been ringing forever...". If the officer wants to make a federal / state issue out of it, I suppose he could subpoena the phone records, get the person that the driver was talking to, subpoena him / her into court, and maybe have to confiscate the phone for evidence.

Now, if you make the distraction of talking on a cell phone illegal, you might as well eliminate the following:

1. Talking to a passenger (one of the worst driving patterns I witnessed was a driver yappin' with her passenger, weaving onto and off of the shoulder). Eliminate passengers???

2. Any kind of sound system in the car (How many times do you hear the excuse "I was adjusting my stereo when all of the sudden the driver ahead slammed on his brakes and caused this crash"?)

3. Any kind of climate control system (adjusting the air conditioner / heater).

4. I was preoccupied with smacking my kids arounds.

5. Putting on the seatbelt while driving.

6. Smoking (I'd go for this one).

7. Eating.

The link between all of the above (and dozens more that aren't listed here) is the inattention factor and the element that people don't take their driving seriously any more.

If they want to make a cell phone law (which seems to be job justification for a lot of politicians, because they can't think of anything else to gripe about), make an enhancement for commiting a moving violation (division 11 of the CVC) while talking on a cell phone. I.e. you see someone weaving onto the center divider and back, and forth, etc. You pull up alongside of the violation and see a cell phone plugged into their ear. Sign em up for driving on a divider section with a fine enhancement.

[10-7]

Just heard on the news the wheels are turning making it illegal to operate a motor vehicle while HOLDING a cell phone. I've never wanted a law passed so bad in my life.

http://cbs2.com/video/?cid=71

The next thing ya know, they'll wanna make a law that you can't drive while holding your ______________.

[AyatollahGondola]

I bet all the higher up's in Sac town use them all the time while driving so of course It won't become a law.

If by higher ups you mean lawmakers, they usually exempt themselves from laws like these. Remember Willie (lead foot) Brown and his speeding ticket exemption?

the grand problem with cell phones is one's willingness to use them. But if technology and big brother keep up their current pace, there could be a more effective method than writing tickets:
You hear the call waiting signal on your cell; You put your mistress on hold for a minute and greet the new caller; A firm voice says "this is officer U. R. Busted of the CHP"..."Put down the phone, slow down, and get some air in that flat tire on your passenger side or I'm sending a copy of your phone records to your wife".

the vehicle code has so many things to learn they should be teaching it in high school instead of spanish.

[SB 405]

If I heard the "I was holding on 911" line on a traffic stop I suppose I'd ask the driver to show me the recent call feature on the phone (call that on the spot subpoena of phone records) and if it shows anything other than 911 as the last call...get out your pencil. Sure you guys are going to hear every excuse in the book....what else is new? I bet more than a few of you have experienced people talking away on the phone while being cited. And what law is on the books that is 100% enforceable anyway?...speeding,DUI, no DL etc.? You must first catch someone to enforce any law and Officers can't be everywhere.

[pupdog]

The glitch I see right away is that I've used 1-800-tell-chp a couple of times while driving when there was a road hazard and nowhere to pull off (pallet in the center lane just before the Benicia bridge, car stuck on top of a matress, 5150-looking person wandering along the shoulder with no disabled vehicle around in a rural exit-less area). I wouldn't want to give or get a ticket for looking out for safety. The pallet one would have scored me a ticket on the way to my QAP, too! Not a good time to get one!

[SB 405]

The glitch I see right away is that I've used 1-800-tell-chp a couple of times while driving when there was a road hazard and nowhere to pull off (pallet in the center lane just before the Benicia bridge, car stuck on top of a matress, 5150-looking person wandering along the shoulder with no disabled vehicle around in a rural exit-less area). I wouldn't want to give or get a ticket for looking out for safety. The pallet one would have scored me a ticket on the way to my QAP, too! Not a good time to get one!

Pass the law of HOLDING a cell phone while driving and watch the hands free devices sales soar. You could still call the CHP/PD with safety issues.

