New California Law Regulating Drivers’
Cell Phone Usage

New Restrictions For Drivers Using Cell Phones Require Review And Likely Update Of Employers’ Written Policies

    Effective July 1, 2008, California drivers will be prohibited from using a handheld wireless telephone while operating a motor vehicle. While motorists 18 and over may use a hands-free device, drivers under the age of 18 may not use a wireless telephone, pager, laptop or any other such device, even a hands-free device, to speak or text while operating a motor vehicle.

    The law was crafted in response to the significant number of traffic accidents caused by drivers distracted during cell phone calls. Many such accidents have involved individuals using their cell phones – either personal or Company-issued – while traveling on business. Whether calls are of a personal or work-related nature, employees using cell phones while driving on Company time or business expose their employer to potential liability. In the event an accident occurs, that liability is exponentially greater than the fine levied for violation of the new law.

    These new laws apply to all individuals driving in the state of California, even out-of-state drivers whose home states do not have such laws.

    Therefore, all employers whose employees use cell phones while driving in California in the course of their employment should ensure that their Company’s cell-phone usage policies fully comply with the new law and that their employees understand and follow the policies.

    If you have questions regarding the new law, or to have your Company’s cell phone policies updated, please contact one of our SFSSW attorneys at (310) 288-3980 or e-mail him or her at the address listed below.