[Cameron]

The glitch I see right away is that I've used 1-800-tell-chp a couple of times while driving when there was a road hazard and nowhere to pull off (pallet in the center lane just before the Benicia bridge, car stuck on top of a matress, 5150-looking person wandering along the shoulder with no disabled vehicle around in a rural exit-less area). I wouldn't want to give or get a ticket for looking out for safety. The pallet one would have scored me a ticket on the way to my QAP, too! Not a good time to get one!

Pass the law of HOLDING a cell phone while driving and watch the hands free devices sales soar. You could still call the CHP/PD with safety issues.

Yes, but you still have to hold it if you want to dial a number. You'd have to define "hold" as meaning "holding the phone next to your ear."

[SB 405]

Agreed,if it looks like the phone is growing out of the drivers ear (as most do) that's holding IMO. Please don't even get me started on people looking down to dial.:rolleyes:

[Cameron]

Haha. Ok, I'd like to sound off on this one, too. People who use cell phones while driving NEVER USE THEIR TURN SIGNALS!!! It drives me up a wall how people veer all over the freeway without letting their fellow drivers know what the next move is going to be.

When I do drive while using a cell, I always hold it in my right hand, so my left is free to use the signal. (which I never use, because I don't make lane changes while I'm driving and talking!)

[pupdog]

Cell phones are useful devices. How about a NO STARBUCKS WHILE DRIVING law?? Those seem to be the WORST on the cellphone!
(not singleing out Starbucks; that's just the cup in the hands.)

[SB 405]

Haha. Ok, I'd like to sound off on this one, too. People who use cell phones while driving NEVER USE THEIR TURN SIGNALS!!! It drives me up a wall how people veer all over the freeway without letting their fellow drivers know what the next move is going to be.

When I do drive while using a cell, I always hold it in my right hand, so my left is free to use the signal. (which I never use, because I don't make lane changes while I'm driving and talking!)

How about getting behind the person who's so involved with the phone while sitting at a red light he/she doesn't even realize the light has changed and just keeps talking away.

[Mac]

Haha. Ok, I'd like to sound off on this one, too. People who use cell phones while driving NEVER USE THEIR TURN SIGNALS!!! It drives me up a wall how people veer all over the freeway without letting their fellow drivers know what the next move is going to be.

When I do drive while using a cell, I always hold it in my right hand, so my left is free to use the signal. (which I never use, because I don't make lane changes while I'm driving and talking!)

How about getting behind the person who's so involved with the phone while sitting at a red light he/she doesn't even realize the light has changed and just keeps talking away.
...or the self-centered moron driving 10 mph under the speed limit in the fast lane, creating a major traffic jam in his/her wake as he/she chats merrily away on his/her phone, completely oblivious to everything around him/her. I can't tell you how many times I've wished for a 'dozer blade on the front of my car! :evil:

[Cameron]

haha! Or how about the person who... yeah, you guys already hit on the ones that irritate me the most.


What's really scary is people who use their phones to text-message while driving.

[SB 405]

I guess all we can do is wait and see.

['86 Samurai]

Outlaw automatic transmissions.

It's a real struggle to hold a cellphone in one hand (and the new ones are too tiny to prop between your neck and shoulder) while both steering and shifting with the other one. Nearly ubiquitious manual transmissions will nearly eliminate non-headset cellphone use in cities. Freeways are a different matter since one doesn't need to shift as often, but still...it could work.

Well, perhaps that's not really the best use of government. But it would get rid of a lot of cellphone usage while driving, not to mention the application of makeup and shaving.

:biggrin:

[Mac]

...Nearly ubiquitious manual transmissions will nearly eliminate non-headset cellphone use in cities.
I'm pretty convinced that a lot of these knotheads would drive around in one gear at 13,000 rpm rather than give up their cellphones! :rolleyes:

['86 Samurai]

...Nearly ubiquitious manual transmissions will nearly eliminate non-headset cellphone use in cities.
I'm pretty convinced that a lot of these knotheads would drive around in one gear at 13,000 rpm rather than give up their cellphones! :rolleyes: Yeah but then they'd screw up their engines/transmissions (or maybe hit a tree if they were trying to juggle a steering wheel, stick shift and a cellphone), and loose their cars either way.

So...after a few cars they'd run out of money and they couldn't drive with a cellphone. ;)

See, I've got it all worked out.